Section 165 (2) of the Education (General Provisions) Act 2006 requires that the Minister approve a policy about the criteria to be considered in deciding whether a person is a person with a disability.
That Minister's policy is the same definition outlined in Section 4 of the Disability Discrimination Act 1992 (DDA) and then adopted as part of the Disability Discrimination Standards (Education) that became law in 2005 as subordinate legislation.
All Queensland education providers, state and non state, are required to adhere to the Disability Discrimination Standards (Education). The primary purpose of the Disability Standards for Education (2005) is to clarify, and make more explicit, the obligations of education and training service providers under the DDA and the rights of people with disabilities in relation to education and training.
The Education Standards deal with enrolment, participation, curriculum development, accreditation, delivery and student support services. The standards also require providers to develop and implement strategies and programs to prevent harassment and victimisation.
Given that all schools in Queensland are required to comply with this definition for the enrolment of students and the provision of education services then this definition is adopted as the Minister's approved policy about the criteria to be considered whether a person is a person with a disability.
DISABILITY DISCRIMINATION ACT 1992
Disability Standards for Education 2005
disability, in relation to a person, means:
1. total or partial loss of the person's bodily or mental functions; or
2. total or partial loss of a part of the body; or
3. the presence in the body of organisms causing disease or illness; or
4. the presence in the body of organisms capable of causing disease or illness; or
5. the malfunction, malformation or disfigurement of a part of the person's body; or
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
7. a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;
and includes a disability that:
8. presently exists; or
9. previously existed but no longer exists; or
10. may exist in the future; or
11. is imputed to a person.
educational authority means a body or person administering an educational institution.
educational institution means a school, college, university or other institution at which education or training is provided.
For these Standards, an education provideris:
(a) an educational authority; or
(b) an educational institution; or
(c) an organisation whose purpose is to develop or accredit curricula or training courses used by other education providers.
prospective student, for an educational institution, means a person who approaches the institution about seeking admission to, or applying for enrolment in, the institution.
student means a person enrolled in an educational institution.
Disability Discrimination Act 1992 
Disability Standards for Education 2005 (new window) 
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© The State of Queensland (Department of Education, Training and Employment) 2006.