Submission on the Need for Enhanced Reasonable Adjustments and
Systemic Reforms in Higher Education for People with Disabilities
To Whom It May Concern,
This submission highlights systemic barriers that continue to disadvantage people with disabilities, particularly neurodivergent individuals, in higher education. In accordance with the Disability Discrimination Act 1992 (Cth), the Convention on the Rights of Persons with Disabilities (CRPD), and principles of equal access and inclusion, I urge Australian universities and regulatory bodies to adopt a stronger, more enforceable framework for reasonable adjustments and anti-discrimination enforcement in academia.
Waiving Application Requirements for PhD Candidates with Disabilities
One critical barrier to equitable access in postgraduate education is the requirement for letters of recommendation as part of PhD applications. Students with disabilities, particularly those who are neurodivergent, often face social exclusion, disrupted academic trajectories, or difficulty in developing close academic networks that typically facilitate such references. As such, this requirement disproportionately disadvantages them and should be reconsidered as part of a reasonable adjustment. Universities must be required to:
-
Provide alternative evidence of academic merit, such as portfolios, publications, or personal statements.
-
Accept AI-generated or self-reflective evaluations as partial substitutes for letters of recommendation, particularly where systemic exclusion has prevented equal opportunity to gain endorsements.
Normalising Assistive Technology and AI as Reasonable Adjustments
AI technologies offer transformative potential for supporting students with disabilities, including those with cognitive or psychological impairments. However, there is no legislative mandate compelling institutions to integrate such tools as part of disability inclusion strategies. It is essential that:
- The use of AI (e.g., as writing or planning support) be formally recognised as a reasonable adjustment.
-
Legislation be amended to require all tertiary institutions under the CRPD obligations to accept non-traditional materials as part of admissions and graduation pathways.
-
Universities provide ongoing access to assistive technologies, not just at entry points but throughout the student and employment journey.
Sustained and Funded Adjustments Throughout the Academic Journey
Reasonable adjustments must not be one-off or tokenistic. Students and academics with disabilities must be supported throughout their academic careers, including through:
-
Flexible leave policies (e.g., for trauma, domestic violence, or grief-related mental health impacts).
-
Non-punitive responses to mental health distress, especially during PhD candidature — distress should never be grounds for termination.
-
Funded support for disability-related research and for PhD students with disabilities, including dedicated scholarships and targeted research funding.
Stronger Positive Duties for Universities and Research Institutions
Universities must go beyond compliance and adopt positive duties to eliminate discrimination and promote inclusion. This includes:
-
Mandated representation targets, such as dedicating at least 20% of research funding to disability-related work, and ensuring funding is distributed to researchers with lived experience of disability.
-
Preferential hiring, admissions, and promotion policies for people with disabilities — including academic staff.
-
Mandating inclusive policy co-design, with continuous feedback loops involving disabled students and staff.
Reducing Bureaucratic and Psychological Barriers
Many current university processes are inaccessible by design. Procedural and bureaucratic burdens placed on people with disabilities — such as repeated documentation requests, complex adjustment procedures, or high-stress appeals processes — must be urgently reviewed. I recommend:
- A mandatory duty on universities to proactively reduce procedural burden.
- Transparent, trauma-informed, and low-barrier mechanisms for students to seek support or raise grievances.
Specialised Units for Disability-Related Legal and Safety Matters
In instances involving domestic violence, emotional vulnerability, or psychological breakdowns, the response must be one of care, not criminalisation. Law enforcement and university security should defer such matters to specialised disability and trauma-informed units trained in managing complex cases of vulnerability without punitive measures.
Enforcement and Accountability
Current anti-discrimination mechanisms lack enforcement. The Australian Human Rights Commission (AHRC) must be empowered to:
-
Issue subpoenas, initiate court proceedings, and enforce rulings—much like the Fair Work Ombudsman does in employment matters.
-
Publicly hold institutions accountable for systemic violations of disability rights and failure to provide adequate adjustments.
Without strong legislative backing, funding commitments, and accountability structures, the rights of people with disabilities in higher education will continue to be unmet. I urgently call for legislative reform to embed positive duties, ongoing reasonable adjustments, and affirmative action frameworks in Australia’s higher education and research systems.
Only through proactive, systemic change can we move beyond tokenistic inclusion and towards genuine equity.