People with disabilities

The University of Notre Dame Australia is committed to fostering an equitable, inclusive and accessible workplace that allows all employees, regardless of ability, to flourish and be the best version of themselves. We understand and value the unique contribution people with a disability bring to our community.

The following provides information, advice and support to employees in managing their disabilities in the workplace regardless of whether their disabilities are pre-existing or have developed in the course of their employment.

Different types of disabilities

Disability includes long-term physical, mental health, intellectual, neurological or sensory differences which, in interaction with various attitudinal and environmental barriers, may hinder full and effective participation in society on an equal basis with others.

People with disability are a very diverse group. There are many types and there can be wide variations of impact on daily living. Many disabilities are not visible, such as anxiety, post-traumatic stress disorder, diabetes or dyslexia.

Disability is a natural part of human diversity and everybody is likely to experience disability at some point in life. Disability may be present from birth, acquired due to illness or accident, or come about with time as a result of age.

Not all disabilities affect an employee’s capacity to work and perform the inherent requirements of their role, however some employees will require support and adjustments to work to the best of their ability.

• Common disabilities

  Some examples of common disabilities are:

  • vision impairment
  • deaf or hard of hearing
  • mental health conditions
  • intellectual disability
  • acquired brain injury
  • autism spectrum disorder
  • physical disability
  • dyslexia
  • dysgraphia
  • dyscalculia
  • attention deficit hyperactive disorder - ADHD
  • neurodevelopmental motor disorders

Workplace adjustments

Workplace adjustments provide people with the opportunity to perform to the best of their ability and be as effective as possible in their role.

Therefore, it may be necessary to make a few changes to the work environment to give an employee with a disability the best possible chance for success. People and Culture are available to support employees and managers consider and implement workplace adjustments.

Many people with a disability do not need adjustments. Those that do will generally be able to tell you what adjustments will work for them. They may already have the equipment with them and all you need to do is help set it up.

• Common workplace adjustments

  Some of the more common adjustments in the workplace are:

  • providing flexible working hours, such as working part-time or starting and finishing later
  • moving a person with disability to a different office, or site closer to their home or onto the ground floor, or allowing them to work from home
  • moving furniture, widening a doorway or providing a ramp so that a person using a wheelchair or other mobility aid can get around comfortably and safely
  • redistributing to other team members some minor duties (i.e. not inherent requirements of a job) that a person with disability finds difficult to do
  • allowing a person with disability time off during working hours for necessary appointments
  • providing extra training, mentoring, supervision and support
  • buying or adapting equipment. For example, voice activated software for someone who is blind or has low vision, a phone that can be amplified for a person who is hard of hearing, or a digital recorder for someone who has difficulty taking written notes
  • structuring tests and interviews so a person with disability can prove their ability to do the job
  • providing Auslan interpreters for a person who is Deaf, or readers who read documents for someone who is blind or has low vision.

• How do I know what is reasonable when making adjustments?

  Employers have to provide reasonable adjustments for a person who has disclosed a disability unless it would cause 'unjustifiable hardship' to the employer.

  Deciding what is 'reasonable' will depend on the individual circumstances. Unjustifiable hardship can include significant financial cost, a building amendment that is not possible because of restrictions, or one that would unfairly disadvantage other employees. (Note: the financial status of the whole University is measured and not just your specific area).

  People and Culture are available to support employees and managers consider and implement workplace adjustments.

  When considering whether an adjustment is reasonable, we need to consider the:

  • effectiveness of the adjustment in helping the employee with disability perform their job
  • practicability of the adjustment
  • financial or other costs of the adjustment
  • extent of the organisation's resources
  • extent of any disruption caused
  • other support available (e.g. the Employment Assistance Fund)
  • nature of your business and the size of your organisation.

• Who is responsible for funding adjustments?

  The Disability Discrimination Act (DDA) obliges employers to make adjustments to the workplace or working arrangements so a person with disability can do their job.

  Different ways to fund reasonable adjustments include:

  Employment Assistance Fund (EAF) through Job Access
  The EAF repays the cost of work-related adjustments and services for people with disability. It is available for people who are about to start a new job or who are already working. This includes (but is not limited to):

  • adjustments to the physical work environment (for example wheelchair ramp, stairlift)
  • adjustments to work vehicles (for example hand controls)
  • adaptive equipment in the workplace (for example Braille device, lifting equipment)
  • communication devices (for example software, PDA's, voice recorders, smartphones and laptops)
  • Auslan interpreting
  • live captioning services
  • specialist services for employees with specific learning disorders and mental health conditions
  • (eg one-on-one training)
  • disability awareness training
  • deafness awareness training
  • mental health first aid training.

  Who is eligible?
  Employers, people with disability and employment service providers may apply for assistance. You can also phone Job Access for help with any questions you may have on 1800 464 800.
  
  Workplace assessments
  The EAF conducts free workplace assessments for eligible employees.
  
  Your budget area
  If your employee is not eligible for Job Access, then your budget area may fund the workplace adjustments required.
  
  Campus Services
  If Job Access funding will not cover the full amount, please consult with Campus Services and Health, Safety and Wellbeing for changes to work areas and common property.

  Contact safety@nd.edu.au for further information on workplace adjustments.

Disclosure & privacy

The term 'disclosure' refers to the personal decision to tell another person or institution about a disability. There is no legal obligation for an employee to disclose their disability, unless it is likely to affect their ability to meet the inherent requirements of the job. The inherent requirements of the job are tasks that must be carried out to get the job done. Not all of the requirements of a job will be inherent and the focus should be on achieving results rather than the means for achieving those results.

Once an employee has disclosed a disability, the employer is then required to consider appropriate responses, including training or work related adjustments, to accommodate the person with disability. Remember that state and federal laws prohibit discriminating against someone because of disability.

• Employer responsibilities

  Once an employee has disclosed a disability, your main obligations under the Disability Discrimination Act (DDA) 1992 are:

  • not to discriminate directly by treating a person with disability less favourably
  • not to discriminate indirectly by treatment which is less favourable in its impact
  • to make reasonable adjustments where required
  • to avoid and prevent harassment of all employees.

• Appropriate questions

  The questions an employer can ask about a disability or injury relate to:

  • any adjustments required to ensure a fair and equitable interview/selection process
  • if or how the disability may impact on the inherent requirements of a job
  • any adjustments that may be required to adequately perform the inherent requirements of the job.

  Any other questions about an individual's disability are inappropriate, including questions about:

  • how the individual acquired their disability
  • specific details of the individual's disability.

• Choosing to disclose

  When, how and if a person with disability chooses to disclose is often affected by factors such as:

  • the type of disability
  • the type of employment opportunity
  • whether the disability is visible or not and how this might affect the prospective employer's judgement of the person's ability to perform particular duties
  • the need for workplace adjustments or supports
  • the attitudes of the interviewers, co-workers or managers.

  An employee with disability is only required to disclose if the disability will affect their job performance or ability to work safely.

• Medication

  An employee is only required to tell their employer about what medications they are taking if there is a likelihood of side effects occurring that will affect their work performance.

• Disclosing information to other parties

  Information about an employee's disability will often involve sensitive personal issues. To encourage employees to be open with you about disability issues you need to be able to assure them that any information they provide will be treated appropriately.
  
  To share the information about an individual's disability with other people within your organisation (e.g. People & Culture), you must get written consent from the individual.
  
  State and federal privacy legislation require organisations to protect all confidential personal information, including information about an individual's disability. As an employer, it is appropriate for you to inform individuals with a disability about the University’s procedures on the collection, use and protection of all confidential material.
  
  It is important to remember that you are required by law to respect the individual's right to privacy. Failing to protect confidential personal information in relation to a person's disability may involve or lead to discrimination in some circumstances.
  
  Further information:

  • Human Rights and Equal Opportunity Commission
  • Privacy Commission

Policies, Procedures and Guidelines

1. Policy: Equal Opportunity
2. Policy: Recruitment and Selection
3. Policy: Flexible Working Arrangements
4. Procedure: Flexible Working Arrangements
5. Guideline: Considering remote and hybrid working

Further information on flexible working eligibility and application process is available at Flexible Working Arrangement.

Resources

Our Employee Assistance Program provided by the Centre for Corporate Health, has a number of resources on their Resilience Box app that may support employees with a disability. Employees and their immediate family members can also access free counselling sessions with qualified psychologists through EAP.

Further information on student disability support is available at Access and Inclusion.

Contact us

People and Culture team is available to assist you with supporting individuals with disabilities in the workplace. You can contact us directly at: