For graduates with disability, employment & career
service providers and employers
Information sheet 6: What are inherent
requirements? How do they relate to
graduate employment?
This information sheet provides some useful explanations of the term ‘inherent
requirements’, examples of what these might be, and provides details of how
inherent requirements could be determined.
For more information see the website Education to Employment Package at
www.uws.edu.au/ndco/employment.
This information should be considered a guide only and not legal advice.
What does inherent requirements of a job mean?
 Inherent requirements are the essential activities of the job: the core
duties that must be carried out in order to fulfill the purpose of a position.
They do not refer to all of the requirements of a job, but rather contrast
with peripheral or non-essential tasks, which may be negotiable and
flexible. Inherent requirements relate to results, or what must be
accomplished, rather than means, or how it is accomplished.
 The inherent requirements of a job are:

the fundamental tasks that define a job or category of jobs and
that must be carried out in order to get the job done

not all of the requirements of a job

about achieving results rather than the means for achieving a
result.
Reference: Equal Opportunity in the NSW Public Sector website of Department of Premier and
Cabinet, www.eeo.nsw.gov.au (as cited on 31 October 2008).
 In the Australian Human Rights Commission’s view, inherent
requirements need to be determined in the circumstances of each job.
Only the inherent requirements of a job should be considered in
determining a person's ability to do the job. They may include the ability
to perform the tasks or functions which are a necessary part of the job
and to work safely. A person who cannot work safely does not meet the
inherent requirements of the job. Inherent requirements may include:
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
the ability to perform the tasks or functions which are a necessary
part of the job

productivity and quality requirements

the ability to work effectively in the team or other type of work
organisation concerned

the ability to work safely.
Reference: Australian Human Rights Commission website, www.humanrights.gov.au as cited
on 4 June 2010.
 If a person with disability can perform the core activities or ‘inherent
requirements’ of a job, then that person should have the same
opportunity to do the job as anyone else.
Reference: Australian Employer’s Network on Disability’s Manager’s Guide: Disability in the
Workplace (not dated)
What are examples of inherent requirements in graduate
employment?
This table helps to illustrate example job duties which are and are not inherent
requirements:
Not an inherent
requirement:
An example of inherent requirement:
Ability to type 50 words
per minute
The ability to produce professional standard
reports within a set timeframe
A person with dexterity impairment could use
speech recognition software to produce reports
without typing on a keyboard.
Own transport
Extensive travel required
A person with disability who does not drive could
use public transport or taxis.
Heavy lifting
Ability to move large pieces of equipment
A person with disability could use adaptive
equipment to move heavy objects without
physically lifting them.
Good telephone
speaking manner
Ability to communicate effectively with
customers
A person who is deaf and does not speak could
use email, instant messaging or TTY to
communicate effectively with customers.
Reference: Australian Employer’s Network on Disability’s ‘Manager’s Guide: Disability in the
Workplace’.
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How should an employer work out the inherent requirements of
a position?
 As indicated by the former Human Right and Equal Opportunity
Commission's (now the Australian Human Rights Commission) decision
in Woodhouse v Wood Coffill Funerals
(www.austlii.edu.au/au/cases/cth/HREOCA/1998/12.html) relevant
factors may include (not in any particular order):

the essential tasks required in practice by an employer. A duty
from a job description that is not actually performed in the ‘real life’
of a job may be found to not be an inherent requirement;

duties which are not ordinarily performed on a day-to-day basis
but could be necessary in emergencies or peak periods;

the essential outcome of a duty, rather than the way a duty is
performed;

the particular circumstances of a job could determine that some
tasks are essential, even though in the same job but different
circumstance the task is not essential (or vice versa);

applicable Awards or agreements (including competency
standards) could (but not conclusively) determine that a specific
task is essential;

any terms of a written duty statement may be considered an
inherent requirement, although it still needs to be demonstrated
that the task is essential and required in practice; and/or

any mandatory requirements of the employer by other laws.
Reference: Australian Human Rights Commission website, www.humanrights.gov.au as cited
on 4 June 2010.
What about workplace health and safety? Is the ability to
perform the job healthily and safely an inherent requirement?
 Yes, it is an inherent requirement to be able to perform the core activities
of a job in a way that meets Work, Health and Safety (WHS)
requirements. However, the employer is obliged to be able to
demonstrate a thorough process was undertaken to objectively and
reliably assess whether there are any reasonable workplace adjustments
possible to allow the employee to work safely.
What about registration or licence requirements? Do the
relevant bodies consider whether the graduate’s disability
affects their capacity to perform inherent requirements?
 Some professional registration or licensing bodies will require the
applicant to report whether they have any disability or medical condition.
These agencies will use the information provided by the applicant to
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determine whether they are able to practice in the field to the standards
required.
 Some registration or licensing bodies may apply a restriction on the area
of practice that the graduate may work in based on information about
their disability.
 Registration and licensing agencies are subject to the same antidiscrimination legislation as employers. Therefore, they are obliged to
only use the measure of inherent requirements and the consideration of
reasonable adjustments.
How could an understanding of the concept of inherent
requirements affect my practices as an employment or career
service practitioner?
The following are suggestions on how employment and career service
practitioners could use a general understanding of inherent requirements to
provide better quality support to students and graduates with disability:
 Encourage students and graduates with disability to consider early in
their transition planning the general tasks involved in an industry and
whether their disability would be likely to affect their capacity to meet the
anticipated inherent requirements.
 Facilitate the student or graduate to talk directly with a professional
already working in their field about activities that would be considered
core and not.
 As part of the student or graduate’s career planning, encourage them to
think about whether they will require any workplace adjustments to meet
the anticipated inherent requirements and, if so what these may be (see
information sheet #7 on workplace adjustments).
 If appropriate, consult with the university or TAFE’s disability service to
find out whether any particular adjustments had been made during any
practical, field or clinical placements when the student was completing
the course.
 Keep in mind that the person with disability has the right to reasonable
workplace adjustments to help them effectively meet the inherent
requirements and that a huge range of adjustments are now possible due
to technological advances.
 Recommend that the student or graduate investigate as early as possible
any registration or licensing requirements and any affect their disability
may have in being registered or licensed.
 Remember registration and licensing bodies are also subject to antidiscrimination obligations and can only exclude a person because of their
disability where they can demonstrate the person is unable to meet
inherent requirements even with reasonable adjustments.
 Incorporate into the student’s career and/or employment seeking plan
consideration of likely inherent requirements; and the critical concern of
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whether they need or wish to disclose their disability (see information
sheet #8 on disability disclosure). This includes considering when to
disclose, how to disclose, and who to disclose to.
 Support the graduate to predict any employer concerns, prior to applying
for any graduate programs or employment, about them being unable to
perform the job. Help them develop constructive ways to address the
potential fears of graduate employers.
References
Australian Human Rights Commission website at www.humanrights.gov.au as cited on 4 June 2010.
Diversity at Work website at www.diversityatwork.com.au as cited on 31 October 2008.
‘Business Benefits of Employing People with Disabilities Fact Sheet’ by Australian Network on Disability as
cited on website at www.and.com.au as cited on 30 May 2010
Department of Education, Employment and Workplace Relations’ Job Access website
www.jobaccess.gov.au as cited on 4 June 2010
‘Manager’s Guide to Disability in the Workplace’ by Australian Employers Network on Disability' (now
known as Australian Network on Disability), undated.
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