Catholic and Independent School Disability Rights Victoria: What Parents Need to Know

A common misconception among Victorian families is that disability rights in education only apply to government schools. Some parents have been told outright by a Catholic or independent school that because they are "private," they operate under different rules. That is not accurate.

Every school in Australia — government, Catholic, or independent — is bound by federal anti-discrimination law. The obligations are real, enforceable, and in some respects just as demanding as those applied to government schools.

The Federal Framework That Applies to All Schools

The Disability Discrimination Act 1992 (Cth) (DDA) makes it unlawful to discriminate against a person in education on the basis of disability. This applies to all educational providers — there is no sector exemption for faith-based or independent schools.

The Disability Standards for Education 2005 (Cth) (DSE) give the DDA practical effect in schools. Under the DSE, every school must take reasonable steps to ensure students with disability can:

• Enrol at the school
• Participate in learning programs on the same basis as other students
• Access school facilities and services without discrimination
• Receive reasonable adjustments to support their participation

These are not aspirational guidelines. They are legal obligations. Compliance is a condition of a school's registration with the Victorian Registration and Qualifications Authority (VRQA).

How Funding Differs — and Why It's Not an Excuse

There is a genuine structural difference between government and non-government schools in Victoria: the Disability Inclusion (DI) model, which provides Tier 2 and Tier 3 funding, is administered through the Department of Education and applies to government schools. Catholic schools are funded separately through Catholic Education Melbourne (or equivalent diocesan bodies), and independent schools receive Commonwealth government funding through the Australian Government's Direct Measure of Income model.

Non-government schools genuinely do not access DET Tier 3 funding in the same way as government schools. But this funding difference does not alter the legal obligation to provide reasonable adjustments. It affects how the school finances those adjustments — not whether the obligation exists.

If a Catholic or independent school tells you they cannot provide adjustments because they are "private" or "don't get the same funding," that is a resourcing challenge they must solve internally. It is not a legal defence under the DDA or DSE.

The test for whether an adjustment must be provided is whether it is "reasonable" — assessed against the school's financial resources, size, and the nature of the adjustment required. A larger, well-resourced independent school faces a higher bar for claiming hardship than a small regional school with limited facilities.

What Non-Government Schools Must Do

Under the DSE 2005, all schools must:

Consult with the student and family about what adjustments are needed. This is a legal requirement, not a courtesy. Schools must engage with you in good faith when you raise your child's needs.

Develop adjustments in collaboration with the family. This is similar in intent to the SSG process in government schools, though the specific mechanism may differ. The key is that the process is documented and the school makes clear commitments.

Implement and monitor adjustments. Agreeing to adjustments in a meeting and then not delivering them in the classroom is a breach of the DSE, regardless of school sector.

Not discriminate in enrolment. A Catholic or independent school cannot refuse to enrol a child solely because of their disability, provided the school could make reasonable adjustments to accommodate the student. Refusing enrolment without genuine engagement with what adjustments might be possible is likely unlawful under the DDA.

The Victorian EOA and Non-Government Schools

The Equal Opportunity Act 2010 (Vic) (EOA) adds a state-level layer of protection. It applies to non-government schools in their capacity as service providers and employers, and it covers both direct and indirect discrimination based on disability.

Under the EOA, indirect discrimination is particularly relevant for policies that appear neutral but disadvantage a student with disability — uniform requirements, attendance rules, assessment formats — without justification.

Section 15 of the EOA also imposes a positive duty to take proactive steps to prevent discrimination. While its application to non-government schools is somewhat more nuanced than for public authorities, it still applies in Victoria.

What to Do If a Non-Government School Refuses Adjustments

The escalation pathway for Catholic and independent schools differs from the government school pathway because the DET Regional Office is not relevant. Instead:

1. Raise the issue in writing with the school principal. Document your specific requests, the school's responses, and the gap between what was agreed and what is happening.

2. Escalate within the school system. Catholic schools have diocesan bodies (Catholic Education Melbourne) with oversight responsibilities. Independent schools may have their own governing boards or regulatory bodies.

3. Lodge a complaint with the Australian Human Rights Commission (AHRC). AHRC handles complaints under the federal DDA. This is free and involves conciliation before any formal proceedings.

4. Lodge a complaint with VEOHRC. For state-level EOA discrimination, the Victorian Equal Opportunity and Human Rights Commission offers free conciliation independent of the AHRC process.

5. If conciliation fails: VCAT or Federal Court. EOA matters can proceed to the Victorian Civil and Administrative Tribunal (VCAT). DDA matters that are not resolved through AHRC conciliation can be taken to the Federal Court or Federal Circuit and Family Court of Australia.

Support services available to families include the Disability Discrimination Legal Service (DDLS) and Villamanta Disability Rights Legal Service, both of which provide legal advice for discrimination complaints against any type of school.

Enrolment Refusals

If a Catholic or independent school has refused to enrol your child because of their disability, this is one of the most serious potential breaches. The DDA makes enrolment discrimination explicitly unlawful.

The school may claim they cannot provide adequate support for your child's needs. But to lawfully refuse enrolment, they must demonstrate that providing reasonable adjustments would impose an unjustifiable hardship — and that burden of proof sits with the school, not with you.

A genuine exploration of what adjustments might be possible — including external funding options, modified programs, or phased transition arrangements — is required before a refusal can be justified. A flat refusal without this process is likely unlawful.

Building Your Case

Whether you're in a dispute over adjustments or enrolment, the principles of good documentation apply in exactly the same way as in government school advocacy:

• Request meetings and adjustments in writing, not just verbally
• Follow up every meeting with a written summary of what was discussed and agreed
• Keep copies of allied health reports, specialist recommendations, and all school correspondence
• Document specific instances where the school failed to implement agreed adjustments

The Victoria Disability Advocacy Playbook (/au/victoria/advocacy/) includes templates that apply to both government and non-government settings — including formal adjustment request letters, complaint letters citing DSE 2005 obligations, and guidance on navigating the AHRC and VEOHRC complaint processes.

Summary

Catholic and independent schools in Victoria have the same obligation to provide reasonable adjustments for students with disability as government schools. The funding mechanisms are different, but the legal obligations are identical. When a non-government school declines to engage with your child's needs, the complaint pathway runs through the AHRC and VEOHRC rather than DET — but the destination is the same: enforceable obligations and access to conciliation and tribunal proceedings if necessary.

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