Issuing office	People and Culture Division
Date of release	September 2023
Authorised by	Head of People and Culture
Revision number	3.0

Purpose

This policy applies to all Transport Accident Commission (TAC) employees, contractors and temporary resources, as well as individuals applying for TAC recruitment opportunities as an external job applicant.

Scope and overview

The TAC is committed to building a diverse and inclusive work environment that is safe and accessible and embraces the skills and qualities of all our employees.

The TAC understands that there are a range of factors that impact an individual’s employment, and for some, a workplace adjustment may be required to support individuals to perform the inherent requirements of the role.

Workplace adjustments within the workplace allow a person to:

• perform the inherent or essential requirements of their job safely in the workplace
• have equal opportunity in recruitment processes, promotion and ongoing development
• experience equitable terms and conditions of employment
• maximise productivity

Workplace adjustments fulfil the organisation's legal obligations as set out in the Disability Discrimination Act (DDA) 1992.

Definitions

Disability: This policy adopts the broad-ranging definition of disability set out in the Disability Discrimination Act (DDA) 1992. In the context of employment, this can be summarised as a condition either caused by accident, trauma, injury, genetics or disease that may alter an individual’s mental, emotional, sensory or mobility functions to apply for and/or undertake a job in the same way as a person without a disability. This covers physical, sensory, intellectual, learning, neurological and psychiatric disability. Disability may be temporary or permanent, total or partial, lifelong or acquired. The DDA definition also includes a disability that presently exists, previously existed but no longer exists, or may exist in the future for an individual.

Inherent requirements: Core activities and tasks that must be carried out in order to effectively perform a job role. Inherent requirements relate to results, or what must be accomplished, rather than means, or how it is accomplished.

Workplace adjustment: A workplace adjustment (also called a workplace accommodation) is a change to a work process, practice, procedure or environment that enables an employee with a disability to perform their job. Workplace adjustments do not necessarily require any expenditure and may relate to working arrangements or working methods.

Unjustifiable hardship: Unjustifiable hardship occurs when an employer cannot make workplace adjustments to accommodate a worker because the adjustments would cause detriment to the business. The Australian Human Rights Commission (AHRC) has a quick guide on unjustifiable hardship, outlining how the Disability Discrimination Act 1992 (Cth) “provides an exception if the cost or difficulties of providing an adjustment will place an unjustifiable hardship on a person or organisation. However, before coming to this conclusion, a person or organisation should:

• thoroughly consider how access might be provided or adjustments made
• discuss the issues directly with the person or groups involved
• consult relevant sources of advice.

Unjustifiable hardship is based on an assessment of what is fair and reasonable in the circumstances. If the proposed adjustments are likely to cause hardship, it is up to the person or organisation to show that they are unjustified.”

Workplace adjustment passport: A Workplace adjustment passport will be formalised at the completion of this process. The Health, Safety and Wellbeing (HSW) Consultant will support the development of this in collaboration with the applicant/employee, the employee’s Manager and People and Culture (P&C) representative.

A copy of this workplace adjustment passport will be confidentially saved on the HSW permission-only workplace adjustment storage platform (SOLV System).

Communication

The TAC will ensure that all employees and external applicants are made aware of the availability of workplace adjustments. Workplace adjustments may include but are not limited to:

• Making changes to interview processes to enable a person with a disability to demonstrate their ability to do the job
• Job redesign
• Providing additional training, retraining, mentoring or support
• Providing information in suitable formats (e.g. document formats)
• Modifications to equipment or the supply of specialised equipment, furniture or work-related aids
• Flexible work arrangements, or
• Alterations to premises or work areas

Current employees, temporary resources and contractors

The TAC will ensure that the Workplace Adjustment Policy and procedure are communicated and made available to all employees, temporary resources and contractors.

External job applicants

The TAC will ensure all applicants are notified of the availability of workplace adjustments during the recruitment and selection process.

Making a workplace adjustment request

Employees, temporary resources and contractors

Current employees, temporary resources and contractors are encouraged to directly contact their line manager and/or HSW Consultant to discuss workplace adjustments in relation to their current role.

External job applicants

From advertisement through to starting in a new role, external applicants can seek workplace adjustment to ensure the recruitment process allows all prospective applicants an equal opportunity to demonstrate that they are the best person for the role.

Applicants need to inform the nominated P&C representative in writing and/or verbally, at any stage during the recruitment process, if they require workplace adjustments when applying for a role. The P&C representative will work with the applicant, the hiring manager (if appropriate) and an HSW Consultant to develop a proactive solution.

Information about agreed workplace adjustments during a recruitment and selection process should only be communicated to those organisational representatives who need to know e.g. People and Culture or members of the hiring panel. Importantly, if a candidate requests an adjustment to an interview, they may not require an adjustment to their employment and therefore the hiring manager (if not on the interview panel) does not need to be aware of it.

Key contacts

Employees should contact the nominated P&C representative or the hiring manager if a workplace adjustment is required in relation to an internal recruitment process.

Employees, temporary resources and contractors can contact the HSW Team by emailing hsw@tac.vic.gov.au

Workplace adjustment passport form

A workplace adjustment passport form needs to be provided to enable the workplace adjustment request to be assessed. The manager or hiring manager and the HSW Consultant will assist the applicant or employee in completing this passport, where necessary. The completed passport form is to be emailed to hsw@tac.vic.gov.au

Click here for the Workplace Adjustment Passport form

Upon receipt of the workplace adjustment passport form, the HSW Consultant will confirm receipt and confidentially record the request.

Procedure for workplace adjustment requests

Requests for workplace adjustments will be considered by the applicant, Hiring Manager, HSW Consultant or the employee, their Manager and HSW Consultant who will consult with the relevant business stakeholders, if necessary, on the specific adjustment cost practicalities and other considerations before approval.

The Hiring Manager or Manager will either action the workplace adjustment or provide the approved Workplace Adjustment Passport form and recommendation for making the requested workplace adjustment to the HSW Consultant and the relevant business functions, if any, who may be requested to provide information to action the approved workplace adjustments.

Where required, consent will be sought from the applicant or employee prior to contacting the relevant business functions.

The TAC will make every effort to find a suitable workplace adjustment or alternative option where a particular adjustment is requested and it has been found that that it cannot be met without incurring unjustifiable hardship. This will require collaboration with the individual to identify a solution and to ensure the individual is kept informed and updated. Where there are concerns that requested adjustments cannot be accommodated, for reasons of ‘unjustifiable hardship’, the request and documentation should be forwarded to the Senior Manager.

Any decision on an adjustment that cannot be accommodated will be communicated to the employee by the HSW Consultant and will be captured in writing.

Implementation of workplace adjustments

Where a decision is made to implement a workplace adjustment, the HSW Consultant will provide notification verbally and in writing of this outcome to the applicant/employee.

The applicant, hiring manager and HSW Consultant or employee, Manager and HSW Consultant will discuss the logistics of the adjustment/s. All relevant stakeholders will work together to arrange the implementation of the adjustment/s which may include the provision of necessary equipment and/or the amendment of working arrangements.

The usual timeframes in the recruitment and selection process may be extended for the applicant/employee, to accommodate requests for workplace adjustments. Adjustments should be implemented within [7-14 days] from the date of request.

Additional support for workplace adjustments

The HSW Consultant will be responsible for exploring and organising, where necessary, external workplace assessments through the Australian Government’s Employment Assistance Fund (EAF) which can be accessed through JobAccess Services. Further information about EAF and JobAccess can be found at www.jobaccess.gov.au

Privacy and confidentiality

All documents relating to requests for Workplace Adjustments will be kept confidential and will only be disclosed in accordance with the provisions of the Privacy Act 1988 (Cth).

Information about agreed workplace adjustments should only be communicated to those organisational representatives who need to know. Furthermore, the sharing of any other disability-related information will only be shared to others with the written consent of the employee concerned.

All relevant stakeholders involved in the process, including the applicant or employee, are responsible for maintaining confidentiality and privacy requirements of this information at all times.

Supporting materials

The following documents and relevant legislation support and are to be used in conjunction with this policy:

• TAC Enterprise Agreement 2021 - 2025
• Disability Discrimination Act 1992 (Cth)
• Fair Work Act 2009
• Privacy Act 1988 (Cth)
• Occupational Health and Safety Act 2004
• JobAccess Services
• Recruitment & Selection Policy
• Workplace Adjustment Passport Form
• Australian Human Rights Commission
• Confidentiality and Secrecy Policy
• Equal Opportunity Act 2010 (Vic)
• Charter of Human Rights and Responsibilities Act 2006 (Vic)

Review information

Date issued	October  2016
Last review	September 2023
Next review	September 2024
Responsibility	People and Culture division