Does the DDA affect rules about student behaviour?
Reasonable rules about behaviour are not discriminatory under the DDA. However, rules which are unreasonable or are unreasonably applied may involve indirect discrimination. The decisions of the High Court in Purvis v NSW, Federal Court in State of NSW v HREOC and Purvis (29 August 2001) and the Full Court in Purvis v NSW (24 April 2002) confirm that applying the same rules about disruptive behaviour as would be or are applied to students without a disability does not involve direct discrimination – whether or not the behaviour is caused by a disability. Treatment which is the same but which is less favourable in its impact will not be direct discrimination, but note that it may be indirect discrimination if it is unreasonable. Indirect discrimination under the DDA occurs if a person with a disability is required to comply with a condition or requirement, which he or she cannot comply with, and which a substantially greater proportion of people without than with the disability can comp
