Disability and Reasonable Adjustments – Employees

Overview

The department is committed to building diverse and inclusive workplaces and developing workplace cultures that are safe and accessible, build respect, foster inclusiveness, promote diversity and embrace the unique skills and qualities of all our employees.

All applicants and employees, including those with disability, must be treated respectfully and equitably in all stages of the employment process including:

• recruitment and selection
• professional development and training
• performance management
• promotion or transfer.

The department understands that there are a range of factors that impact on people’s employment, and for some people with a disability, a workplace reasonable adjustments may be required to assist them at work. Reasonable adjustments are provided in department workplaces where required.

All employees, managers and school leaders should be aware of their rights and responsibilities to ensure that these are upheld. You can learn more about this, the relevant legislation and department policy from the Policy and Guidelines tab.

Disability Action Plan

The department commits to supporting people with a disability to live satisfying everyday lives. The department's Disability Action Plan 2018 to 2021 describes what the department would do over the life of the plan to support the Victorian Government’s vision for an inclusive Victoria, and to ensure that students and employees are supported to reach their potential.

The Disability Action Plan can be found in the Resources tab.

The department is developing its next Disability Action Plan in 2023.

Disability Employment Plan

The department's Disability Employment Plan 2019 to 2022 set out the department's commitment to boosting employment opportunities and career experiences for people with disability. It included a range of actions that set stronger foundations through policy, procedures and processes that removed barriers and ensured increased inclusion across our workplaces.

The Disability Employment Plan 2019 to 2022 can be found in the Resources tab.

The department is developing its next Disability Employment Plan in 2023.

Inclusive workplaces guide

The Inclusive Workplace Guide supports the implementation of the department's Equal Opportunity and Anti-discrimination Policy, bringing together available resources to assist principals/managers and employees to create inclusive and respectful workplaces.

This guide has been developed to assist everyone at department workplaces to support employees with diverse and intersecting identities. It gives practical tips to implement best practice in diversity and inclusion across teams, and to support staff to bring their whole selves to work. Each area of the guide explains what discrimination looks like and actions to foster inclusion. It has a specific section dedicated to building inclusive workplaces for staff with disability. There are also links to further resources and department policies.

The inclusive workplaces guide can be found in the Resources tab.

Personal Emergency Evacuation Plan

A Personal Emergency Evacuation Plan (PEEP) is a tool to assist employees should they wish to complete one. It is a practical measure to ensure appropriate actions are taken for the individual in an emergency, where an employee requires additional or specific assistance to evacuate the building. The customised document provides the framework for the planning and provision of emergency evacuation of a person with a disability requiring assistance. Developing a PEEP is not mandatory and is developed by the employee if they wish.

The plan will outline a specific procedure to be followed in the event of an evacuation and will also state the designated person(s) to assist in the evacuation. The employee will lead the development of the PEEP in consultation with their manager and the Chief or Floor Warden (where applicable). A copy of the PEEP should only be provided to the Warden and the employees buddy/designated person(s) to assist in the evacuation.

The Personal Emergency Evacuation Plan template can be found it the Resources tab.

Related topics

• Accessibility information and resources (staff login required)
• Equal Opportunity
• Expert supports for your health safety and wellbeing
• Flexible Work
• Human Rights Charter
• Inclusive Workplaces
• Privacy and Information Sharing
• Recruitment in Schools
• Respectful Workplaces
• Workplace Contact Officers

Relevant Legislation

• Disability Discrimination Act 1992 (Cth)
• Carers Recognition Action 2012 (Vic)
• Equal Opportunity Act 2010 (Vic)
• Privacy and Data Protection Act 2014 (Vic)
• Health Records Act 2001 (Vic)

Disability and Reasonable Adjustment — Employees in the Workplace Policy

This Policy (last updated February 2023) contains the following chapters:

• Introduction
• What are workplace adjustments?
• Legal considerations
• Implementing Workplace Adjustments
• Personal Emergency Evacuation Plan
• Grievances
• Further support

Introduction

The purpose of this document is to provide guidelines to employees and principals/managers on how to request, apply for and arrange workplace adjustments in corporate and school settings.

The Department of Education and Training (the department) is committed to building diverse and inclusive workplaces and developing workplace cultures that are safe and accessible, build respect, foster inclusiveness, promote diversity and embrace the unique skills and qualities of all our employees.

Employees may require workplace adjustments for many reasons and at different times of their lives. This could be due to work and non-work-related injuries, disability and various health conditions.

What is disability?

There are many different kinds of disability and they can result from accidents, illness or genetic disorders. A disability may affect mobility, ability to learn things, or ability to communicate easily, and some people may have more than one disability. A disability may be visible or hidden, may be permanent or temporary, and may have minimal or substantial impact on a person’s abilities.

The Disability Discrimination Act 1992 (Cth) (DDA) defines disability broadly as:

• total or partial loss of the person's bodily or mental functions; or
• total or partial loss of a part of the body; or
• the presence in the body of organisms causing disease or illness; or
• the presence in the body of organisms capable of causing disease or illness; or
• the malfunction, malformation or disfigurement of a part of the person's body; or
• a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
• a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour

The DDA includes a disability that:

• presently exists; or
• previously existed but no longer exists; or
• may exist in the future (including because of a genetic predisposition to that disability); or
• is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.

Employees with disability are valued members of the departments workforce and often do not require any workplace adjustments, but if they do the department will provide adjustments whenever it is needed, possible and reasonable to do so. When adjustments are needed, the process of identifying the adjustments required and gaining approval for these where reasonable, should be straightforward.

All employees and principals/managers should be aware of their rights and responsibilities to ensure that employees have what they need to work safely, effectively and comply with legislation and department policy.

What are workplace adjustments?

Also referred to as 'reasonable adjustments', a workplace adjustment is a modification to a work process, practice, procedure or setting that enables an employee with disability to perform their job in a way that minimises the impact of barriers they face at work. The particular circumstances of each person need to be considered. Adjustments make the workplace more inclusive by removing barriers.

Adjustments can be administrative, environmental or procedural and could include:

• adjustments to work premises, equipment or facilities
• adjustments to work related communications including making available information in an accessible format
• adjustments to work methods
• adjustments to work arrangements, including in relation to hours of work and use of leave entitlements
• adjustments to methods used for testing, assessment or selection, including in recruitment processes
• adjustments to work related rules or other adjustments to enable a person to comply with rules as they exist
• providing training to co-workers or supervisors.

Under the Disability Discrimination Act 1992 (Cth) and the Equal Opportunity Act 2010 (Vic) the department is obligated to make workplace adjustments to accommodate an individual’s disability, unless that adjustment would result in unjustifiable hardship.

Workplace adjustments allow a person to:

• have equal opportunity in recruitment processes, promotion and ongoing development
• perform the inherent or essential requirements of their job safely in the workplace
• experience equitable terms and conditions of employment
• maximise productivity.

The rights of people with disability are upheld and protected by the Equal Opportunity Act 2010 (Vic). Refer to Section 4 for further information on the legal context.

What is 'reasonable' when making workplace adjustments?

Some examples of reasonable workplace adjustments across the employee lifecycle include:

• offer flexibility in the recruitment process and be prepared to modify or waive some aspects of the recruitment process if there are alternative ways to obtain the required information
• be flexible in the presentation of selection criteria, for instance written versus spoken, and/or provide information in alternative formats such as in electronic format for a candidate with low vision
• accommodate requests for a support person to attend an interview
• allowing a person with disability to have flexibility in their working hours, such as working part-time or starting and finishing later, or working remotely from alternate office settings
• redistributing minor duties (i.e. not inherent requirements of a job) that a person with disability finds difficult to do
• office furniture and equipment such as height-adjustable desks, ergonomic computer hardware
• adaptive software and technologies including speech recognition software for people with vision impairment, an amplified phone for a person with hearing impairment, or a digital recorder for someone who finds it difficult to take written notes due to physical impairment
• providing additional training, mentoring, supervision and support
• providing an Auslan interpreter or live captioning at meetings for an employee with a hearing impairment
• providing agendas in electronic formats for people who find it difficult to manipulate pages.

Requests for workplace adjustments can be made at any time in a recruitment process, or whilst an employee with the department. Refer to Section 4 for further information.

A workplace adjustment is considered reasonable unless it causes “unjustifiable hardship” to the employer or organisation. Limitations on the obligation to provide reasonable adjustments include:

• adjustments which impose an unjustifiable hardship on the employer, i.e. financial cost, an amendment to the physical building that is not possible due to council or other restrictions
• changing the inherent requirements of the job (or maintaining a job that would otherwise be altered or abolished)
• assigning performance of some inherent requirements of the job to another employee
• adjustment that would disadvantage other employees
• creating a new or different job, or
• promotion or transfer to a different job.

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.

Implementing workplace adjustments

It is the responsibility of principals/managers to ensure that workplace adjustments are in place where they are needed to support employees to perform their duties.

Step 1 - Discuss

Employee or principal/manager can initiate the discussion regarding what adjustments are required to meet the employee’s particular situation and their needs. Further advice and support can be explored during the initial stage where some additional information may be required to decide on the most suitable approach. The goal of this discussion is to ensure that everyone is comfortable with, and in agreement with the next steps in the process

In some cases, the initial discussion will provide clarity about what is needed, and the principal/manager and employee can agree on what adjustments, and what steps to take to put these in place. This may include some funding and approvals that can be quickly and easily managed within the school or program area (see following sections on approvals and funding).

Step 2 - Seek advice

In some cases, help from others may be needed. This could be because the job role is new to the employee, or the employee requires time to adjust to their changed abilities and understand more fully what will work best for them. New environments may also make it difficult to predict exactly what is needed until a person commences working in them. Employee Safety, Wellbeing and Inclusion Division can provide support to both principals/managers and employees on the implementation of workplace adjustment.

There are a range of policies, resources and services that may be able to give advice on a workplace adjustment, including but not limited to:

• a flexible work agreement
• an ergonomic assessment (refer to page 11 for more information on ergonomic assessments)
• advice from the department's expert health and safety OHS Advisory Service
• support from the Commonwealth Government through JobAccess
• medical advice from the Medical Advisory Service
• informal advice and support from the employee led Enablers Network

If further advice is needed, the manager must obtain the employee’s permission to seek support from the Workforce Diversity and Inclusion team which may require meeting with the employee directly to clarify specific needs and seek any additional information.

OHS Advisory Service

Employees and managers with OHS queries can access the department's expert health and safety support service. The OHS Advisory Service can provide help with implementing the OHS Management System, reporting or closing hazards or incidents in eduSafe Plus (staff login required), conducting workstation assessments, conducting risk assessments and other OHS issues.

Our OHS Advisory Service now has mental health and wellbeing specialists to assist leadership teams to proactively safeguard wellbeing and respond to wellbeing issues.

Telephone: 1300 074 715

Email: safety@education.vic.gov.au

JobAccess

JobAccess is a Commonwealth Government organisation which provides information and advice to assist with the employment of people with disability. The service is free and can assist with all aspects of disability employment including workplace assessments to determine what changes need to be made, coordination of any work required and financial assistance. JobAccess Advisors can be contacted on 1800 464 800.

Job access can also assist with finding a professional such as an Occupational Therapist to provide an assessment on any of the following:

• Job Task Analysis
• Clinical Psych Assessment
• Workplace/Workstation Assessment
• Activities of Daily Living Assessment
• Vocational/Job Capability Assessment
• Cognitive/Neuro-Psych Assessment
• Fitness for Duties Examination
• Exercise Physiology/Dietician Assessment
• Functional Capacity Evaluation

A workplace modification assessment may assist the principal/manager and the employee to work out what workplace adjustments will best meet the needs of the employee. The assessment is undertaken by a qualified professional. The Assessor will look at the workplace and any barriers that may exist; and talk with the employee and to their principals/managers to find solutions to make their workplace more flexible, accessible and suitable to their requirements.

The workplace modification assessment will usually result in the preparation of a report which may include one or more recommendations. JobAccess will work with principals/managers to implement the recommendations and arrange for Commonwealth funding to reimburse the costs of the modifications in most cases.

Step 3 - Make a plan

At this stage the principal/manager and employee make a plan, outlining the type of adjustment(s) they need to enable them to undertake the inherent requirements of the job safely and effectively. People Services consultants, Return to Work Coordinators (if applicable), and/or the DET Enablers Network can assist with the development of a plan. You can also contact the Workforce Diversity and Inclusion team.

Step 4 - Get approval (if required) and Implement

A decision to approve (or not) the workplace adjustment must be made within 21 days of the request. If denied, an explanation is to be provided in writing to the requesting employee. Some approvals will require the delegated authority to approve, for example if a flexible work arrangement or requiring financial approvals.

In most cases workplace adjustments have minimal or no cost. The most common type of adjustment is flexible work arrangements that allows a person to manage their health and be productive and happy employees. Where an adjustment does have a cost involved, the cost is usually small, and as such schools and program areas should consider if they can fund this from their internal budgets. Where this is not possible there are a number of options:

• The individual or the principal/manager can apply for financial assistance from the Commonwealth Government’s Employment Assistance Fund, which has been established to provide financial assistant to undertake workplace modifications, purchase equipment and provide other support and services where required. Some eligibility criteria apply.
• Schools seeking funding for reasonable adjustments (which cannot be met by the school’s budget) should write to the Regional Director outlining a case for financial assistance. This request must be supported by appropriate documentation from the professional who performed the workplace assessment and any quotations.
• Corporate office managers seeking funding for reasonable adjustments should seek assistance from their Executive Director or Regional Director and if necessary, the relevant Deputy Secretary. This request must be supported by appropriate documentation from the professional who performed the workplace assessment and any quotations.

Request for change of hours

Where an adjustment includes a change of hours or working remotely a Flexible Work agreement may be required. This requires approval from the appropriate delegate.

Where an adjustment includes a change in fraction (e.g. 0.8), see Part time employment for guidance.

Step 5 - Review

The workplace adjustment once fully implemented should be reviewed regularly and/or when things change. For example, a change in the nature of the disability, a change in work duties, a change in work location and/or health.

Feedback may be requested on effectiveness of adjustment, for example, at the end of a trial period. One way to do this is to embed conversations with the person at regular catch up meetings. These are good opportunities to ask how the arrangements are working and to check in to see if requirements have changed and any workplace adjustments should be modified.

Workplace adjustments across the employee lifecycle

The employee lifecycle refers to the natural stages an employee goes through during their time at the department. The employee lifecycle is a continuous cycle, with engagement at each stage influencing the next.

Resources are available to support both principals/managers and employees to implement workplace adjustments across the employee lifecycle.

Recruitment and Selection

Workplace adjustment during the recruitment phase ensures that all applicants have a fair chance to demonstrate they have the skills required for the position. Not every applicant needs to be assessed in an identical manner. This provides flexibility when assessing applicants with a disability. All applicants should be encouraged to ask if they require any workplace adjustments through the recruitment process.

When reading the applicable Recruitment Guide, hiring principals/managers should understand the balancing of substantive equality and merit, that is, equal treatment does not achieve equity for applicants with disability.

The onus is on the panel chair to ask any applicant if any workplace adjustments are required, such as an accessible room or parking for an applicant in a wheelchair. For applicants with disability, hiring principal/managers and panel members should consider what information is appropriate for the situation. It is best practice for the panel chair to take an active approach and not to assume that a person’s health information will be offered voluntarily.

Available resources:

• Recruitment in Schools
• Inclusive Recruitment eLearn
• Principal Selection
• Best Practice Guide: Recruitment and Selection (tips on inclusive recruitment)
• Recruiting People with Disability (VPSC)
• Recruiting People with Disability (JobAccess)

Induction and On-Boarding

Where disability information has been shared at the recruitment stage, all effort should be taken to determine any workplace adjustments and where possible that these are arranged to be in place prior to commencement.

Performance and career development

The department is committed to developing capabilities of all its employees. Tools and resources are available to support principals/managers and employees to support every career journey.

Workplace adjustment should be considered when required to enable employee performance and career development. For example, how a Performance and Development Plan (PDP) is approached, its timing, and what is considered suitable progression.

Retention

Promoting a healthy work-life balance will help to retain skilled employees and boost productivity. Flexible work arrangements can be an example of workplace adjustments. Flexible work requests may include arrangements around working time, work organisation or the work environment. A change to work arrangements may occur just once or be ongoing (for a fixed or indefinite time).

The department promotes a safe, inclusive and respectful workplace free form discrimination and harassment. Please refer to the Inclusive Workplaces Guide for resources to assist principals/managers and employees to create inclusive and respectful workplaces.

Personal Emergency Evacuation Plan

The latest Australian Standards for Planning for Emergencies in Facilities recommends that occupants requiring assistance to evacuate in an emergency should have a Personal Emergency Evacuation Plan (PEEP).

A PEEP is a tool to assist employees should they wish to complete one. It is a practical measure to ensure appropriate actions are taken for the individual in an emergency, where an employee requires additional or specific assistance to evacuate the building. The customised document provides the framework for the planning and provision of emergency evacuation of a person with a disability requiring assistance. Developing a PEEP is not mandatory and is developed by the employee if they wish.

The plan will outline a specific procedure to be followed in the event of an evacuation and will also state the designated person(s) to assist in the evacuation. The employee will lead the development of the PEEP in consultation with their and the manager and in consultation with the Chief or Floor Warden (where applicable), will prepare the PEEP. A copy of the PEEP should only be provided to the Warden and the employees buddy/designated person(s) to assist in the evacuation.

For more information, see: Employee personal emergency evacuation plan template

Grievances

Where an applicant or employee considers they have been treated unfairly or unreasonably in any matter related to their employment, they have access to review, grievance or dispute resolution processes to seek to resolve the issue.

For information about this process including the steps to be undertaken and avenues of appeal see Complaints or Grievances.

Workplace Contact officers can also be contacted for a confidential discussion.

While the department encourages its employees to use the internal complaints processes to resolve any complaints, employees may also lodge a complaints with external bodies such as the Merit Protection Boards, Victorian Human Rights Commission and the Australian Human Rights Commission.

Resources

• Enablers Network: The Enablers Network provides peer-support to department employees with lived experience of disability, impairment, and long-term health conditions
• Disability Employment Plan (WORD)
• Disability Employment Plan (PDF)
• Inclusive Workplaces Guide
• Personal Emergency Evacuation Plan template

Workforce Diversity and Inclusion team provides advice and support on the workplace adjustment guidelines and implementation: diversity@education.vic.gov.au

Useful links

• Australian Network on Disability: Workplace Adjustments
• Disability Action Plan 2018 to 2021
• Victorian Equal Opportunity and Human Rights Commission
• Australian Human Rights Commission
• JobAccess – driving disability employment
• Inclusive Victoria: state disability plan (2022–2026)
• Getting to work: Victorian public sector disability employment action plan 2018 to 2025
• Workforce Diversity and Inclusion Collaboration intranet page