(1) This Procedure is effective from 24 May 2023. (2) The University values diversity, embraces difference, respect, and welcomes all. The University is committed to providing an accessible and inclusive workplace to enable people with temporary or permanent disability or medical conditions to safely perform in all aspects of employment. Workplace adjustments remove barriers so that skilled individuals with disability or a medical condition can perform the inherent requirements of their position. (3) This procedure details the process for staff and prospective staff to request and implement workplace adjustments to accommodate a disability or medical condition. (4) This procedure applies to all staff and prospective University staff. (5) This procedure is pursuant to the Diversity, Equity and Inclusion policy. (6) Workplace adjustments are changes to a work environment that allow individuals with disability or a medical condition to work productively and safely. A disability is defined under the Disability Discrimination Act 1992 and may be temporary or permanent, total or partial, lifelong or acquired. (7) It is unlawful to discriminate on the basis of disability under the Disability Discrimination Act 1992 and Equal Opportunity Act 2010 (Vic). To comply with its obligations to provide reasonable adjustments under law, the University is committed to making workplace adjustments. (8) Workplace adjustments enable current or prospective staff with disability or a medical condition to: (9) Workplace adjustments may be temporary or permanent. Examples of workplace adjustments include, but are not limited to: (10) To request a workplace adjustment, individuals will be required to disclose a disability or medical condition. This will enable the University to determine how to support each individual to safely perform the inherent requirements of their position. Individuals may also be required to provide supporting medical evidence to support a request. Information related to an individual’s disability or medical condition will be treated in accordance with the University’s Privacy policy and the Health Records Act 2001 (Vic). (11) Prospective staff and visitors may contact Diversity, Equity and Inclusion to request appropriate adjustments commensurate with the activity they are undertaking at the University. (12) An individual may disclose whether they have a disability or medical condition when they are applying for a position at the University. (13) To ensure that all candidates have equal opportunity in the recruitment process, all prospective staff members can request a workplace adjustment to participate in the selection process. (14) During the online application process, individuals will be advised of the opportunity to discuss any required workplace adjustments with a member of Deakin’s Recruitment Team at the time of receiving an invitation to attend an interview. This may include adjustments required to participate in the interview and selection process. There is no requirement to share the details of the disability or medical condition. (15) An individual may disclose whether they have a disability or medical condition when they receive a contract of employment by the University. This will enable the University to provide effective and early support. A member of the Recruitment Team will contact the individual to discuss whether any support or adjustments are required in the first instance. (16) Existing staff who acquire a disability or develop a medical condition during the course of their employment are encouraged to speak with their leader about their requirements. After having an initial discussion with their leader about requesting a workplace adjustment, the staff member’s leader should contact People Solutions (Wellbeing) for further advice and assistance. Alternatively, staff may prefer to seek advice or discuss workplace adjustment with a People Solutions Consultant (Wellbeing). (17) A leader may also request the assistance or advice of a People Solutions Consultant (Wellbeing) to provide supports and workplace adjustments for any staff members returning to work following a long term or complex illness or injury. (18) The People Solutions Consultant (Wellbeing) will work with the staff member and their leader to identify what workplace adjustments can be made and to ensure these adjustments are documented in a Workplace Adjustment Plan. (19) At any point in the development of a Workplace Adjustment Plan, the staff member and/or the People Solutions Consultant (Wellbeing) may seek support from other internal or external stakeholders, for example the relevant Senior People and Culture Partner, Coordinator of Disability Inclusion, Diversity, Equity and Inclusion, a health provider, or a disability service provider. Where confidential information is being discussed with internal or external parties, the staff member’s consent will be obtained. (20) There is no requirement on staff to disclose their disability or medical condition to the University, however, if such information is not disclosed, workplace adjustments may not be able to be accommodated. (21) When assessing workplace adjustments, the People Solutions Consultant (Wellbeing) and the staff member’s leader will make the adjustments to accommodate a staff member’s disability or medical condition, unless the adjustment would result in unjustifiable hardship. (22) To determine whether the adjustment would result in unjustifiable hardship, the People Solutions Consultant (Wellbeing) and the staff member’s leader will consider: (23) The People Solutions Consultant (Wellbeing) and the staff member’s leader will consult with the staff member during the assessment process. If the request is denied based on unjustifiable hardship, the reasons for this decision will be provided to the staff member in writing. (24) Once the workplace adjustment has been reviewed and approved by the People Solutions Consultant (Wellbeing) and the staff member’s leader, it is the responsibility of the leader to ensure that the agreed adjustments are implemented within a reasonable period. (25) The time frame for implementing workplace adjustments will vary depending on individual circumstances and the type of workplace adjustment. The leader will make details of expected timelines available to the staff member requiring adjustment within the following timeframes: (26) Costs for workplace adjustments are covered by the relevant area in which the staff member is employed. The Australian Government’s Employee Assistance Fund (EAF) may also provide assistance to help meet the cost of modifications. The EAF may also assist with a free workplace assessment to help the People Solutions Consultant (Wellbeing) work out what modifications or equipment will best meet the staff member’s needs. (See Australian Government Employment Assistance Fund website) The People Solutions Consultant (Wellbeing) and the leader can assist the staff member in this process if required. (27) The staff member and their leader should agree on review dates for any workplace adjustment to ensure that the adjustment has been appropriate and effective. Adjustments should be reviewed as required to ensure the adjustment continues to be successful in enabling the staff member to work safely and productively. (28) Where the adjustments involve reduced hours for a temporary period, the People Solutions Consultant (Wellbeing) will work together with the staff member and their leader to ensure that the duties and hours are consistent with capacity for work, and that hours are gradually increased in accordance with supporting medical advice. (29) Staff members are responsible for keeping their leader and the People Solutions Consultant (Wellbeing) updated with any relevant changes in their disability or medical condition. (30) For the purpose of this Procedure:Workplace Adjustments procedure
Section 1 - Preamble
Section 2 - Purpose
Section 3 - Scope
Section 4 - Policy
Section 5 - Procedure
Workplace Adjustments
Requesting a workplace adjustment
Recruitment
During employment
Assessing and determining workplace adjustments
Implementing workplace adjustments
Monitoring adjustments and ongoing support
Section 6 - Definitions
Limitations on the obligation to provide reasonable adjustments include:
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a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour;
and includes disability that: