EMPLOYMENT PROCEDURE
Title:
Reasonable Adjustment
Reference:
Clause C6 and D
Clauses C6 and D of the Department of Infrastructure and Transport Enterprise Agreement 2011-2014
(Enterprise Agreement) contains the Department’s conditions that apply to Reasonable Adjustment.
PURPOSE
1. This Employment Procedure is to provide:

Information for supervisors and employees of the principle of reasonable adjustment; and

To ensure that this principle is applied as part of the Departments’ employment arrangements.
2. The Department will apply the principle of reasonable adjustment to remove barriers and to
facilitate full participation in all aspects of employment by staff with a disability. Reasonable
adjustment is any form of assistance or adjustment that is necessary, possible and reasonable to
make the working arrangements, work methods, equipment or the work environment accessible to
a person with disability to enable them to work effectively and enjoy equal opportunity with
others. Requests for reasonable adjustments will be managed in a timely, sensitive and
confidential way, taking into consideration relevant Work Health and Safety (WHS) requirements
and the principle of unjustifiable hardship.
3. This procedure applies to, but is not limited to, the following areas:

Employment arrangements and recruitment including selection, appointment, promotion and
transfer;

Induction and orientation;

Learning and development and career management;

Performance management;

Participation in projects and committees; and

Department supported events, social and/or recreational activities.
4. This procedure applies to all departmental employees including ongoing, non-ongoing and casual
employees (both full time and part time) as well as job applicants.
Requesting and Implementing Reasonable Adjustments
5. Employees should in the first instance, discuss their need for reasonable adjustments with their
supervisor. If only a minor adjustment is required, the supervisor is able to arrange for action to
be taken in consultation with the employee.
6. If further assistance is required, the supervisor should contact the Work Health and Safety
Manager on DOITWHS@infrastructure.gov.au for advice and assistance in assessing the need for
and implementing reasonable adjustments.
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Reasonable Adjustment
Financial responsibility
7. Responsibility for meeting the cost of workplace modifications and adjustments will be met by
Corporate Services Division. This includes:

Reasonable workplace adjustment or modification relating to accommodation matters including
accessibility;

Reasonable workplace adjustment or modification involving the provision of personal
equipment to support the employee (e.g. chairs, lights etc.); and

Reasonable workplace modification or adjustment involving the provision of assistive
technology. This will also include the cost of training to use the required equipment.
8. Costs associated with the assessment of need will also be met by the Corporate Services Division.
Assessment of need may include an independent medical assessment or an assessment
undertaken by a specialised health provider and will be arranged by People and Performance
Branch.
Legal Framework
9. The Disability Discrimination Act 1992 (Cth), Public Service Act 1999 (Cth), National Disability
Strategy 2010-2020, and relevant state and territory legislation makes it unlawful to discriminate in
the provision of employment, services or facilities against people on the basis they have, or may
have, disability.
10. Subsection 6 (2) of the Disability Discrimination Act 1992 (Cth) requires the removal of
unreasonable requirements which disadvantage people with disability. Any adjustments or
alterations which enable a person to do the job must be made unless this imposes ‘unjustifiable
hardship’.
11. The Fair Work Act 2009 (Cth) outlaws any adverse action on a discriminatory ground, including
disability. The definition of adverse action includes but is not limited to:

terminating an employee;

injuring an employee in his/her employment;

altering the position of the employee to the employee’s prejudice;

discriminating between the employee and other employees of the employer;

refusing to employ a prospective employee; and

discriminating against the prospective employee in the terms or conditions on which the
employer offers to employ them.
12. The discrimination provisions do not apply if an employee, because of the limitations of their
disability, is unable to comply with inherent requirements of the job. For example, if one of the
inherent requirements of position is to lift 10kg boxes (which are unable to be divided into smaller
or lighter components), and an employee or potential employee is physically unable to lift this
weight, the discrimination provisions do not apply.
Confidentiality
13. Consistent with the APS Code of Conduct, APS Values, APS Employment Principles and the Privacy
Act 1988 (Cth), the individual(s) responsible for processing a request for an adjustment or
implementing an adjustment will respect the privacy of the applicant or employee. Information
about the applicant or employee’s illness, injury or disability will only be disclosed to a third party
with the consent of the applicant or employee.
14. Implementation of an adjustment will necessitate the applicant or employee to provide information
about the likely impact (if any) of their disability or condition on their work performance to their
supervisor.
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ROLES AND RESPONSIBILITIES
Supervisor Responsibilities
15. Undertake confidential discussion on individual reasonable adjustment needs and application of the
reasonable adjustment procedure to identify an approach where possible;
16. Work with the Work Health and Safety team and the employee to develop and implement fair and
equitable reasonable adjustment solutions;
17. Promote a work environment that is free from discrimination;
18. Focus on an employee’s ability (rather than their disability) when reviewing or developing the
duties/responsibilities of a role; and
19. Ensure that information regarding an employee’s reasonable adjustments is secure and
confidentiality is maintained.
Employee Responsibilities
20. Inform the supervisor and the Assistant Director, Work Health and Safety that reasonable
adjustment assistance is needed as early as possible;
21. Provide information from medical and/or health providers in relation to the required adjustments;
and
22. Work collaboratively with the supervisor and the Assistant Director, Work Health and Safety in
seeking and developing reasonable adjustment solutions.
Recruitment Team Responsibilities
23. Ensure that during the application process, applicants are given the opportunity to request
reasonable adjustment to attend interviews and selection activities; and
24. Consult with the Work Health and Safety Manager when implementing reasonable adjustments for
applicants.
Work Health and Safety team Responsibilities
25. Maintain and implement the Reasonable Adjustment Employment Procedure;
26. Provide advice and support to supervisors and employees in relation to reasonable adjustment;
27. Ensure that information about reasonable adjustment is readily available to supervisors and
employees;
28. Examine and address physical and organisational barriers that may unreasonably prevent
employment or employment opportunities for people with a disability;
29. Ensure that information regarding an employee’s reasonable adjustments is secure and
confidentiality is maintained; and
30. Ensure that the reasonable adjustment procedure is brought to the attention of the Departmental
employees throughout the engagement and induction process.
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Reasonable Adjustment
DEFINITIONS
Reasonable Adjustment: Is any form of assistance or adjustment that is necessary, possible and
reasonable to working arrangements, work methods, equipment or the work environment to reduce or
eliminate the effects of disability. Reasonable adjustment enables staff with disability to perform
efficiently and effectively in the workplace and to compete on their merits for recruitment and career
advancement opportunities. Reasonable adjustment can include but is not limited to:

provision of appropriate equipment or assistance to ensure there is no barrier in the selection
process;

job redesign;

training or retraining;

flexible work arrangements;

accessible information and systems;

provision of assistive technology software;

modifications to equipment or the supply of specialised equipment, furniture or work related
aids; or

alterations to premises or work areas.
Disability: This procedure adopts the broad definition of disability used in the Disability Discrimination
Act 1992
Disclosure: There is no legal obligation for an employee to disclose their disability, unless it is likely
to affect their ability to meet the inherent requirements of the job (including ensuring the safety of
themselves and others).
Inherent Requirements: are the essential activities/tasks/results that must be achieved in order to
get a job done.
Unjustifiable Hardship: Employers are obligated to provide reasonable adjustments unless such an
adjustment would result in unjustifiable hardship to the employer. What constitutes unjustifiable
hardship depends on the circumstances and is determined on a case-by-case basis. However,
unjustifiable hardship is generally determined by considering:

the cost of the adjustment required in light of the organisation’s financial situation; and

the extent to which the adjustment will result in substantial benefits or detriments to other
employees, including those who do not have disability.
Reasonable: is defined by whether or not the adjustment would create ‘unjustifiable hardship’ to the
whole organisation; it is never defined by any individual’s opinion of what is reasonable.
RELATED EMPLOYMENT PROCEDURES AND PUBLICATIONS
This Employment Procedure should be read with the following:
WHS Policy;
Disability Workforce Action Plan;
Workforce Diversity and Equity Strategy 2010-2015;
Fair Work Act 2009 (Cth);
The Disability Discrimination Act 1992 (Cth);
Public Service Act 1999 (Cth);
National Disability Strategy 2010-2020; and
Department of Infrastructure and Transport Enterprise Agreement 2011-2014
Author:
People and Performance Branch
Authorised by: Secretary
Date: 2 July 2013
Date: 2 July 2013
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