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Legislative Framework

Legislative Framework. Rights and Responsibilities Fairness and Resolution Branch. Overview. Definition of disability Responsibilities Inherent requirements of the job Reasonable adjustment - what is ‘reasonable’? Developing reasonable adjustments Resources. Definition of disability.

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Legislative Framework

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  1. Legislative Framework Rights and Responsibilities Fairness and Resolution Branch

  2. Overview • Definition of disability • Responsibilities • Inherent requirements of the job • Reasonable adjustment - what is ‘reasonable’? • Developing reasonable adjustments • Resources

  3. Definition of disability • Definition is as per the Disability Discrimination Act 1992 (DDA) • Definition in DDA is very broad • Condition that has lasted or is likely to last more that six months • Includes: illness, physical, mental, intellectual, and learning conditions

  4. Responsibilities - Supervisor • Consider principles and values when I make decisions. • Promptly and constructively manage underperformance. • Actively and constructively manage conflict as soon as it arises. • Communicate and consult with my employees openly and honestly. • Support my employees in achieving life balance. • Embrace flexible work practices, such as part-time and home based work to maximise workforce participation.

  5. Responsibilities - Employee • Understand and exhibit the required behaviours. • Establish and maintain productive workplace relationships and manage issues, problems and conflict. • Undertake rehabilitation when needed for returning to work after illness or injury. • Apply safety issues as a key consideration in my daily duties. • Treat people fairly and with respect.

  6. Inherent requirements • Inherent requirement refers to the core aspects of a role • Inherent requirements includes outcomes, behavioural and safety aspects of role • Inherent requirements is outcomes not how the role is performed

  7. Reasonable Adjustment • Reasonable adjustment refers to changes to the work or workplace to assist a person to meet the inherent requirements

  8. What is reasonable? ‘Reasonableness’ considers the impact on: • delivery of outcomes; • the workload of other Defence personnel including work colleagues and clients; and • cost.

  9. Developing reasonable adjustment • What are the inherent requirements of the job? • What parts of the work or workplace are posing difficulties? • What adjustment could be made to address these difficulties? • Are these adjustments likely to address the difficulties? • Are the proposed adjustments reasonable?

  10. Resources Defence disAbility site: • http://intranet.defence.gov.au/fr/disability/disabilityhome.htm • DPI 2/2002 – Department of Defence Access and Disability Policy • DPI 6/2004 – Procedures for the provision of Assistive Technical Office Equipment for the Department of Defence employees with disabilities

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