Reasonable adjustment procedure

PRO-043, Version 1.0, 28 March 2022

Reasonable adjustment procedure

The National Museum of Australia (the Museum) is a major cultural institution charged with researching, collecting, preserving and exhibiting historical material of the Australian nation. Established in 1980, the Museum is a publicly funded institution governed as a statutory authority in the Commonwealth Arts portfolio.

3.1 Purpose

This document outlines the Museum’s procedures to assess and implement reasonable adjustments for employees and prospective employees with permanent or temporary disability, or an injury or illness that impacts on their ability to perform their role or apply for a role with the Museum.

Reasonable adjustment

‘Reasonable adjustment’ refers to the change or modification of workplace practices, procedures, policies, environment or equipment to enable an employee to carry out their duties effectively or a prospective employee to apply for a vacant position. The reasonable adjustment may be either permanent or temporary.

Disability

The Disability Discrimination Act 1992 defines disability in relation to a person as:

1. total or partial loss of the person’s bodily or mental functions; or
2. total or partial loss of a part of the body; or
3. the presence in the body of organisms causing disease or illness; or
4. the presence in the body of organisms capable of causing disease or illness; or
5. the malfunction, malformation or disfigurement of a part of the person’s body; or
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
7. a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour; and includes a disability that:
8. presently exists; or
9. previously existed but no longer exists; or
10. may exist in the future (including because of a genetic predisposition to that disability); or
11. is imputed to a person.

The Museum is committed to fostering a diverse and inclusive workplace. The Museum will work with current or prospective employees and their manager to develop a Reasonable Adjustments Plan to support the individual’s ability to effectively participate in recruitment activities or undertake their duties.

5.1 Application of reasonable adjustment

The Museum will develop and apply reasonable adjustments in circumstances where it is considered necessary, achievable and reasonable to enable an employee to perform the essential activities of their current or future role efficiently, or to partake in other employment activities such as recruitment. When considering if an adjustment is reasonable, the Museum will consider:

• the duties required to be performed by the role
• how effective the adjustment will be in assisting the employee to perform their duties
• the practicality of the adjustment and whether it will cause any disruption, particularly if there are health and safety impacts to other employees
• the Museum’s capacity to meet financial costs of the adjustment.

Any employee or job applicant who discloses a disability, injury or illness is eligible to request a reasonable adjustment. Reasonable adjustments are tailored to meet individual requirements. Examples of the types of reasonable adjustments include:

• physical adjustments: modifying the workplace or workstation
• work arrangements: adjustments to work hours or duties such as part-time work, starting and finishing later, working remotely, assistance in managing workload
• job adjustments: modifying duties, adjusting work methods, providing additional training, modifying work patterns
• technological assistance: providing new or modifying existing equipment and tools, for example, speech-recognition software. There is a general expectation that any purchase equipment must be used for its intended purpose and in line with expectations that may be set out in the workplace conversation
• providing training: to coworkers, supervisor or the individual to perform their role with adjustments.

Examples of the nature of reasonable adjustments are documented in Attachment A – Reasonable adjustment examples.

5.2 When is a reasonable adjustment implemented?

A reasonable adjustment should be considered where an employee, supervisor or HR has identified there may be a need for one. Further information may be sought when considering implementing a reasonable adjustment, which may include medical evidence, independent medical examinations arranged under the Public Service Regulations 1999, job requirements and concerns raised by the employee.

There may be instances in which a reasonable adjustment cannot be accommodated on the basis it would place an unjustifiable hardship on the Museum, which takes into consideration what is fair and reasonable in the circumstances.

5.3 Reasonable adjustments – Employment Assistance Fund

JobAccess is a Commonwealth government initiative that offers help and workplace solutions for people with a disability and employers. JobAccess administers the Employment Assistance Fund (EAF), which can provide financial assistance to eligible people with disability and/or mental health conditions and their employers for workplace modifications, equipment and services.

When engaged, JobAccess will liaise with the employee, manager and HR to review barriers and identify potential solutions. As consistent with the EAF model, any portable equipment remains the property of the employee if they cease employment with the Museum and commence employment elsewhere.

Where an EAF application is declined, the applicant may seek a review of the decision through JobAccess. This may include a resubmission including an amendment of an EAF application.

5.4 Work performance discussions

Supervisors and employees are encouraged to openly and regularly discuss a range of workplace matters, including:

• the inherent requirements of a position
• the employee’s capacity to undertake the duties of a position
• support needed to assist the employee to undertake their duties. Supports can include, but are not limited to, training, job design and equipment.

The Museum’s performance management framework – workplace conversations (WPCs) – is designed to provide additional scheduled opportunities for feedback and support.

Supervisors and employees are encouraged to use their regular interactions and WPCs to identify, monitor and review individual needs to ensure that all employees have the capability and capacity to meet performance expectations. This includes discussing and addressing any need for the Museum to make reasonable adjustments for the employee.

5.5 Documentation

The Museum will capture information relevant to the reasonable adjustment process and has developed a Reasonable Adjustment Passport (Attachment B) that will capture the agreements made between the employee, business unit (BU) manager and HR. This document will provide a summary making it easier for the employee to communicate agreed reasonable adjustments to a new supervisor or team members.

5.6 Review of reasonable adjustment/s

The BU manager and the employee will work with HR to review the currency of reasonable adjustments to support the employee’s needs. The frequency of any review will depend on the nature of the reasonable adjustment and the underlying reason for the adjustments for example, a person with a permanent disability will have a longer review period than someone with a temporary need to implement reasonable adjustments.

5.7 Disputes

By consulting with employees affected by workplace decisions and actions, the Museum aims to avoid disagreements. If a dispute does arise, the Museum will work with the employee to resolve the issue in a timely and transparent manner.

All employees at the Museum are required to comply with the Privacy Act 1988 and the Australian Privacy Principles. Therefore, Museum employees have obligations placed on them regarding the collection, storage, and use and sharing of personal information. Any information collected or created during a reasonable adjustment process will be handled in accordance with these principles.

Executive

The Museum’s Executive will champion the organisation’s commitment to a diverse and inclusive workforce, establishing the Museum as an employer of choice within the APS; not only to meet its legislative requirements but also its social responsibilities. The Executive shall, where possible, support the use of reasonable adjustments and endorse funding initiatives for these commitments.

Business unit manager

Managers will seek assistance from Human Resources for reasonable adjustment measures as soon as practicable after an employee shares information about a disability, injury or illness. BU managers will work cooperatively with the employee, Human Resources and Workplace Modification Assessors (WMAs) to find appropriate solutions, such as with the development of a Reasonable Adjustments Plan. BU managers are responsible for the implementation of any Reasonable Adjustments Plan.

Human Resources

Human Resources will work cooperatively with employees, BU managers and WMAs to assist employees who may need reasonable adjustments. This may involve Human Resources sourcing appropriate expertise to inform the BU manager and Museum on adjustments that need to be made in the workplace and leading the development of a Reasonable Adjustments Plan.

Employees

Employees should consider sharing information about their disability, injury or illness with their BU manager and/or to the Program Manager, Human Resources, if or when it affects their ability to perform the inherent requirements of their position or it creates a health and safety risk to themselves or others in the workplace.

Employees will work cooperatively with their BU manager, Human Resources and WMAs to find an appropriate and reasonable adjustment where applicable.

Employees will accept the recommendations of workstation and workplace assessment and assist in the implementation of any reasonable adjustments while maintaining health and safety for themselves and any others in the workplace.

Comcare reasonable adjustments information sheet

JobAccess Reasonable adjustment Employer Toolkit Resource 2.4

Employment Assistance Fund Guidelines 3.5

The Program Manager, Human Resources represents the Museum in the implementation of this procedure.

9.1 Coverage

All Museum employees, volunteers and applicants for employment opportunities.

9.2 Other related policies

Assistance animals and disability aids guidelines and procedures PRO-008
Rehabilitation policy POL-G-044

9.3 Superseded policies

None

9.4 Monitoring

This procedure is monitored regularly by the Chief Operating Officer and the Manager, Human Resources, and will be reviewed in March 2024.

The Museum’s Reasonable Adjustments Passport form is for employees and supervisors to document any reasonable and necessary adjustment required to reduce or eliminate barriers at work for an employee with an injury, illness or disability, which may be temporary or permanent.

9.5 Personal Details

9.6 Adjustment Details

Workplace impacts of injury, illness, medical condition or disability
(Example – difficulty using stairs or being on feet for prolonged periods)

Workplace adjustment requirements
(Example – I have access to an elevator where possible, take regular breaks to sit as needed)

A disability/medical condition that needs no action, but needs to be brought to the attention of manager
(Example – epilepsy/diabetic/mental illness)

Emergency arrangements
(Example – I have an arrangement with the fire warden to access elevators during evacuation drills)

Do you require a Personal Emergency Evacuate Plan?

Other Support?

Recommended adjustments
(Identify what has been recommended by a medical practitioner or workplace assessment)

Workplace Assessments
List date of last workplace assessment

Who should be informed of these workplace adjustments
(Example – my supervisor, Human Resources, Fire Wardens)

Signatures

Reasonable adjustments that require action by HR should be requested via WHS@nma.gov.au