Disability and Reasonable Adjustments – Employees

Sharing of disability information (Disclosure)

There are many reasons why a person may or may not choose to share information about their disability and access requirements. Legally, a person with disability is not obligated to share information about their disability unless:

• an adjustment is required to complete the main tasks of their job
• there is a risk to workplace safety.

Any information shared should be treated as private and confidential, and is applicable in accordance with the Information and Health Privacy Principles contained within the Privacy and Data Protection Act 2014 (Vic) and theHealth Records Act 2001 (Vic).

Legal protections

Equal opportunity legislation covers all department employees (including contractors), volunteers and candidates applying for a job.

Equal opportunity legislation contains a positive duty which requires employers to make workplace adjustments for employees and prospective employees with disability (subject to the exceptions outlined below).

There are certain circumstances where discrimination is not unlawful under the Disability Discrimination Act 1992 (Cth) and Equal Opportunity Act 2010 (Vic). These include:

• where an unjustifiable hardship would be imposed by the provision of special services or facilities which are necessary for the person with the disability to do the work;
• where the person, because of their disability, would be unable to carry out the inherent requirements of the role, even with the provision of workplace adjustments by an employer; and
• general exceptions such as if the discrimination is necessary to protect the health or safety of any person or property, or where the discrimination is authorised by another piece of legislation.