Workplace adjustments procedure
Direction and guidance on processes and resources in place to request, implement and review workplace adjustments.
Audience
All department staff and prospective employees.
| Version | Date | Description of changes | Approved by |
|---|---|---|---|
| V01.0.1 | 04/11/2024 | Updated to align language with the Public Service Commission Code of Ethics and Conduct. | Acting Director, Culture, Diversity and Talent |
| V01.0.0 | 05/09/2024 | Under the 2023 Policy and procedure review program, new policy document consolidating existing instructions and improving clarity and readability. |
Chief People Officer |
| Ongoing union consultation is occurring and amendments may be made from time to time. |
About the policy
Under the Our culture policy the department is committed to creating open, supportive and inclusive workplaces where our workforce is safe, respected, included, valued, and inspired to bring their whole selves to work. This includes adopting practices which provide all department employees with equal opportunities to succeed at work, including making inclusive workplace adjustments a standard feature of every school, office and team, so that employees have the necessary supports in place to allow them to perform and thrive in their role.
| Term | Definition |
|---|---|
Disability |
Long-term physical, mental health, intellectual, neurological, or sensory differences which, in interaction with various attitudinal and environmental barriers, may hinder full and effective participation in society on an equal basis with others. |
Employee |
A person employed by the department in ongoing, temporary, casual or secondment work. |
Essential requirements |
Conditions that must be met for employment (for example, working with children check, or specific qualifications). |
Inherent requirements |
Core activities or abilities that are necessary to fulfil the purpose of the role. |
JobAccess |
The national hub, created by the Australian Government, for workplace and employment information for people with disability, employers and service providers. |
Prospective employee |
A person who has applied for a role or has the potential to be employed by the department. |
Unjustifiable Hardship |
Under the Disability Discrimination Act, employers are not required to make workplace adjustments if they can prove that it would be too expensive, difficult, time consuming or cause other hardship. This is called 'unjustifiable hardship'. Unjustifiable hardship is determined based on an assessment of what is fair and reasonable in the circumstances. If a principal or manager believes an adjustment would cause unjustifiable hardship, they must contact the Diversity and Inclusion team at dandi@det.nsw.edu.au who can seek expert and legal advice as needed. |
Workplace |
Where an employee regularly performs their work. This includes schools, offices, outdoor locations, vehicles or remote work locations (including working from home). |
Workplace adjustment |
The administrative, environmental or procedural alterations designed to enable an employee to work effectively and safely in their environment, feel included in their workplace and enjoy equal employment opportunities. They can include:
|
Employees:
- notify their principal or manager about the need for a workplace adjustment, and provide information on why it is required and how it will improve productivity
- provide supporting documentation (if necessary)
- comply with any reasonable instructions given by their principal or manager during this process
- advise their principal or manager of any changes in their condition and if an adjustment is no longer working effectively.
Principals and managers:
- work with employees to implement adjustments that are reasonable, fair and equitable
- facilitate open, honest and confidential discussions with employees about adjustments
- understand that employees are not required to disclose their disability or health condition, unless it is likely to affect their ability to fulfil the requirements of their role
- understand relevant legislation governing workplace disability discrimination
- ensure that adjustments are recorded and implemented in a way that is transparent and accountable
- monitor the effectiveness of adjustments and reviewing them at least once a year
- identify funding sources for adjustments within financial delegations.
Senior executives:
- direct principals or managers to take reasonable action when an employee notifies them of any barrier to access that impacts on their ability to perform their duties
- incorporate reasonable workplace adjustments into directorate or team processes such as onboarding conversations and PDP discussions
- facilitate disability awareness training for all employees, including principals and managers
- identify funding sources for adjustments, where needed, including advising principals or managers to seek an external assessment through JobAccess if the cost cannot be met at the local level.
What needs to be done
1. Identify the need for an adjustment
A workplace adjustment can be identified by either:
- an employee informing their principal or manager about their requirements for a reasonable adjustment
- a principal or manager identifying a potential need for an adjustment and discussing the situation with the employee to establish if a need exists.
In identifying the need for a proposed adjustment, the employee may need to provide medical advice or other supporting documentation to inform the adjustment request process. This is only to be requested if there is an administrative need, for example to seek funding via JobAccess.
2. Determine the type of adjustment that is required
An employee and their principal or manager should:
- work collaboratively to develop an agreed adjustment plan
- obtain the assistance of the Diversity and Inclusion team, facilities managers and the Health and Safety team, where appropriate
- consider options to ensure employees are provided with safe workplaces and have access to appropriate leave while modifications are being made.
If the adjustment cannot be made at the local level, the principal or manager must:
- seek information from the employee on the cost and benefit of the proposed adjustment and whether it might result in any detriment to other employees
- formally notify the Diversity and Inclusion team (at dandi@det.nsw.edu.au) about the request
- commence an assessment and cost analysis of the proposed adjustment.
The Diversity and Inclusion team may also seek assistance from Legal Services to ensure the department is responding to its legal obligations.
Legal Services may determine that the workplace adjustment would cause ‘unjustifiable hardship’ to the department and support the decision to decline the request. This must be supported by evidence and consideration of factors, including impact to the person with disability, practicality, complexity, cost and the degree of disruption to the department and other employees.
Exclusions
This procedure does not apply to the provision of:
- dedicated parking spaces
- specific and significant building or facility design changes
- arrangements for travel to and from work.
Please contact the Diversity and Inclusion team at dandi@det.nsw.edu.au to discuss any specific needs.
3. Approve or escalate the request
Once the assessment has been completed, the principal or manager must decide whether to approve or escalate the request.
The principal or manager must keep the employee informed about the status of the adjustment and any escalation required.
- If they approve the request, the principal or manager should implement the adjustment in a timely manner.
- If the adjustment cannot be implemented at a local level due to insufficient funding, complexity or any other reason, the Diversity and Inclusion team will provide assistance in finding a suitable solution and can attempt to find another source of funding.
4. Internal escalation process
If an employee is not satisfied with the decision made by the principal or manager, they can seek to escalate the request. Employees can ask the Diversity and Inclusion team to facilitate mediation between them and their principal or the manager.
The Diversity and Inclusion team may seek input from other teams including Health Safety and Staff Wellbeing or Legal Services. Where required, Diversity and Inclusion will escalate the case for final internal determination by the Chief People Officer.
5. External escalation process
If the employee is not satisfied with the outcome of the internal escalation process, they can seek to escalate the matter externally. This can be done via:
- Industrial Relations Commission of New South Wales
- Anti-Discrimination New South Wales
- Australian Human Rights Commission
- Fair Work Ombudsman.
6. Monitoring and ongoing support
Once an adjustment has been implemented, the employee should monitor its effectiveness to ensure it remains effective and appropriate.
The principal or manager must:
- review the adjustment at least once a year to ensure it remains appropriate and maintain written records of the review process.
If an adjustment has not been implemented, the principal or manager should provide ongoing support to the employee and encourage them to contact the Employee Assistance Program (staff only) (EAP) if needed.
7. Legal responsibilities
Under the Disability Discrimination Act 1992, workplaces must provide workplace adjustments if requested. This Act provides an exception if the cost or difficulties of providing an adjustment will place an ‘unjustifiable hardship’ on a person or organisation.
Under the Work Health and Safety Act 2011, organisations need to ensure their workplace is healthy and safe. This includes managing risks and potential risks to the health, safety and wellbeing of all employees.
8. Privacy and confidentiality
The principal or manager must respect an employee’s right to privacy, as they have no legal obligation to disclose a disability or personal medical information unless it is likely to:
- affect their ability to fulfil the inherent requirements of their position
- impact their performance, ability to do the job’s inherent and essential requirements or to work safely.
All employee information provided to the department to support a workplace adjustment request must be treated in accordance with the Privacy Standards and the Health Records and Information Privacy Act 2002.
9. Funding
Any cost for a locally implemented workplace adjustment should be met by the business unit. Additional funding may be available to employees through the JobAccess Employment Assistance Fund (EAF).
It is open to eligible people with disability who are about to start a job, are self-employed or who are currently working. It is also available to people with disability who need Auslan assistance or special work equipment to look for and prepare for a job.
The Diversity and Inclusion team can assist principals, managers and employees in applying for JobAccess funding.
Supporting tools, resources and related information
Policy contact
The Executive Director, People, Culture and Capability, monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.