Victorian Numbered Acts Victorian Numbered Acts(1) This section applies to a person with an impairment 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
An employer may be able to make reasonable adjustments for a person or employee with an impairment 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—
(a) the person's or employee's circumstances, including the nature of his or her impairment; and
(b) the nature of the employee's role or the role that is being offered; and
(c) the nature of the adjustment required to accommodate the person's or employee's impairment; 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
(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; and
(k) any relevant disability standards made under the Disability Discrimination Act 1992 of the Commonwealth.
(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.