Helping people Helping people understand their understand their legal rightslegal rights

From Tolerance to Respect: Cultural From Tolerance to Respect: Cultural Competence in PracticeCompetence in Practice

Friday 8 September 2006Friday 8 September 2006

The Education StandardsThe Education Standards

Came into force on 18 August 2005 and covers a wide range of Came into force on 18 August 2005 and covers a wide range of education programs - from universities to public schools, TAFE education programs - from universities to public schools, TAFE training courses to private colleges.training courses to private colleges.

Aims to clarify obligations of education providers and rights of Aims to clarify obligations of education providers and rights of people with disability in education and training.people with disability in education and training.

Covers enrolment, participation, curriculum development, Covers enrolment, participation, curriculum development, accreditation & delivery, student support services, and accreditation & delivery, student support services, and harassment & victimisation.harassment & victimisation.

Concerns from both student and education provider Concerns from both student and education provider perspectives.perspectives.

Structure of the StandardsStructure of the Standards Statement of rights – Obligations/Standards – Measures Statement of rights – Obligations/Standards – Measures

(evidence of compliance with obligations/standards)(evidence of compliance with obligations/standards) Parts 1 and 2 – Definitions and important termsParts 1 and 2 – Definitions and important terms Part 3 – Making reasonable adjustmentsPart 3 – Making reasonable adjustments Part 4 – Standards for enrolmentPart 4 – Standards for enrolment Part 5 – Standards for participationPart 5 – Standards for participation Part 6 – Standards for curriculum development, Part 6 – Standards for curriculum development,

accreditation and deliveryaccreditation and delivery Part 7 – Standards for student support servicesPart 7 – Standards for student support services Part 8 – Standards for harassment and victimisationPart 8 – Standards for harassment and victimisation Part 9 – Treatment of a person who has an associate with Part 9 – Treatment of a person who has an associate with

disabilitydisability Part 10 – Exceptions (unjustifiable hardship, protection of Part 10 – Exceptions (unjustifiable hardship, protection of

public health)public health)

Concerns for education providersConcerns for education providers UncertaintyUncertainty of how new concepts/standards will be of how new concepts/standards will be

interpreted by courts and whether parts of Standards may interpreted by courts and whether parts of Standards may be invalid (beyond DDA)be invalid (beyond DDA)

Duty to consultDuty to consult on reasonable adjustments (Section 3.5) is on reasonable adjustments (Section 3.5) is very onerousvery onerous

DutyDuty to develop, implement and train staff in all levels of to develop, implement and train staff in all levels of education on education on victimisation and harassmentvictimisation and harassment (Section 8.3) (Section 8.3) exceeds DDA dutyexceeds DDA duty

Standards will not necessarily provide a complete code Standards will not necessarily provide a complete code displacing application of the DDAdisplacing application of the DDA. Will depend on terms of . Will depend on terms of the particular standard, the particular circumstances of the the particular standard, the particular circumstances of the case and judicial interpretation of acting “in accordance case and judicial interpretation of acting “in accordance with” the standard (HREOC)with” the standard (HREOC)

Must seriously question whether Standards provide more Must seriously question whether Standards provide more clarity or clarity or more confusionmore confusion – possibly greater scope for – possibly greater scope for complaints – twin regimecomplaints – twin regime

Concerns for students with disabilityConcerns for students with disability

Does not distinguish between direct and indirect discriminationDoes not distinguish between direct and indirect discrimination – – new treatment ‘on the same basis’ standardnew treatment ‘on the same basis’ standard

““On the same basis”On the same basis” unclear; unclear; “opportunities and choices”“opportunities and choices” meaninglessmeaningless

Unjustifiable hardshipUnjustifiable hardship ‘defence’ is ‘defence’ is available at all stagesavailable at all stages (enrolment, participation, dismissal) – under DDA, only for (enrolment, participation, dismissal) – under DDA, only for enrolmentenrolment

Unjustifiable hardshipUnjustifiable hardship ‘defence’ effectively ‘defence’ effectively extended to direct extended to direct discriminationdiscrimination – under DDA, only for indirect – under DDA, only for indirect

Concern about Concern about academic integrityacademic integrity (Section 3.4(3)) for students (Section 3.4(3)) for students with intellectual disabilitywith intellectual disability

Protection of public healthProtection of public health ‘defence’ – too broad, subject to ‘defence’ – too broad, subject to extremes:extremes:

o ““infectious disease or other condition and it is reasonably infectious disease or other condition and it is reasonably necessary to … isolate or discriminate to protect the health necessary to … isolate or discriminate to protect the health and welfare of the student with a disability or the health and and welfare of the student with a disability or the health and welfare of others”welfare of others”

The ProjectThe Project

The idea:The idea:

To translate the legal lingo into Plain English and To translate the legal lingo into Plain English and other accessible formats so students with other accessible formats so students with disability and their associates can actually disability and their associates can actually understand them and use them. understand them and use them.

The ProjectThe Project

Three main elements:Three main elements:

1.1. Plain English WebsitePlain English Website

2.2. Auslan and audio interpretationAuslan and audio interpretation

3.3. Short information brochureShort information brochure

Plain EnglishPlain English

‘‘Too often government and business Too often government and business documents try to sound impressive rather documents try to sound impressive rather than communicate clearly.than communicate clearly.’’

Dr Neil James, Plain English Foundation 2005 published in the Dr Neil James, Plain English Foundation 2005 published in the Daily Daily

Telegraph Telegraph 01/092005 p38.01/092005 p38.

Plain English ExercisePlain English Exercise

Can you guess what Christmas carol this Can you guess what Christmas carol this is?is?

Adapted from Dr Neil James Adapted from Dr Neil James ‘‘Unjingling the carols for a Unjingling the carols for a modern Christmasmodern Christmas’’ published in published in The Daily Telegrpah The Daily Telegrpah 9/12/2005 p39.9/12/2005 p39.

A more serious exampleA more serious example

From a local council responding to objections From a local council responding to objections over a development proposal:over a development proposal:

‘‘In terms of reaching its decision Council took into In terms of reaching its decision Council took into consideration the matters in your submission consideration the matters in your submission and as the proposal complied with the and as the proposal complied with the objectives of the Councilobjectives of the Council’’s policies and s policies and conformed to the relevant statutory conformed to the relevant statutory requirements, Council was of the opinion that requirements, Council was of the opinion that the application should be approvedthe application should be approved’’..

OROR

‘‘Council considered your submission Council considered your submission carefully. However, we had to approve carefully. However, we had to approve the application because it complies with the application because it complies with Council policy and meets all legal Council policy and meets all legal requirements.requirements.’’

Dr Neil James Plain English Foundation Dr Neil James Plain English Foundation Daily Telegraph Daily Telegraph 01/09/2005 p3801/09/2005 p38

Plain English Law?Plain English Law?

Saying what you mean Saying what you mean

- the Legal Tradition vs. Plain Englishthe Legal Tradition vs. Plain English

• Getting startedGetting started Some handy hintsSome handy hints The review processThe review process

AUSLAN TranslationAUSLAN Translation

Translation challengesTranslation challenges Defining the target audienceDefining the target audience Legal terminologyLegal terminology Sociolinguistic variation (dialects)Sociolinguistic variation (dialects) Drafting and scripting processDrafting and scripting process Filming and on-screen talentFilming and on-screen talent

Defining the target Defining the target audienceaudience

Deaf signers with limited proficiency in Deaf signers with limited proficiency in EnglishEnglish

Unable to access ‘Plain English’ versionUnable to access ‘Plain English’ version Assumed fluency in AuslanAssumed fluency in Auslan Fingerspelling kept to a minimumFingerspelling kept to a minimum Unfamiliar terms supported with captionsUnfamiliar terms supported with captions Exclusion of students only exposed to Exclusion of students only exposed to

Signed EnglishSigned English

Legal terminologyLegal terminology

Specific, legal meaning of terminologySpecific, legal meaning of terminology Lack of direct Auslan equivalentsLack of direct Auslan equivalents

‘‘complain’, ‘standard’, ‘harassment’, complain’, ‘standard’, ‘harassment’, ‘victimisation’, ‘measures for compliance’, ‘victimisation’, ‘measures for compliance’, ‘exception’, ‘rights’‘exception’, ‘rights’

Impartial and legalisticImpartial and legalistic Maintain ambiguities from legislationMaintain ambiguities from legislation

Sociolinguistic variationsSociolinguistic variations

Variations in signs occur, similar to variations Variations in signs occur, similar to variations within American, British and Australian English, within American, British and Australian English, and in different accents.and in different accents.

Signing variation:Signing variation: Need to remain ‘linguistically neutral’Need to remain ‘linguistically neutral’ Specific terms: e.g., ‘COURT’, ‘GOVERNMENT’Specific terms: e.g., ‘COURT’, ‘GOVERNMENT’

Generally sign variations are known throughout Generally sign variations are known throughout the Deaf community, but wanted to avoid the Deaf community, but wanted to avoid appearance of reflecting any regional biasappearance of reflecting any regional bias

Drafting and scriptingDrafting and scripting

Read and analyse Plain English textRead and analyse Plain English text Draft Auslan translationDraft Auslan translation

1.1. Glossed using EnglishGlossed using English2.2. Recorded using webcamRecorded using webcam3.3. Repeat steps 1 and 2 as neededRepeat steps 1 and 2 as needed4.4. Gloss copies into PowerPoint (as auto-cue)Gloss copies into PowerPoint (as auto-cue)5.5. Filmed onto digital videoFilmed onto digital video6.6. Edited and compiled onto DVDEdited and compiled onto DVD

Draft sent for review by project managerDraft sent for review by project manager Revisions followed same process aboveRevisions followed same process above

Sample English textSample English text

From From ‘Exceptions’‘Exceptions’::

““Sometimes there are Sometimes there are other lawsother laws that that allow discriminationallow discrimination. These laws can . These laws can sometimes mean an education provider is sometimes mean an education provider is allowed to discriminate. There are not very allowed to discriminate. There are not very many of these laws.many of these laws.””

Sample of glossingSample of glossing

SOMETIMES HAVE OTHER L-A-W SOMETIMES HAVE OTHER L-A-W ALLOW EDUCATION ORGANISATION ALLOW EDUCATION ORGANISATION CAN DISCRIMINATION. BUT L-A-W FEW CAN DISCRIMINATION. BUT L-A-W FEW HAVEHAVE..

Filming and on-screen Filming and on-screen talenttalent

Deaf on-screen talent rather than hearing Deaf on-screen talent rather than hearing translatortranslator

Approached hosts of Sydney-based Deaf TV Approached hosts of Sydney-based Deaf TV programmeprogramme

Draft translation used as auto-cueDraft translation used as auto-cue Minor modifications to translation during filmingMinor modifications to translation during filming Monitor: facial expression, lip patterns, Monitor: facial expression, lip patterns,

placement of signs, articulation of signs, placement of signs, articulation of signs, fingerspelling, cohesiveness, etc.fingerspelling, cohesiveness, etc.

Bringing it all together!Bringing it all together!

Co-ordinating the different contributorsCo-ordinating the different contributors Sticking to the budget and other Sticking to the budget and other

challengeschallenges Meeting the needs of people with Meeting the needs of people with

disabilitydisability Lessons for the futureLessons for the future

Tell us what you think?Tell us what you think?

QUESTIONS?QUESTIONS?

Directions to the websiteDirections to the website Feedback forms.Feedback forms.

Visit the website:Visit the website:

www.ddaedustandards.infowww.ddaedustandards.info

Contact:Contact:

Gary KerridgeGary Kerridge

g.kerridge@ballarat.edu.aug.kerridge@ballarat.edu.au