The Inclusion and Exclusion of Students with Disability Related Problem Behaviour in Mainstream Australian Schools

  • Elizabeth DicksonEmail author


This chapter considers the scope of the legal obligation of mainstream Australian schools to enrol and to support students with disability related problem behaviour. It examines if and when students whose behaviour affects the health and safety or learning environment of others in the school community may be refused enrolment, or excluded. It also examines the issue of whether schools can insist that students with disability comply with school behaviour codes. Cases interpreting and applying the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) are discussed.


Disability Problem behaviour Anti-discrimination law Australia 


  1. Atkins, D. (1995, December 15). A question of hardship. The Courier Mail, p. 6.Google Scholar
  2. Atkins, D. (1996, January 19). Commonsense win or rights setback? The Courier Mail, p. 2.Google Scholar
  3. Butler, G. (1995, December 16). QC defends all pupils’ rights. The Courier Mail, p. 6.Google Scholar
  4. Butler, G. (1996, January 23). Row over disabled students. The Courier Mail, p. 3.Google Scholar
  5. Christensen, C. (1996). Disabled, handicapped or disordered: “What’s in a name?”. In C. Christensen & F. Rizvi (Eds.), Disability and the dilemmas of justice and education (pp. 63–78). Buckingham: Open University Press.Google Scholar
  6. Council of Australian Governments. (2011). National disability strategy 2010–2020. Retrieved from
  7. Dickson, E. (2004). Disability discrimination, unjustifiable hardship and students with disability-induced problem behaviour. (K. Lindsay, Ed.) Australia and New Zealand Journal of Law and Education, 9(2), 37–52.Google Scholar
  8. Dickson, E. (2005). Disability discrimination in education: Purvis v. New South Wales (Department of education and training), amendment of the education provisions of the disability discrimination act 1992 (CTH) and the formulation of disability standards for education. University of Queensland Law Journal, 24(1), 213.Google Scholar
  9. Dickson, E. (2006). Disability standards for education and the obligations of reasonable adjustment. (J. Cumming, & E. Dickson, Eds.) Australia and New Zealand Journal of Law and Education, 11(2), 23–42.Google Scholar
  10. Dickson, E. (2014). Disability standards for education 2005 (Cth): Sword or shield for Australian students with disability. International Journal of Law and Education, 19(1), 5–20.Google Scholar
  11. Edwards, S. (2004). Purvis in the high court behaviour, disability and the meaning of direct discrimination. Sydney Law Review, 26(4), 639–652.Google Scholar
  12. Mark Oberhardt, M. (1995, December 15). School integration policy under fire. The Courier Mail, p. 5.Google Scholar
  13. Rattigan, K. (2004). The Purvis decision: A case for amending the disability discrimination act 1992. Melbourne University Law Review, 28(2), 532–563.Google Scholar
  14. Senate Employment, Workplace Relations and Education Committee, Parliament of Australia, Education of students with disabilities (2002).Google Scholar
  15. Slee, R. (2008). Beyond special and regular schooling? An inclusive education reform agenda. International Studies in Sociology and Education, 18(2), 99–116.CrossRefGoogle Scholar
  16. Thornton, M. (2009). Disabling discrimination legislation: The High court and judicial activism. Australian Journal of Human Rights, 15(1), 1–28.CrossRefGoogle Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  1. 1.School of LawQueensland University of TechnologyBrisbaneAustralia

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