Exemptions and exceptions - Education

There are four exceptions to the protection against discrimination in education provided by the Victorian Equal Opportunity Act.

Educational needs

Schools and other educational institutions may run programs entirely or mainly for students of a particular sex, race, religious belief, age or age group or for students with disabilities.

Students who don't have the relevant personal characteristic may be lawfully excluded from such programs.

Special services or facilities

It is lawful to exclude a person with a disability from a school or other educational institution if:

the person with a disability needs special services or facilities to take part in or benefit from the education program; and
it isn't reasonable in the circumstances to provide those special services or facilities.

If a person with a disability would be unable to take part in or continue to take part in, or receive any benefit from an educational program even after special services and facilities were provided for them, it would be lawful to exclude them from the program.

Dress, appearance and behaviour standards

Schools, colleges and other educational institutions may set and enforce reasonable dress, appearance and behaviour standards.

Schools' dress, appearance and behaviour standards must take into account the views of the school community in order to be "reasonable". The school community would include students, staff, parents, members of school committees and councils.

For other educational institutions, whether or not standards are "reasonable" will depend on all the circumstances of the case.

Age-based admission schemes and quotas

This exception makes "school leaving age", "mature age" and other age-based schemes and quotas lawful.