Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 39

Exception-special services or facilities

39. Exception-special services or facilities

An educational authority may discriminate against a person on the basis of
impairment if-

   (a)  in order to participate or continue to participate in, or to derive or
        continue to derive substantial benefit from, the educational program
        of the authority-

   (i)  the person requires or would require special services or facilities;
        and

   (ii) it is not reasonable in the circumstances for those special services
        or facilities to be provided; or

   (b)  the person could not participate or continue to participate in, or
        derive or continue to derive substantial benefit from, the educational
        program even after the provision of special services or facilities.