Victorian Current Acts Victorian Current Acts(1) This section applies to a contract worker with a disability who requires adjustments in order to perform the genuine and reasonable requirements of the work.
(2) The principal must make reasonable adjustments unless the contract worker could not or cannot adequately perform the genuine and reasonable requirements of the work even after the adjustments are made.
Example
A principal may be able to make reasonable adjustments for a contract worker with a disability by—
• providing a ramp for access to the workplace or a particular software package for computers;
• modifying work instructions or reference manuals;
• allowing the contract worker to be absent during work hours for rehabilitation, assessment or treatment;
• allowing the contract worker to take breaks more frequently.
(3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—
(a) the contract worker's circumstances, including the nature of the disability; and
(b) the nature of the contract worker's role; and
(c) the nature of the adjustment required to accommodate the disability; and
(d) the financial circumstances of the principal; and
(e) the size and nature of the workplace and the principal's business; and
(f) the effect on the workplace and the principal's business of making the adjustment including—
(i) the financial impact of doing so; and
(ii) the number of persons who would benefit from or be disadvantaged by doing so; and
(iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and
(g) the consequences for the principal of making the adjustment; and
(h) the consequences for the contract worker of not making the adjustment; and
(i) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and
(j) if the principal is a public sector body within the meaning of section 38 of the Disability Act 2006 , any relevant Disability Action Plan made under that section.
(4) For the purposes of subsection (2), in determining whether or not the contract worker could or can adequately perform the genuine and reasonable requirements of the work, all the relevant facts and circumstances must be considered, including—
(a) the contract worker's training, qualifications and experience; and
(b) the contract worker's current performance in the work, if applicable.
(5) A principal is not required to make an adjustment under subsection (2) to the extent that the principal has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.
(6) A principal is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—
(a) a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and
(b) the principal complies with the determination.
S. 23 (Heading) amended by No. 26/2011 s. 34(Sch. item 3.4).
S. 23 amended by No. 26/2011 s. 34(Sch. item 3.5).