Disability and Reasonable Adjustments – Staff

Legal protections

Federal and state anti-discrimination legislation covers all department staff (including contractors), volunteers and candidates applying for a job.

Federal and state anti-discrimination 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
• 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.