Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 45

Service provider must make reasonable adjustments for person with an impairment

    (1)     This section applies—

        (a)     if a person with an impairment requires adjustments to be made to the provision of a service by another person (the service provider ) in order to participate in or access the service or derive any substantial benefit from the service;

        (b)     whether or not the services are provided for payment.

    (2)     The service provider must make reasonable adjustments unless the person could not participate in or access the service or derive any substantial benefit from the service even after the adjustments are made.

Example

A service provider may make reasonable adjustments for a person with an impairment by—

    •     including subtitles in recorded audio-visual presentations;

    •     providing home delivery or making home visits.

    (3)     In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—    

        (a)         the person's circumstances, including the nature of his or her impairment; and

        (b)         the nature of the adjustment required to accommodate the person's impairment; and

        (c)     the financial circumstances of the service provider; and

        (d)     the effect on the service provider 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; and

        (e)     the consequences for the service provider of making the adjustment; and

        (f)     the consequences for the person of the service provider not making the adjustment; and

        (g)     any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

        (h)                 if the service provider 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

              (i)     any relevant disability standards made under the     Disability Discrimination Act 1992 of the Commonwealth.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback