(1) This Procedure sets out the process for requesting, developing and implementing a reasonable adjustment at the University of Wollongong (the University) to accommodate a disability, mental health, or chronic medical condition, including a temporary medical condition. (2) This Procedure applies to: (3) This Procedure does not apply to: (4) This Procedure supports the Equity, Diversity, and Inclusion Policy by providing advice for staff and their Supervisors on the processes associated with any reasonable workplace adjustments required at the University. (5) The University has a diverse workforce and is committed to providing the required range of measures for staff who require workplace adjustments due to a permanent or temporary disability, mental health, or chronic medical condition. (6) Reasonable adjustments are put into place to assist a person with a permanent or temporary disability, mental health, or chronic medical condition to complete the inherent requirements of their role effectively and comfortably and supports equal employment opportunity. (7) The requirement to make reasonable adjustments applies irrespective of whether a person’s disability was pre-existing or commenced during employment. (8) Reasonable adjustments are not changes to the inherent requirements of the role itself. (9) The requirement to provide reasonable adjustments for staff with a disability applies to all areas of the employment life cycle. (10) Staff with a disability are not obliged to disclose the details of their disability, mental health, or chronic medical condition unless they require services, support, or adjustments. A disclosure can be made during the recruitment process or at any point during the employment relationship. (11) If a staff member does disclose a disability to the University, it must be treated in accordance with the University's Privacy Policy and not be discussed with anyone unless the staff member has given permission to do so. (12) In most cases, it is helpful for staff with a disability to provide supporting documentation regarding their disability, mental health, or chronic medical condition to enable appropriate workplace adjustments. This may include a letter from a health professional or any relevant information that might help to inform a decision. The information sought by the University will only be what is relevant to the specific adjustments requested. (13) A staff member with a disability, mental health or chronic medical condition can bring a support person to any meeting about a service, support, or workplace adjustment. The support person’s role is to: (14) This Procedure does not apply to injuries where the staff member has either lodged or has an accepted workers compensation claim. The process for this can be accessed via the injury management and return to work programs supported by the Wellbeing Health and Safety Unit. (15) Workplace adjustments are either temporary or permanent and may include but are not limited to: (16) Staff are encouraged to discuss reasonable workplace adjustment requirements with their Supervisor and must submit a Staff Workplace Adjustment Request Form for approval. (17) The Supervisor should seek the relevant approvals dependent on the request (e.g. Infrastructure and Property Division (IPD) or Information Management and Technology Services (IMTS)) and ensure that agreed reasonable workplace adjustments are implemented in consultation with the relevant People and Culture Division representatives. (18) Staff may be required to provide supporting documentation regarding their disability, mental health, or chronic medical condition to enable the provision of a requested reasonable adjustment and ensure a safe working environment in accordance with Work Health and Safety legislation, as outlined above in Section 3 clause 12. (19) The local business unit should resolve all reasonable low-cost workplace adjustment requests, where possible. If no budget or resourcing exists, the staff member’s Supervisor should contact the People and Culture Business Partner and/or the Equity, Diversity and Inclusion Team (EDI) for assistance with applying for funding through the Employment Assistance Fund (EAF) via JobAccess. (20) The Supervisor will respond to a formal request for reasonable adjustments within 10 working days of the request being made. (21) When the outcome of the reasonable adjustment request is known, staff and Supervisors should complete a Reasonable Adjustment Access Plan (Staff). (22) The Reasonable Adjustment Access Plan (Staff) should be reviewed annually, or upon change of position/duties by the employee, with their Supervisor to ensure they remain relevant and effective, and manageable within the workplace. Before a reasonable workplace adjustment is declined the Supervisor must discuss this with their People and Culture Business Partner and/or the Equity, Diversity and Inclusion Team. (23) Reasonable Workplace Adjustment requests may be declined if they would impose an unjustifiable hardship on the University. This includes, but is not limited to, factors such as cost, impact on service quality or efficiency and workplace safety of staff and students. (24) Staff members who believe their request for a reasonable adjustment has been unreasonably denied, may appeal their manager’s decision. Appeals should be in writing to the staff members’ People and Culture Business Partner. The Chief People and Culture Officer will decide all appeals and provide a written response to the staff member within 20 days, as per the Complaints Management Policy. (25) Staff with a disability or a mental health issue may access the Australian Government funded Employment Assistance Fund (EAF) to cover the costs of making a reasonable workplace adjustment. This may include: (26) Staff can seek advice from the Equity, Diversity and Inclusion Team where funding for JobAccess is available to support a reasonable adjustment request. (27) Staff may apply for JobAccess funding on an individual basis via the online services site. If they need assistance completing the Employment Assistance Fund (EAF) Online Application, they could also contact a JobAccess Adviser on 1800 464 800. (28) JobAccess may require a workplace assessment to be performed and will arrange this through the Employment Assistance Fund (EAF) at no cost, to provide advice on the types of modifications or equipment that may best meet the individual staff member's needs, prior to approval for Employment Assistance Fund (EAF) Funding. (29) Staff members will: (30) Supervisors will: (31) Talent Acquisition (TA) Team will: (32) People and Culture Business Partners will: (33) Wellbeing Health and Safety Unit (WHS) will: (34) Equity, Diversity and Inclusion Team (EDI) will:Reasonable Adjustments in the Workplace Procedure
Section 1 - Purpose
Section 2 - Application and Scope
Section 3 - General Principles
Section 4 - Types of Reasonable Workplace Adjustments
Top of PageSection 5 - Implementing a Reasonable Workplace Adjustment
Section 6 - JobAccess
Section 7 - Roles and Responsibilities
Top of PageSection 8 - Definitions
Word
Definition
Access
Access refers to people’s ability to participate in the life of the University including its learning, teaching, physical, digital, living and communication environments. Access is a principle that is applied to goods, services, and environments, such as learning, work, social, digital, and built environments. It describes the degree to which a person with a disability can participate in or access goods, services, or the environment.
Chronic medical condition
A Chronic medical condition is a temporary or permanent condition that may be hereditary, genetically acquired or of unknown origin. The condition may not be obvious or readily identifiable, is severely debilitating, and may result in fluctuating levels of wellness and sickness, and/or periods of hospitalisation; for example, HIV/AIDS, cancer, chronic fatigue syndrome, Crohn’s disease, cystic fibrosis, asthma, or diabetes.
Direct disability discrimination
Direct disability discrimination occurs where a person with disability is treated less favourably than someone without disability and/or reasonable adjustments are not made for the person with disability, and therefore, they are treated less favourably than someone without disability.
Indirect disability discrimination
JobAccess
The national hub for workplace and employment information for people with disability, employers, and service providers. Created by the Australian Government, it brings together the information and resources that can ‘drive disability employment’.
Low-cost workplace adjustment
For the purposes of this procedure the term ‘low-cost workplace adjustment’ refers to an item that is less than $1000 (excl gst) per annum.
Mental health issue/condition
A mental health issue is a health problem that significantly affects how a person feels, thinks, behaves, and interacts with other people. It is diagnosed according to standardised criteria.
Modification
The implementation of a piece of equipment or technology, or modification to an existing piece of equipment or technology, or implementation of a service available, that assists a worker with disability to access or perform essential employment duties of a particular job.
People and Culture Division representative
Any member of any team within the People and Culture division, could include a People and Culture Business Partner, Wellbeing, Health, and Safety representative, Equity, Diversity and Inclusion team member or Talent Acquisition team member.
Workplace adjustment for staff
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Indirect disability discrimination occurs where a requirement or condition is applied equally to people with disability and those without disability, but because of disability, a person does not, will not or is not able to comply with the requirement or condition and is therefore disadvantaged, or;
A person with disability may be able to comply with a requirement or condition if reasonable adjustments are made, but the reasonable adjustments are not made, and the person with disability is disadvantaged.
Workplace adjustments help to remove barriers so that an employee with a disability can perform the essential requirements of their job. Most workplace adjustments are low cost and easy to put in place.