FOI 25/26-1513 DOCUMENT 7 OFFICIAL
Workplace Adjustments Policy
Version 1.1
This policy applies to:
- All employees covered by the National Disability Insurance Agency Enterprise Agreement 2024-2027 (NDIA EA): full time, part-time, casual (irregular/intermittent), ongoing, non-ongoing.
- All Senior Executive Service employees (SES).
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Contents
- Principles ……………………………………………………………………………………………. 3
- Workplace Adjustment entitlement …………………………………………………………. 3
- Types of Workplace Adjustments …………………………………………………………… 4
- Recruitment and Workplace Adjustments ………………………………………………… 5
- Support ………………………………………………………………………………………………. 5
- Accessing Workplace Adjustments ………………………………………………………… 6
- Considering Adjustments ………………………………………………………………………. 7
- Timeframes ………………………………………………………………………………………… 8
- Reviewing Adjustments ………………………………………………………………………… 9
- Labour Hire Workers ……………………………………………………………………………. 9
- Suitable Evidence, Document Storage and Privacy ……………………………………… 9
- Definitions ………………………………………………………………………………………………….. 10
- Other Relevant Information ………………………………………………………………………… 12
- About this Policy ………………………………………………………………………………………… 13
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1. Principles
1.1. The NDIA strives to be a world-leading employer of choice and a leading employer for access and inclusion.
1.2. The NDIA is committed to ensuring its culture and work practices role model and exemplify an inclusive and diverse workplace that is reflective of the community the Agency serves. This includes enabling people with disability, illness and injury to participate in and contribute their best in the workplace.
1.3. All requests for workplace adjustments will be handled in a sensitive and collaborative manner. Where a request cannot be facilitated, the NDIA will endeavour to provide alternative solutions to support you.
1.4. This policy is to be read in conjunction with the Disability Discrimination Act 1992 (external) (DDA). The NDIA HR delegations contains the authorisations for decisions and determinations.
1.5. You may be entitled to request a review of decisions and/or actions as per the NDIA Review Rights Policy.
2. Workplace Adjustment entitlement
2.1. A workplace adjustment is any form of assistance or adjustment that is necessary, possible and reasonable, to reduce or eliminate barriers at work.
2.2. The NDIA provides workplace adjustments to ensure the workplace is accessible and inclusive where you have a disability, illness or injury.
2.3. Where it is identified that workplace adjustments are required, the adjustments may further support and empower you to:
- perform your duties;
- be considered for transfer, promotion, training or other employment opportunities;
- access workplace facilities; and
- participate in work-related programs.
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2.4. Your request for workplace adjustments will be considered; however, in some cases it may not be reasonably practicable to provide the workplace adjustment as they have been requested. Where your requested workplace adjustment cannot be supported, the NDIA will work with you to find an alternative solution.
2.5. Your manager will provide you with support by discussing your needs and implementing your approved workplace adjustments.
3. Types of Workplace Adjustments
3.1. There is no exhaustive list of what types of workplace adjustments you may require. There are many types of disabilities, illnesses and injuries and they affect people in individual ways. Your adjustment needs will be considered individually.
3.2. Some examples of different types of workplace adjustments that allow you to do your job safely, access career development opportunities and be included in all aspects of the workplace may include:
- Modification to your physical workplace
- Modifications on how you enter, engage with, and exit your workplace, which includes under normal working conditions and during an emergency,
- Modifying design of your workstation to accommodate carers, assistants, assistance animals and/or disability aids,
- Modifying design to prevent manual handling.
- Modification to workplace equipment
- Modifications to ensure you can access necessary emergency and welfare facilities,
- Providing you with assistive technology.
- Modifying your work environment
- Facilitate rest and recovery,
- Support sensory requirements.
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- Presentation of information
- Present information in way that is accessible for screen readers.
- Job or task modification
- Rostering and scheduling.
- Work organisation.
- Remote working arrangements.
- Working from home arrangements.
4. Recruitment and Workplace Adjustments
4.1. To maintain and continue to build a truly inclusive and culturally capable organisation, it is fundamental the NDIA supports employees of all diversity groups, beginning with recruitment processes.
4.2. The Agency and any accredited recruitment partners the Agency may engage, will consider all workplace adjustment requests to support every candidate’s equitable participation in NDIA recruitment processes.
4.3. Further information about how the NDIA supports diverse recruitment is provided on the Inclusive Recruitment intranet page.
5. Support
5.1. Getting the right support is important. You and your manager can:
- Contact the P&C Service Desk for advice on workplace adjustments, access and inclusion,
- Access confidential counselling from the Employee Assistance Program (EAP),
- Have a support person present during workplace discussions.
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6. Accessing Workplace Adjustments
6.1. You are to advise your manager if you require workplace adjustment(s).
6.2. In line with the NDIA’s culture and values, and the Disability Discrimination Act, your manager must speak with you about what workplace adjustments you may need to perform your duties, if your manager observes, has knowledge of, or is informed that you may have disability.
6.3. To support you where you have identified a requirement for a workplace adjustment(s), your manager and/or the Workplace Support or Disability Support Team will consult with you, and your representatives and other duty holders as applicable.
6.4. Where additional support is required to explore your workplace adjustments requirements, either yourself or your manager can contact the P&C Service Desk for further assistance.
6.5. Some adjustments may require formal assessment. If you are an APS employee, these requests must be submitted to the Workplace Support or Disability Support Team via the P&C Service Desk (WHS and Workplace Support options). If you are a labour hire worker, please refer to section 11 below.
6.6. If you have been provided with workplace adjustments in the office, these will need to be replicated at home, where there is a working from home agreement in place. Maintaining any required home office equipment is your responsibility. The NDIA may provide you with equipment, this will be considered on a case-by-case basis. Your manager and the Disability Support Team or Workplace Supports Team should be consulted in the first instance regarding provision of equipment for your home office, to assist in assessing the suitability of the provision of equipment. To initiate discussions regarding this, you can submit a query through the P&C Service Desk.
6.7. It is your responsibility to confirm that adjustments have been made in your home as required. In some circumstances, the Job Access Employment Assistance Fund (external) may provide funding assistance. Please refer to the Working from Home Procedure for further information.
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7. Considering Adjustments
7.1. In deciding whether to approve a workplace adjustment, your manager, supported by the Workplace Supports Team or Disability Support Team, will consider all relevant circumstances, including but not limited to:
- How it benefits you in your role,
- Identification of barriers preventing you from doing your job,
- How the adjustment might affect you, others and the Agency,
- Identification of any potential workplace health and safety hazards and risks to you, and others, associated with implementing an adjustment or not implementing an adjustment. Including eliminating or minimising risks or hazards as far as is reasonably practicable,
- Ensuring the provision, maintenance, and access of workplace facilities, such as toilets, drinking water and washing facilities,
- The inherent requirements of your role and whether your will be able to meet those requirements with the assistance of the workplace adjustment, The Agency’s obligations under the Work Health and Safety Act 2011 (external), and
- The cost, including the proper use and management of public resources under the Public Governance, Performance and Accountability Act 2013 (external).
7.2. A failure to make reasonable adjustments for you, including those categories outlined above, if you have a disability, may constitute direct or indirect discrimination (the precise definitions of which are set out in the Disability Discrimination Act 1992).
7.3. If your proposed adjustments are considered unreasonable to implement, your managers will discuss this possibility with you. Your manager must seek support and advice through the P&C Service Desk before declining your request for workplace adjustments.
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7.4. In very limited cases, where you are unable to perform the inherent requirements of your role and no adjustment can reasonably be made to allow you to perform the core requirements of your role, your manager or the Workplace Supports Team or Disability Support Team will consult with you in relation to alternative work options. You can contact the P&C Service Desk in the first instance for assistance. For completeness, it may not be unlawful discrimination to terminate your employment or engagement if it is found that you cannot perform the inherent requirements of your role either:
- after workplace adjustments have been implemented; or
- where no workplace adjustments can be implemented.
7.5. Should you wish to have the outcome of your Workplace Adjustment request reviewed, you can do so through the Review Rights process, or through an informal process. The informal process will involve teams within People, Culture and Wellbeing Division reviewing the matter with the goal of resolution or provision of alternative supports. To initiate an informal review, please submit a ticket to the Workplace Support or Disability Support Team via P&C Service Desk.
8. Timeframes
8.1. The NDIA aims to provide you with your workplace adjustments as quickly as possible.
8.2. Decisions about requests for workplace adjustments will be notified in writing within 21 calendar days, by either your manager or the Workplace Support or Disability Support Team.
8.3. Due to the complex nature of some workplace adjustment requirements, additional time may be required to consider your requests. In these cases, the NDIA will organise your approved adjustments as soon as practical. You and your manager will also be updated periodically as the workplace adjustments are being considered and implemented where applicable.
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9. Reviewing Adjustments
9.1. You and your manager should review your workplace adjustments regularly to ensure they are properly implemented and continue to be appropriate for your needs.
9.2. The Workplace Support and Disability Support Teams will ensure that any control measures introduced to eliminate or minimise any health and safety risks associated with your adjustments are properly maintained and remain effective, as far as is reasonably practicable. This will include ensuring any such measures are fit for purpose, suitable for the nature and duration of your work, and installed, set up and used correctly.
10. Labour Hire Workers
10.1. If you are a labour hire worker (LHW), you should discuss your request for workplace adjustments with your employer (labour hire agency). Your employer should liaise with the relevant NDIA manager on the best way to support you in the workplace.
10.2. Your employer is responsible for the provision of your workplace adjustments. For further information, please refer to the Labour Hire Workers: Terms of Assignment or Contract intranet page.
10.3. The NDIA will provide workplace adjustments such as basic headsets, networked devices including Laptops and iPads, standard ergonomic chairs, sit/stand workstations and Assistive Technology Software e.g., JAWS, Dragon Naturally Speaking, Zoomtext, Read and Write, Openbook.
11. Suitable Evidence, Document Storage and Privacy
11.1. You may need to provide medical evidence to support your request.
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11.2. You should keep a record of your approved workplace adjustments. The Workplace Adjustment Passport is the NDIA’s endorsed tool that allows you to record your workplace adjustments. The Passport also supports the continuation of agreed workplace adjustments in the event your role or manager changes.
11.3. You should take physical adjustments, such as equipment, when moving to a new position within the Agency. If the cost for the equipment has been reimbursed to the Agency through the Job Access Employee Assistance Fund (external), the equipment belongs to you.
11.4. The storage and use of your personal information is consistent with the Australian Privacy Principles (external).
12. Definitions
12.1. Assistant - the DDA defines assistant in relation to a person with a disability, as one of the following who provides assistance or services to the person because of the disability: a carer; an assist; an interpreter; a reader.
12.2. Assistance animals - the DDA defines an assistance animal as a dog or other animal that is accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability or accredited by an animal training organisation, and trained to assist a person with a disability to alleviate the effect of the disability and to meet the standards of hygiene and behaviour that are appropriate for an animal in a public place.
12.3. Carer - the DDA defines carer in the same way as an Assistant.
12.4. Direct discrimination - occurs when a person who has, or is alleged to have, a disability is treated less favourably than a person without that disability would be treated in the same or similar circumstances.
12.5. Disability - the DDA defines disability as:
- Total or partial loss of the person’s bodily or mental functions; or
- total or partial loss of a part of the body; or
- the presence in the body of organisms causing disease or illness; or
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- the presence in the body of organisms capable of causing disease or illness; or
- the malfunction, malformation or disfigurement of a part of the person’s body; or
- a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
- a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.
12.6. And includes a disability that:
- presently exists; or
- previously existed but no longer exists; or
- may exist in the future (including because of a genetic predisposition to that disability); or
- is imputed to a person.
12.7. To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability.
12.8. Disability aid - the DDA defines a disability aid in relation to a person with a disability, as equipment (including a palliative or therapeutic device) that is used by the person and provides assistance to alleviate the effect of the disability.
12.9. Discrimination in relation to carers, assistance animals and disability aids - the DDA applies in relation to having a carer, assistant, assistance animal or disability aid in the same way as it applies in relation to having a disability, such that any obligation to do something because of a disability applies to a person who has a carer, assistant, assistance animal or aid (unless a specific exemption applies).
12.10. Indirect discrimination - indirect discrimination occurs when a policy, practice or procedure is established to apply to all and the impact or
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outcome of that policy, practice or procedure unintentionally disadvantages a person with a disability.
12.11. Inherent Requirements - are the essential activities and tasks that must be carried out to get a job done. Inherent requirements relate to results, or what must be accomplished rather than means, or how it is accomplished.
12.13. Unjustifiable hardship - the DDA does not explicitly define unjustifiable hardship but does provide some guidance for decision-makers. To determine if a workplace adjustment would incur unjustifiable hardship for the NDIA, the worker’s manager and/or the Workplace Supports and Disability Support Teams must take account of all relevant circumstances of each case, including the:
- nature of the benefit to or disadvantage suffered by any worker,
- effect of the worker’s disability,
- financial circumstances, and estimated amount of expenditure required to be made, by the NDIA, and
- the availability of financial and other assistance to the NDIA.
13. Other Relevant Information
13.1. Other relevant to this entitlement can be found in the following documents:
- Public Service Act 1999
- Fair Work Act 2009
- Disability Discrimination Act 1992
- Safety, Rehabilitation and Compensation Act 1988
- Safety, Rehabilitation and Compensation Regulations 2019
- Privacy Act 1988
- Public Service Regulation 3.2(2)
- Work Health and Safety Act 2011 (Cth)
- WHS Regulations
- APS Values, Employment Principles and Code of Conduct
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14. About this Policy
| Status | Final |
|---|---|
| Policy Owner | Workplace Support Team and Disability Supports Team |
| Approval Date | 16 August 2024 |
14.1. The Agency will review this policy within 12 months of the policy commencement date.
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