• Section 1 - Purpose and Context
• Section 2 - Definitions
• Section 3 - Policy Statement
• Part A - Disclosure
• Part B - Documentation
• Part C - Responsibilities
• Part D - Assessment
• Part E - Unjustifiable Hardship
• Part F - Adjustment Plan
• Part G - Types of Adjustment
• Part H - Funding
• Part I - Appeals and Grievances
• Section 4 - Procedures
• Section 5 - Guidelines

(1) Effective 28 November 2011, reasonable adjustment in the workplace for people with disabilities is covered by the Disability Policy .

Section 1 - Purpose and Context

(2) The Disability Discrimination Act 1992 (DDA) makes it unlawful to discriminate in the provision of employment, services and facilities by tertiary education institutions against people on the basis that they have, or may have, a disability.

(3) One of the objects of the Disability Discrimination Act, 1992 (DDA) is "to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of work...". It is designed to ensure that people with disabilities are not deprived of equal opportunity in employment and occupation by prejudice, stereotypes, misconceptions or by unnecessary barriers. The Act requires that a person's disability should be taken into account only where it is relevant and fair. This may involve making some adjustments to accommodate the specific needs of a person with a disability in the workplace, unless it imposes unjustifiable hardship. Most workplace adjustments or changes to jobs are simple, cost nothing or are inexpensive, and frequently benefit all employees.

(4) The University of Western Sydney has affirmed its legislative and moral responsibility to providing an environment that offers equal employment opportunity for people with a disability through the development of a Disability Action Plan, in accordance with the DDA, and the adoption of a UWS Disability Policy.

Section 2 - Definitions

(5) For the purposes of this policy the following definitions apply. Note that the definitions of disability, discrimination, associates, reasonable adjustments and unjustifiable hardship are either copied or based on the Disability Discrimination Act 1992.

1. Disability - is defined by section 4(1) of the Disability Discrimination Act 1992 (DDA)
   
   " in relation to a person, to mean:
   (a) total or partial loss of the person's bodily or mental functions;
   (b) total or partial loss of a part of the body;
   (c) the presence in the body of organisms causing disease or illness;
   (d) the presence in the body of organisms capable of causing disease or illness;
   (e) the malfunction, malformation or disfigurement of a part of the person's body;
   (f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
   (g) a disorder, illness or disease that affects a person's thought processes, a perception of reality, emotions or judgement or that results in disturbed behaviour,

   (6)
   and includes a disability that:
   
   

   (h) presently exists;
   (i) previously existed but no longer exists;
   (j) may exist in the future; or
   (k) is imputed to the person."
2. Discrimination - is defined as:
   1. treating or proposing to treat a person with disability less favourably than a person without a disability in circumstances that are the same or not materially different (the circumstances cannot be considered materially different because of the fact that different accommodation or services may be required by the person with a disability); or
   2. requiring a person with a disability to comply with a requirement or condition with which they are unable to comply because of their disability which is not reasonable in the circumstances; or
   3. treating a person with a disability less favourably because they are accompanied by or possess a palliative or
   4. therapeutic device or an auxiliary aid, or an interpreter, reader assistant, carer or a guide dog.
3. Associates - includes people who are a partner, carer, friend, family member or work colleague. The DDA also makes it unlawful to discriminate against people on the basis that their associates have, or may have, a disability.
4. Reasonable adjustments - are the types of adjustments and alterations in the work situation which remove barriers for people with disabilities so that they can perform the inherent requirements of the job. Each situation must be considered in its own circumstances, when determining reasonable accommodation.
5. Unjustifiable hardship - is to be interpreted in terms of the objects of the DDA, with regards to removing discrimination on grounds of disability as far as possible. In determining whether an adjustment would involve unjustifiable hardship, all relevant circumstances of the situation must be taken into account. This includes costs and other disadvantages or difficulties of making the adjustment, and consideration of the benefits which may result to the person with disability, the University and the community.

Section 3 - Policy Statement

(7) The University of Western Sydney is committed to providing fair treatment for all people in employment. Reasonable adjustments in the workplace for people with disabilities will be implemented.

Part A - Disclosure

(8) A staff member, or potential staff member, has no obligation to disclose their disability unless it is likely to affect their performance in the inherent requirements of the position.

(9) If a staff member, or potential staff member, requires workplace adjustments, there is a requirement to disclose their disability. This disclosure can be to the Equity and Diversity Unit, Office of Human Resources, or their supervisor.

(10) Confidentiality regarding a person's disability will be provided.

Part B - Documentation

(11) Staff with disabilities who require adjustment in the workplace will be required to provide documentation of their disability from a recognised medical or other recognised professional specialist. The documentation is not acceptable if more than two years old.

(12) The documentation will include information on the disability and provide recommendations on the appropriate type of workplace adjustments.

(13) A staff member with a disability may request that the medical documentation is only submitted to the Equity and Diversity Unit or nominee, and that the information provided to supervisors is on the basis of the appropriate adjustments required in the workplace.

(14) The University reserves the right to seek an independent medical opinion.

Part C - Responsibilities

(15) Managers and Academic Supervisors will ensure that staff with disabilities are not discriminated against or harassed in the workplace. This includes ensuring that there are no attitudinal or other barriers which result in less favourable treatment of staff with disabilities. They will assist in the implementation of the Adjustment Plan, provide equal access in all areas of employment and any other employment benefits.

(16) Staff with disabilities will determine whether they disclose their disability and the degree of assistance or adjustment which is required.

(17) Equity and Diversity Unit (EDU) staff will co-ordinate the development of an adjustment plan for staff with disabilities, where workplace adjustment is required. The EDU will monitor the implementation of workplace adjustment plans and review the appropriateness and effectiveness of these plans.

Part D - Assessment

(18) Employees with a disability who believe there is a need for adjustment or alterations at work will undertake an assessment by a Equity and Diversity Unit officer.

(19) An assessment will involve a confidential interview where the staff member with a disability is required to:

1. identify the disability, with appropriate medical documentation provided; and
2. identify the type of adjustment required

(20) Where a Worker's Compensation Rehabilitation program is in place under the direction of the Occupational Health Safety and Information Services Unit, the Equity and Diversity Unit will not be required to provide the assessment. However when the Rehabilitation program ceases, the staff member with a disability may request an assessment from the Equity and Diversity Unit.

Part E - Unjustifiable Hardship

(21) Any determination of unjustifiable hardship will:

1. occur after an assessment of the person with a disability;
2. be considered in relation to the individual's situation;
3. include the advice of the Equity and Diversity Unit Officer; and
4. will comply with Clause 10.

Part F - Adjustment Plan

(22) An adjustment plan will be prepared by a Equity and Diversity Unit officer for any staff members with a disability who identify a need for adjustment at work.

(23) The adjustment plan will identify a responsible officer who will have primary responsibility for the implementation of the adjustment plan. The responsible officer may be the immediate supervisor or another manager in the work area.

(24) Staff members with disabilities will contribute to the development of the adjustment plan and liaise with the officer responsible for the implementation of the adjustment plan. The responsible officer will also contribute to the development of the plan.

(25) The adjustment plan will be provided to the staff member and the responsible officer.

(26) Monitoring of the plan will occur annually by the Equity and Diversity Unit unless the staff member identifies a need for other adjustments

Part G - Types of Adjustment

(27) Staff with a disability will identify their individual requirements for adjustment or alterations at work, in consultation with the Equity and Diversity Unit Officer, to enable them to perform the inherent requirements of the job.

(28) Equity and Diversity Unit Officers may consult with appropriate specialist agencies for advice and assistance on different adjustments and alterations in the workplace.

(29) Adjustments and alterations at work can include:

1. modifications to work premises;
2. changes to job design;
3. changes in work schedules and arrangements;
4. modifications to equipment;
5. provision of different work related communications methods;
6. changes in work practices; and
7. supply of specialised equipment.

(30) Adjustments and/or alterations are applicable in all areas of employment including:

1. selection processes;
2. attending employer-approved conferences and other professional development leave, both on and off campus; and
3. staff development and training.

Part H - Funding

(31) Except as provided in clause (35), where funding is required for a specific adjustment for an individual in the workplace, as indicated in clause (32), and the costs of the adjustment are $10,000 or less, then the Division/College employing the staff member with a disability is required to fund the adjustment from their budget. Where funding in excess of $10,000 is required, the Equity and Diversity Unit will seek to obtain approval to access the University's accumulated reserves or the UWS Initiatives Fund in order to fund the cost above $10,000. In other words the Division/College budget covers the first $10,000 of any adjustment cost and beyond that the costs are met centrally.

(32) Where funding is required for a physical adjustment of a capital works type nature, such as access to a building or other facility, the cost, irrespective of the amount, will be met from the annual budget provided for capital works and facilities maintenance.

(33) Review of expenditure arising from the application of this Policy will be undertaken by the Equity and Diversity Unit with a report provided annually to the University Executive, which will include recommendations on requirements to fulfil the policy.

Part I - Appeals and Grievances

(34) Staff who believe they have been treated unfairly on the grounds of disability are encouraged to use the University grievance procedures. Any concerns on matters pertaining to disability discrimination may be referred to the Equity and Diversity Unit.

Section 4 - Procedures

(35) Nil.

Section 5 - Guidelines

(36) Nil.