This Procedure aims to assist the University to meet its commitment to providing equal opportunity and freedom from discrimination for its staff with disability, as articulated through the University’s Equal Opportunity and Valuing Diversity Guidelines, by outlining a process to assist in the development and implementation of reasonable workplace adjustments for staff with disability.
This Procedure applies to all staff and prospective staff in all situations and activities related to their employment at the University. Such situations and activities may extend beyond University campuses and day-to-day activities eg field trips, conferences, events and functions.
- Commonwealth Disability Discrimination Act 1992
- Commonwealth Fair Work Act 2009
- Victorian Equal Opportunity Act 2010
- Disability Act 2006 (Vic)
- Anti-Discrimination Act 1977 (NSW)
- Disability Services Act 2006 (QLD)
- Equal Opportunity Act 1984 (SA)
| Term | Definition |
| Disability: |
Refers to: • a partial or total loss of a bodily or mental function (which can be permanent or temporary, visible or invisible) eg quadriplegia, brain injury, vision or hearing impairment, epilepsy, limited range of movement, localised weakness • a total or partial loss of a part of the body • the presence in the body of organisms causing or capable of causing disease or illness eg hepatitis, HIV/AIDS, hepatitis, allergies • the malfunction, malformation or disfigurement of part of the body eg diabetes, asthma, birthmark, scar • mental or psychological disease or disorder • a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction eg autism, dyslexia, attention deficit disorder, intellectual disability • a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgement or that results in disturbed behaviour eg psychiatric condition, neurosis, personality disorder Included is a disability (as defined above) that presently exists, previously existed but no longer exists, may exist in the future (including because of a genetic predisposition to that disability), is imputed to a person, and behaviour that is a symptom or manifestation of a disability. |
| Discrimination: | Refers to unfavourable treatment based on a person’s disability as defined above. In determining whether or not a person discriminates, the person’s motive is irrelevant. Discrimination includes Direct and Indirect Discrimination. |
| Direct Discrimination: | Occurs if a person treats or proposes to treat, a person with disability unfavourably, because of that disability. |
| Indirect Discrimination: | Occurs if there is an unreasonable requirement, condition or practice that purports to treat everyone the same, but actually disadvantages someone with disability. |
| Reasonable Workplace Adjustment: |
Is the term used to describe actions or changes which may be required to enable staff with disability participation on an equitable basis to other staff. Lack of provision of an adjustment might constitute discrimination. An adjustment is deemed to be a reasonable adjustment unless making the adjustment would impose an unjustifiable hardship on the University. Adjustments may be necessary where the interaction between the working environment and certain staff personal characteristics or circumstances relevant to their disability have a negative impact on staff participation or achievement. Reasonable adjustments for people with a disability are required under the Disability Discrimination Act 1992. There is no set definition of what is a ‘reasonable’ adjustment. Each situation needs to be considered in its own circumstances and on its own merits. |
| Flexible working arrangements | Are forms of reasonable workplace adjustments that can be requested by staff who have a disability, as covered by the Commonwealth Fair Work Act 2009. |
| Unjustifiable hardship |
Is determined by having regard to all relevant circumstances of a case, including: • the benefit or detriment of making or not making the adjustment on the staff member with disability or any other person concerned • the nature of the staff member’s disability • the cost or impact on the University, given the University’s size and overall economic position |
| Staff member: | Is any person who is an employee of the University. This includes full-time, part-time, sessional or casual staff. |
| Inherent requirements: | Are the genuine and reasonable requirements of a position, being the essential components of the job which must be performed. |
| Disclosure: | Refers to a personal decision to tell a person about one’s disability. |
Managers and Supervisors are required to implement reasonable workplace adjustments to:
- enable prospectivestaff with disability to have equal opportunity to be considered for selection and appointment;
- enable staff with disability to perform the inherent requirements of their positions;
- enable staff with disability to enjoy equitable terms and conditions of employment with other staff, including promotion, transfer and training; and
- enable staff with disability to participate in and benefit from work related facilities, development, programs or benefits on equitable terms with other staff.
The requirement to make a reasonable workplace adjustment applies irrespective of whether a person’s disability was pre-existing, arose during employment or was caused at work and irrespective of whether it is temporary or permanent.
In the case of disability caused at work with FedUni, FedUni's Injury Management Procedure will apply.
For all other cases, adjustments need to be assessed and determined in consultation with the staff member, in accordance with this Procedure.
The requirement to provide adjustments to staff (and potential) staff members applies to all areas of employment.
Adjustments may include:
- Changes in the physical work environment; such as ensuring access to a building or moving to an accessible location (eg office/lecture theatre), installation of auto-opening doors, lowering the height of a work bench, office re-arrangements (eg to accommodate wheelchair), provision of a sit/stand workstation, appropriate chair, alternative lighting, installation of visual alarms.
- Organisational changes; such as changes to job design, work schedules or other work practices, for example allocating some aspects of the job to another employee or swapping duties amongst staff, changes to work practices eg to allow for medication breaks/rest breaks/flexible working arrangements.
- Technological provisions; such as communicationtechnology devices or screen reading/braille recognition software, magnifiers, large screen monitors.
- Other responses; such as Auslan interpreter/captioning for meetings, changes to travel/professional development arrangements to accommodate health/care/mobility needs.
More information and useful resources are available through the Commonwealth’s JobAccess website
In general, the School/Directorate/management unit is responsible for funding workplace adjustments.
Most adjustments will require little or no expenditure.
In many cases external funding may be available, through the Commonwealth Employment Assistance Fund.
FedUni acknowledges that some adjustments will require more significant expenditure and hence has implemented a centralised fund to support areas in funding adjustments. This fund is administered through Equity and Equal Opportunity, and assistance will be determined on a case-by-case basis.
For assistance in sourcing funding (either external or from FedUni’s centralised fund), contact equity@federation.edu.au
| ACTIVITY | RESPONSIBILITY | STEPS | |
| A. | Request adjustments in and application and selection process | Prospective/existing staff member applying for position. |
|
| B. | Treatment of disclosure | People and Culture and area responsible for recruitment of the position |
|
| C. | Arrange required adjustments | People and Culture and/or area responsible for recruitment of the position |
|
| ACTIVITY | RESPONSIBILITY | STEPS | |
| A. | Request adjustment | Staff member |
|
| ACTIVITY | RESPONSIBILITY | STEPS | |
| A. | Consider and determine adjustments that are required and reasonable | Relevant supervisor or responsible area, in consultation with the staff member making the request for adjustment |
|
| B | Consult with other areas within the University | Relevant supervisor or responsible area, |
|
| C | Advice and complaint processes | Staff member |
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- The Chief Operating Officer has overall responsibility for the implementation of this Procedure.
- The Director, People and Culture is responsible for the provision of advice and promulgation of this Procedure.
- All staff with responsibility for other staff and/or for specific staff related activities have responsibility to implement this Procedure with reference to the Equal Opportunity and Valuing Diversity Guidelines.
The Workplace Adjustments for Staff with Disability Procedure will be communicated throughout the University via:
- an Announcement Notice via FedNews website and on the ‘Recently Approved Documents’ page on the ‘Policies, Procedures and Forms @ the University’ website to alert the University-wide community of the approved Procedure;
- distribution of e-mails to University managers
The Workplace Adjustments for Staff with Disability Procedure will be implemented throughout the University via:
- an Announcement Notice via FedNews website and on the ‘Recently Approved Documents’ page on the ‘Policies, Procedures and Forms @ the University’ website to alert the University-wide community of the approved Procedure;
- Staff information sessions
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