Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 13A

Employer must accommodate responsibilities as parent or carer of person offered employment

13A. Employer must accommodate responsibilities as parent or carer of person
offered employment



(1) An employer must not, in relation to the work arrangements of a person
offered employment, unreasonably refuse to accommodate the responsibilities
that the person has as a parent or carer.

Example An employer may be able to accommodate a person's responsibilities as
a parent or carer by offering work on the basis that the person could work
additional daily hours to provide for a shorter working week or occasionally
work from home.

(2) In determining whether an employer unreasonably refuses to accommodate the
responsibilities that a person has as a parent or carer, all relevant facts
and circumstances must be considered, including-

   (a)  the person's circumstances, including the nature of his or her
        responsibilities as a parent or carer; and

   (b)  the nature of the role that is on offer; and

   (c)  the nature of the arrangements required to accommodate those
        responsibilities; and

   (d)  the financial circumstances of the employer; and

   (e)  the size and nature of the workplace and the employer's business; and

   (f)  the effect on the workplace and the employer's business of
        accommodating those responsibilities, 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

   (g)  the consequences for the employer of making such accommodation; and

   (h)  the consequences for the person of not making such accommodation.