Victorian Current Acts Victorian Current ActsS. 20(1) amended by No. 26/2011 s. 34(Sch. item. 3.2).
(1) This section applies to a person with a disability who—
(a) is offered employment or is an employee; and
(b) requires adjustments in order to perform the genuine and reasonable requirements of the employment.
(2) The employer must make reasonable adjustments unless the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made.
Example to s. 20(2) amended by No. 26/2011 s. 34(Sch. item 3.2).
Example
An employer may be able to make reasonable adjustments for a person or employee with a disability by—
• providing a ramp for access to the workplace or a particular software package for computers;
• modifying work instructions or reference manuals;
• allowing the person or employee to be absent during work hours for rehabilitation, assessment or treatment;
• allowing the person or employee to take breaks more frequently.
(3) In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—
S. 20(3)(a) amended by No. 26/2011 s. 34(Sch. item 3.3).
(a) the person's or employee's circumstances, including the nature of his or her disability; and
(b) the nature of the employee's role or the role that is being offered; and
S. 20(3)(c) amended by No. 26/2011 s. 34(Sch. item 3.3).
(c) the nature of the adjustment required to accommodate the person's or employee's disability; 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 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
(g) the consequences for the employer of making the adjustment; and
(h) the consequences for the person or employee of not making the adjustment; and
(i) any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and
S. 20(3)(j) amended by No. 26/2011 s. 7(1)(a).
(j) if the employer 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S. 20(3)(k) repealed by No. 26/2011 s. 7(1)(b).
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(4) For the purposes of subsection (2), in determining whether or not the person or employee could or can adequately perform the genuine and reasonable requirements of the employment, all the relevant facts and circumstances must be considered, including—
(a) the person's or employee's training, qualifications and experience;
(b) the person's or employee's current performance in the employment, if applicable.
S. 20(5) inserted by No. 26/2011 s. 7(2).
(5) An employer is not required to make an adjustment under subsection (2) to the extent that the employer 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. 20(6) inserted by No. 26/2011 s. 7(2).
(6) An employer 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 employer complies with the determination.