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Duty of care

The dual duty of care is often raised as an issue within academic environments. This is the dual responsibility of academic institutions both to ensure the professional standards of its graduates, and to support its students in attaining these standards. Occasionally, a conflict between these responsibilities may occur. In his report on recent Tertiary Initiatives for People with Disabilities (TIPD) forum, "Psychiatric Disability and University Study: Who Copes?" (1996) John O'Gorman writes:

'Universities, as providers of professional education, have a responsibility to the community and the professions to ensure fitness of the student to practice, but as education institutions they have a primary responsibility to the students who enrol with them to maximise their development.'

There is no immediate solution to this issue, and much discourse between all stakeholders needs to occur. Each situation must be considered on its individual merits.

'Even though I have a medical certificate, I have been refused an extension. I find I have to continually prove my illness ... There's often an ignorant attitude from staff ... Because it's an invisible disability, it's easy to ignore.'

A suggestion for staff faced with a situation where conflicts of responsibility occur is to discuss the issue with peers and course coordinators. This should be done in a manner that maintains the student's confidentiality, and respects the needs of all parties.

Social responsibility

Universities are committed to increasing opportunities for people with disabilities to participate in all aspects of university life including education and employment. This commitment is based on a philosophy of inclusion, which promotes strategies to develop an environment, which is sufficiently flexible to accommodate the diversity of all users. Inherent in this statement is the expectation that all staff within the university will be responsive to the needs of people with disabilities.

Legal obligations

There are two pieces of legislation which encompass the education and employment of people with disabilities: the Commonwealth Disability Discrimination Act (1992) and the Queensland Anti-Discrimination Act (1991). Universities also have equal opportunity and freedom from all forms of discrimination in education and employment.

To comply with the disability legislation universities must make reasonable accommodations to ensure that people with disabilities are able to participate in work and study and have the same opportunities for success as people who do not have a disability, unless to do so would cause unjustifiable hardship, or adversely affect the individual or other people.

The Commonwealth Disability Discrimination Act (1991) defines relevant terms as:

Reasonable accommodations - making adjustments or alterations (eg: administrative, physical, procedural ...) where required to ensure equal opportunity for people with a disability. Each case needs to be considered in its own circumstances and on its own merits.
Unjustifiable hardship - in some cases it may be unreasonable for a university to make required adjustments. Relevant circumstances in determining hardship include:
- the nature of the benefit or detriment likely to accrue or be suffered by any persons concerned;
- the financial circumstances of the institution and the estimated amount of expenditure required to be made by the university in claiming unjustifiable hardship.

Making accountable decisions

The key factor in deciding whether an adjustment is necessary or possible, is the effect of the disability on the individual and of the impact of the adjustment or alteration on the particular situation. The Human Rights and Equal Opportunity Commission is not required to consider a claim of unjustifiable hardship unless there is detailed evidence produced to support the claim. Staff from the University Disability Program will be pleased to assist and give confidential advice on disability matters that are of concern to the university.

The university is directly responsible for ensuring that the requirements of the Acts are fulfilled, and can also be held vicariously liable for discrimination or harassment against a person with a disability by a member of staff or one of its agents.