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 |
|---|---|---|---|
V02.0.0 |
18/12/2025 |
Updated to align with the Public Service Commissioner’s Direction and reflect People Group structural changes. |
A/Executive Director, Talent Capability and Performance |
| 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 |
About the policy
Under the Our culture policy the department is committed to creating inclusive, open, supportive and accessible workplaces where all people are safe, respected, included, valued, and inspired to bring their whole selves to work. The department champions and fosters a workplace culture where putting in place and accommodating workplace adjustments is considered the usual way of working, not an exception.
Workplace adjustments are a core enabler of equity, diversity and inclusion. They form part of our leadership responsibility to create a culture where all employees and prospective employees can participate fully and equally. The department has a legal and organisational obligation to provide timely, effective and sensitive workplace adjustments to support employees and prospective employees with disability, or who are carers of people with disability, ensuring equal opportunity for recruitment, career development and participation.
Under the Disability Discrimination Act 1992 (Cth) and the Anti-Discrimination Act 1977 (NSW), the department is required to provide reasonable workplace adjustments. The department may only decline to make adjustments if it can prove that doing so would cause unjustifiable hardship (refer to definition below), or if, after adjustments have been trialled and reviewed, the employee still cannot perform the inherent requirements of the role.
Line managers must seek advice from the Equity and Inclusion team before reaching such a determination, to ensure all options and funding avenues have been considered. However, the employer does not have to make adjustments if it causes unjustifiable hardship or if the employee still cannot perform the inherent requirements of the job after the adjustments.
This procedure applies to all employees and prospective employees of the department. Adjustments may be requested and implemented at any stage of the employment lifecycle, including during recruitment processes. Adjustments are available to staff who live with disability, or who are carers for a person living with disability.
| Term | Definition |
|---|---|
Barriers |
The interactions between a person’s disability and the workplace (physical, social, procedural or other) that impede full and equal participation. For example:
|
Carer |
A person who provides ongoing and unpaid personal care, support and assistance to any other individual who needs it because that other individual is a person with disability, has a medical condition (including a terminal or chronic illness), has a mental illness, or is frail and aged. |
Disability |
Includes both temporary and 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 on an ongoing (permanent), temporary or casual basis, or engaged through placement or secondment within the department. |
Essential requirements |
Conditions that must be met for employment (for example, Working with Children Check, or specific licenses, accreditations or qualifications such as a teaching degree). |
Inherent requirements |
Characteristics, elements or requirements essential to performing the particular job/role. For example, a call centre operator must be able to speak to customers on the phone. |
JobAccess |
The national hub, created by the Australian Government, for workplace and employment information for people with disability, employers and service providers, and applications for the Employment Assistance Fund. |
Line manager |
A person with direct supervisory responsibility for an employee or hiring manager responsibility for a recruitment process. This includes, principals, head teachers, assistant principals, deputy principals (and equivalent) and school administration managers. |
Prospective employee |
A person who has applied for a role or has the potential to be employed by the department, including through the approval to teach process. |
Senior executive |
A public service senior executive employee. |
Unjustifiable hardship |
Employers may not be required to make workplace adjustments if they can prove it would cause ‘unjustifiable hardship’, as defined by the Disability Discrimination Act 1992 (Cth). Employers must consider the following relevant circumstances when determining ‘unjustifiable hardship’:
If a line manager believes an adjustment may cause ‘unjustifiable hardship’ they must seek consent from the employee to contact the Equity and Inclusion team at workplace.adjustments@det.nsw.edu.au, who may seek expert and legal advice if required. |
Workplace |
A place where work is carried out for the department by an employee, including any place an employee goes, or is likely to be, while at work. In the context of the department, it includes:
|
Workplace adjustment |
Changes, modifications or alterations to a work process, procedure, practice or environment to enable a person to:
Adjustments may include changes and/or modifications to recruiting methods, equipment and technology, work practices and environment, and psychosocial adjustments. They may also change as people’s needs change. The term ‘reasonable adjustment’ is synonymous with the term ‘workplace adjustment’. |
Employees:·
should communicate to their line manager about the need for a workplace adjustment, and provide information on the barriers they experience and how an adjustment could help them fully participate
- should actively participate and cooperate in discussions to identify (and implement) effective adjustments and exploration of different approaches or solutions if those equally remove barriers
- comply with any reasonable instructions given by their line manager during this process
- must notify their line manager if circumstances change and they may need changes to their workplace adjustment
- must respect and support implemented adjustments for colleagues, where these are known
- must actively contribute to an inclusive culture by supporting, respecting and valuing colleagues with disability, ensuring their equitable treatment and assisting their full participation in the workplace.
Line managers:
- should have regular discussions with each of their employees about their needs, including adjustments, not only those employees who have shared that they have a disability or health condition or have caring responsibilities for a person with a disability or health condition
- must be aware of, understand and comply with the department’s Workplace adjustment procedure, including legal obligations, privacy requirements and practical strategies for implementing and reviewing adjustments
- must understand their legislative and confidentiality requirements, including
- that failure to provide a workplace adjustment may be considered disability discrimination
- their responsibility to manage the risks and potential risks to the health, safety and wellbeing of all employees under workplace health and safety laws
- their responsibilities under the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW)
- that employees are only required to disclose the barriers they face and are not required to disclose their specific disability or health condition, unless it is likely to affect their ability to fulfil the inherent requirements of their role (refer below to section 6. Meet privacy and confidentiality requirements)
- relevant legislation (refer below to section 5. Ensure legal responsibilities are met) governing workplace disability discrimination
- must ensure employees are not disadvantaged or discriminated against because of requesting or accessing workplace adjustments
- must work confidentially with employees to implement adjustments to remove barriers, unless these cause unjustifiable hardship
- should proactively seek relevant information and resources from official and nationally recognised advocacy sources (such as JobAccess or peak disability organisations) to understand the basics of employees’ disabilities, where disclosed. This ensures that support provided is appropriate, evidence-based, and does not place a burden on the employee to educate the manager about their disability
- must allocate or request funding for workplace adjustments from appropriate sources (for example, principal's budget, or team's cost centre) within financial delegations
- must ensure that adjustments are recorded and implemented transparently and that shows accountability
- must advise employees of the available review process if there is any dispute about the adjustment or the request
- must monitor the effectiveness of adjustments and review them at least once a year with the employee, with additional reviews completed when needed (refer to section 6. monitoring and ongoing support)
- must role model inclusive behaviour across the team, actively fostering an inclusive culture by supporting, respecting and valuing team members with disability, ensuring their equitable treatment and ability to fully participate in the workplace, and ensuring all staff understand their obligations.
Senior executives:
- must support line managers in their work areas to implement workplace adjustments for any employees that may require them, where the employee has given consent for their support to be requested
- must ensure discussions about whether employees need workplace adjustments are incorporated into directorate or team processes, such as onboarding conversations and regular development discussions
- must plan and allocate adequate resourcing for workplace adjustments within their own budgets, including advising line managers to seek an external assessment through JobAccess if the cost cannot be met at the local level
- should complete relevant professional learning and support all employees, including line managers, to do the same
- should support agency-wide technology solutions that enable equitable access to workplace adjustments
- must actively foster an inclusive culture by supporting, respecting and valuing team members with disability, ensuring they are treated equitably and can participate fully in the workplace, and that all managers and staff understand their obligations
- must ensure legislative requirements and responsibilities are met.
Equity and Inclusion team:
- provide advice to employees and line managers on legislative obligations, funding and alternative solutions related to the adjustment request, as required
- support line managers in implementing complex adjustments as required
- monitor uptake of workplace adjustments, timeliness of adjustment implementation, and effectiveness of adjustments and of this policy.
What needs to be done
Employees and prospective employees have defined rights in the workplace adjustment process, which are outlined below.
Employees or prospective employees:
- have the right to ask for a workplace adjustment, without fear of adverse treatment. This right applies at any stage of the recruitment processes or at any time during their employment
- have the right to nominate a representative, including a union representative or delegate, to act on their behalf or support them during the workplace adjustment process
- have no obligation to share information about their disability unless it is necessary for determining whether they would be able to perform the inherent requirements of their role and work safely, or to determine and/or implement an adjustment for the employee. Information requested from an employee for this purpose must be relevant, not excessive and should not unreasonably intrude into the personal affairs of the employee.
1. Identify the need for an adjustment
A need for a workplace adjustment can be identified by either:
- an employee informing their line manager about their requirements for an adjustment
- a line manager asking an employee, or all employees, if they require any workplace adjustments, regardless of whether they have shared a disability or health condition. This may be asked during regular ongoing conversations with an employee or after a potential need for an adjustment is identified.
An employee has no obligation to share their disability or health condition at this initial stage of the procedure. Instead, employees should discuss any barriers they may be experiencing and how adjustments may reduce or remove these.
Line managers must acknowledge a workplace adjustment request within 5 working days and provide a decision within 15 working days, unless exceptional circumstances apply. Where timeframes cannot be met, the line manager must provide the employee written notice as soon as possible, outlining the revised timeframe and the reason/s for the delay.
2. Determine the type of adjustment required
An employee and their line manager should:
- work collaboratively to develop an agreed adjustment plan, ensuring consultation occurs at each stage, and considering trial periods for adjustments
- access supporting resources through the Workplace Adjustments Hub (staff only) to clarify any questions
- with the employee’s consent, seek the assistance of other teams, such as Equity and Inclusion, Facilities, or Information Technology Directorate (ITD), if needed
- consider options to ensure employees are provided with safe workplaces and have access to appropriate leave while modifications are being made (if required).
3. Approve or escalate the request
When the proposed adjustments have been discussed, the manager can approve the request and implement the adjustments, ensuring that any modifications comply with the Work Health and Safety Act 2011 (NSW).
Once an adjustment has been agreed, the line manager:
- should implement the adjustment as promptly as possible.
- must ensure relevant employees receive appropriate training for use of any specialised equipment or program.
- must regularly keep the employee informed about the status of the adjustment and any escalation required.
If agreement is not reached, the line manager and/or the employee may escalate the request by asking for advice from the Equity and Inclusion Team at workplace.adjustments@det.nsw.edu.au.
The line manager must seek permission from the employee before escalating a workplace adjustment matter, to ensure transparency and respect for privacy.
If the adjustment cannot be implemented at a local level due to insufficient funding, undue complexity or any other reason, the Equity and Inclusion team will provide assistance to explore alternative solutions and funding options (refer below to section 7. Funding for adjustments).
3.1 Escalate internally
Employees or line managers can escalate a request internally by emailing the Equity and Inclusion team at workplace.adjustments@det.nsw.edu.au.
At any stage of the escalation process, an employee may be accompanied by a representative or support person of their choice.
Employees or line managers may need to escalate in the following circumstances:
- if they are unable to implement their adjustment locally
- if line manager and employee have not been able to agree on an adjustment (refer to ‘Seeking support to implement a workplace adjustment decision or plan’ below.
Where advice has been requested, the Equity and Inclusion team:
- may seek input from other teams, including Health Safety and Staff Wellbeing, Employee Relations, or Legal Services
- may, with the employee’s consent, consult with the treating health professional, a workplace rehabilitation provider, or HR/inclusion specialists to identify appropriate adjustments (for example, through an occupational therapy assessment on appropriate adjustments)
- will, where required, and only with the employee’s consent, escalate the case for final internal departmental determination by the Chief People Officer.
The Equity and Inclusion team must always seek the employee’s permission before escalating and/or sharing information with other department staff members.
Employees can seek support to agree or implement a workplace adjustment decision or plan when:
- they disagree with the outcome of their request (full or partial decline)
- agreed adjustments are not implemented within agreed timeframes
- adjustments are implemented but are not effective in removing barriers and discussions with the line manager do not result in new adjustments being put in place
- circumstances change (role, location, technology, health or organisational needs). For example, health needs improve or deteriorate, an agreed adjustment is no longer effective, changes to workplace duties or location or equipment/supports stop working.
3.2 Escalate externally
If the employee is not satisfied with the outcome of the internal escalation process, they can seek to escalate the matter externally. Employees may seek advice or lodge a complaint with:
- Industrial Relations Commission of NSW
- Anti-Discrimination New South Wales
- Australian Human Rights Commission - Make a complaint
4. Provide monitoring and ongoing support
Once an adjustment has been implemented, the line manager and employee should monitor its effectiveness to ensure it remains effective and appropriate.
The line manager must review the adjustment at least once a year to ensure it remains appropriate and maintain written records of the review process.
Employees and line managers may request a review of the adjustment at any time if circumstances change or the adjustment is no longer effective (refer above to section 3.1 Escalate internally.
If an adjustment cannot be implemented, the line manager should continue to support the employee and advise them about employee wellbeing services such as the Employee Assistance Program (EAP) (staff only) if needed.
5. Ensure legal responsibilities are met
Workplaces must provide workplace adjustments to staff who need them unless the cost or difficulties of providing an adjustment will place an ‘unjustifiable hardship’ on a person or organisation (refer to the Disability Discrimination Act 1992 [Cth] and the Anti-Discrimination Act 1977 [NSW]).
Organisations also need to ensure their workplaces are healthy and safe, including managing risks and potential risks to the health, safety and wellbeing of all employees (refer to Work Health and Safety Act 2011 [NSW]).
6. Meet privacy and confidentiality requirements
In most cases, employees do not need to provide information or evidence about their disability or diagnosis. Instead, employees and their line managers should discuss the barriers the employee is experiencing.
There may be circumstances where it is appropriate to seek advice from a medical or health practitioner to determine the most appropriate adjustment or confirm that the employee is able to safely perform the inherent requirements of their role. This must only be done with the specific consent of the employee.
Any information requested from an employee for this purpose must be relevant, not excessive and should not unreasonably intrude into the employee’s personal affairs.
For fact sheets and information on medical information and privacy, refer to the Workplace Adjustments Hub (staff only).
All employee information provided to the department to support a workplace adjustment request must be treated in accordance with the Privacy standards, the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW).
All parties must ensure workplace adjustment documentation:
- must be stored securely and separately from general personnel files
- must have access restricted to authorised personnel directly involved. Information must only be shared on a strict need-to-know basis with the employee’s explicit and specific consent, except where required by law
- must only include information necessary for the workplace adjustment.
7. Funding for adjustments
The business unit or school should meet any cost for a locally implemented workplace adjustment.
Adjustments must be funded unless doing so would cause unjustifiable hardship. If this is the case, alternative solutions will be explored in consultation with the employee. Line managers should contact the Equity and Inclusion team (refer below), which can help explore alternative solutions and funding options.
Line managers cannot refuse an adjustment without first exploring all reasonable funding avenues, including central budgets and external schemes, such as JobAccess Employment Assistance Fund.
The Equity and Inclusion team can assist line managers and employees to apply for JobAccess funding, if required.
For further information, contact the Equity and Inclusion team at workplace.adjustments@det.nsw.edu.au.
Supporting tools, resources and related information
- Recruitment and onboarding policy
- Privacy standards
- Workforce diversity and inclusion standards
- Disability Discrimination Act 1992 (Cth)
- Anti-Discrimination Act 1977 (NSW)
- Work Health and Safety Act 2011 (NSW)
- Privacy and Personal Information Protection Act 1998 (NSW)
- Health Records and Information Privacy Act 2002 (NSW)
Policy contact
Equity and Inclusion team
For policy advice and questions: YouBelong@det.nsw.edu.au
For support with workplace adjustments: Workplace.Adjustments@det.nsw.edu.au
The Executive Director, Talent Capability and Performance, monitors the implementation of this procedure, regularly reviews its contents to ensure relevance and accuracy, and updates it as needed.