Victorian Current Acts Victorian Current ActsS. 33(1) amended by No. 26/2011 s. 34(Sch. item 3.8).
(1) This section applies to a person with a disability who—
(a) is invited to become a partner or is a partner in a firm; and
(b) requires adjustments in order to perform the genuine and reasonable requirements of partnership in the firm.
(2) The firm must make reasonable adjustments unless the person or partner could not or cannot adequately perform the genuine and reasonable requirements of partnership in the firm even after the adjustments are made.
Example to s. 33(2) amended by No. 26/2011 s. 34(Sch. item 3.8).
Example
A firm may be able to make reasonable adjustments for a person or partner with a disability by—
• making physical adjustments to the office in which the person or partner would be working;
• allocating some of the person's or partner's duties to another partner.
(3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—
S. 33(3)(a) amended by No. 26/2011 s. 34(Sch. item 3.9).
(a) the person's or partner's circumstances, including the nature of his or her disability; and
S. 33(3)(b) amended by No. 26/2011 s. 34(Sch. item 3.9).
(b) the nature of the adjustment required to accommodate the person's or partner's disability; and
(c) the financial circumstances of the firm; and
(d) the size and nature of the workplace and the firm's business; and
(e) the effect on the workplace and the firm's business of making the adjustment, including—
(i) the financial impact of doing so;
(ii) the number of persons who would benefit from or be disadvantaged by doing so;
(iii) the impact on efficiency and productivity and, if applicable, on customer service of doing so; and
(f) the consequences for the firm of making the adjustment; and
(g) the consequences for the person or partner of not making the adjustment; and
(h) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and
S. 33(3)(i) amended by No. 26/2011 s. 9(1)(a).
(i) if the firm 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.
S. 33(3)(j) repealed by No. 26/2011 s. 9(1)(b).
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(4) For the purposes of subsection (2), in determining whether or not the person or partner could or can adequately perform the genuine and reasonable requirements of partnership in the firm, all the relevant facts and circumstances must be considered, including—
(a) the person's or partner's training, qualifications and experience;
(b) the partner's current performance in the partnership, if applicable.
S. 33(5) inserted by No. 26/2011 s. 9(2).
(5) A firm is not required to make an adjustment under subsection (2) to the extent that the firm 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.
S. 33(6) inserted by No. 26/2011 s. 9(2).
(6) A firm 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 firm complies with the determination.
S. 34 (Heading) amended by No. 26/2011 s. 34(Sch. item 3.10).
S. 34 amended by No. 26/2011 s. 34(Sch. item 3.11).