Workplace adjustments

This page provides information on workplace adjustments for Charles Sturt employees and their supervisors. It includes an overview of relevant legal and policy frameworks, explains how to request workplace adjustments and provides links and resources for further information and support.

What are workplace adjustments?

Workplace adjustments are changes introduced into the workplace that take account of a person's disability so that they can use their skills effectively to meet the inherent requirements of their position and access the same benefits, terms or conditions of employment as other employees. They help to level the playing field for neurodivergent employees, employees with a disability or medical condition and employees who are carers by reducing barriers and helping employees to thrive at work and perform their roles safely.

Workplace adjustments may be required when a person has an established or acquired condition or disability, whether temporary or permanent, or a non-work related injury or illness of a temporary or permanent nature.

Types of adjustments

Workplace adjustments should be responsive to the individual needs of the employee but can include things like:

  • changes to job design, work schedules or practices in ways that do not compromise performance of the inherent requirements of the role
  • modifying or providing equipment
  • use of inclusive technology (e.g. screen readers, dictation programs)
  • providing a gradual return to full duties after a significant absence or illness
  • providing training or other assistance
  • modifying the work premises.

Workplace adjustments do not include:

  • changing the inherent requirements of a role
  • maintaining a job which would otherwise be altered or abolished
  • the creation of a different job altogether
  • promotion or transfer to a different job.

Legal frameworks

The Disability Discrimination Act 1992 (DDA) ensures that people with disability and those who care for someone with disability are protected from discrimination in employment across Australia. Under the DDA, employers are required to implement reasonable adjustments where required to enable a person with disability to perform the inherent requirements of their role unless it would result in unjustifiable hardship (see definitions below).

In NSW, the NSW Anti-Discrimination Act 1977 also makes disability discrimination in the workplace unlawful. Employees with disability and carers may also request flexible working arrangements under certain conditions, as outlined in the National Employment Standards.

The statutory responsibility to provide adjustment applies to all areas of employment including:

  • recruitment, selection and appointment
  • training and career development
  • performance management
  • promotion, transfer or any other employment benefit.

Apart from providing reasonable adjustment, if an employee is unable to undertake the inherent requirements of their role position, the University has no legal obligation to ensure their ongoing employment.

Policy and procedure

Disability and Work or Study Adjustment Policy

Outlines the University's commitment to providing an accessible and inclusive work and study environment that enables staff and students with disability or caring responsibility for a person with disability to participate in university life on an equitable basis with other members of the University community. It also supports the University's legal and compliance obligations under relevant employment and education-focused legislation.

The policy applies to current and prospective staff and students who have a temporary or permanent disability or medical condition or who have caring responsibilities for someone with disability (see definitions in Section 5).

Workplace Adjustment Procedure

Describes how to request and implement workplace adjustments to accommodate non-work related injuries, medical conditions or disability. It applies to prospective and existing employees who have a temporary or permanent disability that impacts their ability to perform their job.

It does not apply to compensable work-related injury or illness, please refer to Incidents and hazards - Division of Safety, Security and Wellbeing for information on what to do if you are injured at work.

Key definitions

Inherent requirements - the core and essential components of a role that are determined in relation to the purpose of role and its intended outcomes. Workplace adjustments aren't intended to change the inherent requirements of a position, but to support a person with a disability to fulfill them. In identifying inherent requirements, it can be helpful to focus on what outcomes must be accomplished rather than how they will be accomplished, there may be many ways to achieve the same or a similar outcome.

Reasonable adjustment - The administrative, environmental or procedural alterations that are required to enable a person with disability to work effectively and enjoy equal employment opportunities with others. An adjustment is considered reasonable if it takes into account the requirements of the person with disability and balances the interests of all parties affected. An organisation may refuse to introduce an adjustment if it can demonstrate that to do so would cause it unjustifiable hardship.

Unjustifiable hardship - A defence in law that permits an organisation to refuse a particular adjustment if it will cause major difficulties or the cost is unreasonable. Detailed evidence is required to support a claim of unjustifiable hardship. Whether or not a defence of unjustifiable hardship can be sustained is determined on a case-by-case basis, taking into account all the relevant circumstances including: the effect of the disability on the employee; the benefits or disadvantages likely to be experienced by any persons concerned as a result of the adjustment being made; the cost of making the required adjustment in the context of the organisation's financial circumstances.

Requesting and funding workplace adjustments

How to request a workplace adjustment

Employees who have a medical condition, injury or disability that impacts their ability to meet the inherent requirements of their role can request an adjustment by submitting a Workplace assessment or adjustment request (staff).

With the consent of the employee involved, a supervisor may also make a request by submitting a Workplace assessment or adjustment request (supervisor or manager).

Once submitted, requests will be reviewed by the Health, Safety and Wellbeing team in the Division of Safety, Security and Wellbeing and the Equity, Diversity and Inclusion team in the Division of People and Culture who will allocate an appropriate team member to follow up. They will make contact about the next steps within 3-5 business days.

Disclosure and privacy

Employees have no obligation to disclose disability unless it's likely to affect their ability to fulfil the inherent requirements of their role. However, disclosure about the nature of the injury, medical condition or disability to their supervisor and/or a representative from the Division of People and Culture is required if a workplace adjustment is requested or required.

We recognise that disclosure can be challenging and uncomfortable. The workplace assessment and adjustment request form will ask for your preferences around discussing the adjustment request with your supervisor. Please provide information about any concerns you may have about this on the form.

At all times, the Division of People and Culture representative will respect the privacy of the employee. Information about the employee's condition or disability will only be disclosed to a third party with prior consent. However, limited disclosure may be necessary for work health and safety reasons as outlined in the privacy statement on the workpalce adjustment request form.

Assessing a workplace adjustment request

Staff who request a workplace adjustment will be contacted by a member of the Division of People and Culture's (DPC) Equity, Diversity and Inclusion team. In line with the requirements of the Workplace Adjustment Procedure, they will need to understand:

  • the nature and duration of the employee's condition
  • the impact on their work
  • if the condition is likely to change
  • the types of adjustments the employee is seeking.

Additional documentation of assessment by a medical practitioner, psychologist or other recognised professional specialist may be requested. If further specialist evaluation is required, the DPC representative may source additional information from a medical practitioner, occupational therapist, allied health provider, Government support agency, or disability service provider (as appropriate, and with the consent of the staff member).

While consideration will be given to the preferences of the individual, the assessment of a request will also take into account:

  • the reasonableness of the request
  • any health practitioner recommendations
  • the options available
  • the operational requirements of the University
  • whether the adjustment will help the person meet the inherent requirements of their position.

Administering and implementing workplace adjustments

After an assessment has been made, the DPC representative will discuss recommended adjustment(s) with the employee and their supervisor and complete a workplace adjustment plan.

What is a workplace adjustment plan?

A confidential document that records workplace adjustments, how they will be implemented, the functional limitations they intend to address and when they will be reviewed. Plans can also include communication strategies and details about any support or training they may be required for colleagues.

While a workplace adjustment plan is negotiated and agreed to by the employee and their supervisor, the level of detail and information included in a plan is up to the employee. Having a plan in place helps ensure continuity of arrangements. It means that if something changes, there's documentation that can be referred to or built upon instead of starting the process anew.

Workplace adjustment plans are confidential. Besides the employee, their supervisor/manager, the DPC representative and any communication requirements agreed in the Plan, it's up to the staff member to decide what information is provided to anyone else and who has access to their Plan. However, limited disclosure may be required for health and safety reasons.

Implementing, monitoring and updating a workplace adjustment plan

Implementing and reviewing a workplace adjustment plan is the joint responsibility of the employee and their supervisor. If the supervisor changes, it’s up to the employee to ensure that their new supervisor is aware of their plan. The Division of People and Culture representative will contact the employee and their supervisor within 4 weeks of a plan being signed off to check-in and work with them to make any required tweaks to a plan.

Following this, the plan should be reviewed at least annually (but more regularly if possible) as part of the performance management cycle to ensure that it is still relevant and effective. An employee may request a review or update of their plan at any stage if something changes in relation their condition/disability and/or work situation. If the condition/disability is temporary, the plan may be closed when the employee no longer requires any adjustments.

If an employee believes that a Change Management process (as outlined in the Enterprise Agreement) will impact the adjustments agreed to in their Plan, they should contact the Division of People and Culture to raise this.

Funding workplace adjustments

In many cases, there is no direct cost or only a modest cost involved in implementing a workplace adjustment or workplace adjustment plan. Funding arrangements for workplace adjustments are detailed in clauses 26 and 27 of the Workplace Adjustment Procedure. Where possible, funding for adjustments will be sought through external funding sources such as the Employment Assistance Fund.

Employment Assistance Fund

The Employment Assistance Fund (EAF) gives financial help to eligible people with disability and mental health conditions and their employers to buy work related modifications, equipment, Auslan services and workplace assistance and support services. The EAF may also be able to provide a free workplace assessment for eligible employees to help work out what modifications or equipment will best meet their needs and help them do their job

Eligibility requirements are detailed in the EAF Guidelines but include:

  • being an Australian Resident (or Temporary Protection Visa or Safe Haven Enterprise Visa holder)
  • employed in a job that is expected to continue for at least 13 weeks
  • working at least 8 hours a week
  • have an ongoing disability that has lasted, or will last at least two years and disability must limit, restrict or impair your ability to work.

Employees can contact or request funding for adjustments independently via the EAF but will need to provide evidence of their employment as part of their application. This evidence may be obtained from their supervisor or via the Division of People and Culture.

Support and assistance

The DPC Equity, Diversity and Inclusion team can provide support to employees seeking workplace adjustments and their supervisors. They aim to facilitate individualised and supportive outcomes that balance the needs of employees, their teams and the University. They can also assist with exploring external funding or training options.

Learn about the team or contact them.

Appeals and complaints

Refer to clauses 32-33 of the Workplace Adjustment Procedure which detail staff options for appeals and complaints related to the Workplace Adjustment Procedure.

Resources and information

Resources for employees and supervisors

Resources for employees

Resources for supervisors