Disability Awareness for Supervisors

of Apprentices and Trainees

Disability Resource

State Training Services

June 2008
Acknowledgment and Copyright
© NSW Department of Education and Training (DET) 2008. All rights reserved. This work is
copyrighted, but permission is given to trainers and teachers to make copies by
photocopying or other duplicating processes for use within their own training organisations or
in a workplace where training is being conducted. This permission does not extend to the
making of copies for use outside the immediate training environment for which they are
made, nor the making of copies for hire or resale to third parties. Outside these guidelines all
material is subject to copyright under the Copyright Act 1968 (Commonwealth) and
permission must be obtained in writing from the Department of Education and Training and
Equity Matters Consultancy. Such permission shall not be unreasonably withheld.

Acknowledgement
This work has been produced by the NSW Department of Education and Training and has
been written by Anna Mungovan and Jeannette Mangan of Equity Matters Consultancy, with
the assistance of funding provided by the NSW Board of Vocational Education and Training.

Disclaimer
The views expressed in this work do not necessarily represent the views of the NSW
Department of Education and Training. The NSW Department of Education and Training
does not give warranty nor accept any liability in relation to the content of the work.

Information regarding this professional development program is available from State Training
Services.

Address: Training Services Unit

State Training Services
Level 12, 1 Oxford Street Darlinghurst NSW 2010

Telephone: 02 9266 8704

Fax: 02 9266 8590

Or

Equity Matters Consultancy

Mobile: 0422442240
Email: equitymatters@bigpond.com.au

Page | 2
Contents

1. What is a Disability?
- Definition under the Disability Discrimination Act (1992)

2. Did You Know……?

- Research Outcomes: Employment of People with Disabilities
- ‘It Just Makes Sense’…… employing a person with a disability

3. Apprentice and Trainees with a Disability

Overview
Recruitment of an Apprentice/Trainee with a Disability

4. Disability Legislation:
- Relevant Disability Legislation
- Inherent Requirements
- Reasonable Adjustments
- Unjustifiable Hardship
- Case Law

5. Bullying and Harassment

What is Harassment?
What is Bullying?
Employer Responsibilities
Taking Steps to Prevent Discrimination and Harassment
Taking Steps to Deal with Complaints of Discrimination and Harassment

6. Occupational Health and Safety (OH&S)

Research Outcomes: Employees with Disabilities and OH&S
Principles to Guide Employers
Procedure to Assess OH&S Risk and Employees with a Disability

7. Disclosure of Disability
Disability Disclosure in Employment
Responding to Disclosure of Disability
Disclosure of Disability in the Letter of Application or Resume
Disclosure of Disability when the Employer offers a Job Interview
Disclosure of Disability During an Interview
Disclosure of Disability after a Job Offer
Disclosure of Disability in the Job
Non-Disclosure of Disability
Health Questionnaires and Assessments
Privacy and Confidentiality

8. Supports and Services

- List of Services
- List of Useful Websites

Page | 3
 What is a Disability?

What is a ‘Disability’?

In Australia, the term disability’ is defined by the Federal Disability Discrimination Act (DDA)
(1992). The DDA provides a very broad definition of disability which means any any health
condition, disability or impairment is recognised as a disability. Disability is defined by the
DDA as:

disability, in relation to a person, means:

(a) total or partial loss of the person’s bodily or mental functions; or

(b) total or partial loss of a part of the body; or
(c) the presence in the body of organisms causing disease or illness; or
(d) the presence in the body of organisms capable of causing disease or
illness; or
(e) the malfunction, malformation or disfigurement of a part of the person’s
body; or
(f) a disorder or malfunction that results in the person learning differently
from a person without the disorder or malfunction; or
(g) a disorder, illness or disease that affects a person’s thought processes,
perception of reality, emotions or judgment or those results in disturbed
behaviour; 1

The DDA definition of disability also includes a disability that:

- presently exists; or
- previously existed but no longer exists (such as a person who has recovered from
cancer or has had a past episode of mental illness); or
- may exist in the future (such as a hereditary condition that that may develop in the
future); or
- is imputed to a person (something which someone believes a person may have, whether
or not they actually do such as a person may believe that a gay man has HIV/AIDS)

The DDA also covers situations where a person:

• is accompanied by an assistant, interpreter, reader or carer

• is accompanied by a trained animal such as a guide or hearing dog
• uses equipment or an aid such as a wheelchair or hearing aid.

The DDA also covers discrimination against a person because they are an associate of a
person with a disability for example, a family member, partner, friend or carer.

Under these definitions of disability – any of us may have a disability at some point in our
life.
1 Disability Discrimination Act (1992) viewed at
http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/FC69105BAF504384CA2571400006FD7F?OpenDocument

Page | 4
 “Did you know…..?”

People with disabilities can and do succeed in employment. However people with disabilities
often experience barriers in accessing employment due to pre-conceived attitudes of some
employers. Some believe employees with disabilities are not as reliable or efficient as other
workers or are more likely to have an accident.

National and international studies have demonstrated that these ideas are incorrect. These
studies demonstrate that people with disabilities should be assessed on their individual
ability, skills and aptitude and not on stereotyped and pre-conceived attitudes and ideas, just
like anyone else.

Work Attendance, Productivity Rates, Job Retention

• American studies have shown that people with a disability:

o on average, have a better attendance record

o have an average or better productivity rate than other workers
o have an average or better job retention rate 2

• A study conducted on behalf of Telstra Australia found that:

o people with a disability worked on average 4.1 years in a call centre

compared to 3.2 years for people without a disability
o over a 15-month period, people with a disability had 11.8 days absent,
compared to people without a disability who had 19.24 days absent
o when comparing people with a disability to people without a disability in the
areas of performance, productivity and sales - the study found that there were
no significant difference 3

• An American study showed that 86% of employees with disabilities had average or
superior attendance records 4

2 Lester & Caudill, 1987, Noel, 1990, DuPont, 1990, viewed at www.gov.nf.ca/OpeningDoors/ManMyths.htm,
services.admin.utas.edu.au/Gateways/Fact_Sheets/Career_Emp/Employer_Concerns.doc, www.eeo.nsw.gov.au/disabil/equal/
3 Noble, 1999, viewed at www.jobable.gov.au/fact_sheets/benefits_of_employing.asp
4 Carr-Ruffino, 1999, viewed at www.jobable.gov.au/fact_sheets/benefits_of_employing.asp

Page | 5
Workplace Modifications

• An Australian report found that few employees with a disability require workplace
adjustment or job redesign. Most workplace adjustments or changes to jobs are
simple, cost nothing or are inexpensive, and frequently benefit other employees and
the public 5

• A survey of over 800 personnel managers in the UK found that:

o 80% of employers found it easy to adapt their procedures and workplaces to

comply with Britain's Disability Discrimination Act.
o Of the 67% of employers who made interview locations accessible to people
with a disability, 80% found it easy or very easy.
o Of the 69% of employers who made toilets accessible to people with
disabilities, 76% found it easy or very easy.
o Of the 60% of employers who changed questions asked in interviews, 81%
found it easy or very easy 6

• A survey conducted in the USA found that 50% of necessary workplace modifications
cost less than $50; 20% cost $51-$500; 17% cost $501-$1000; and only 13% cost in
excess of $1000 7.

It Just Makes Sense……

Did you know?

• almost 4 million Australians have a disability

• 1 in 5 Australians have one or more disabilities
• people with disability represent 16.6% of Australia’s working age population.
• people with disability are consumers, investors and decision makers.

Taking on an apprentice/trainee with a disability should be viewed as making good business

sense rather than a ‘feel good’ approach. This approach benefits the apprentice/trainee with
a disability but can also improve:

• staff morale
• customer loyalty and
• enhance the reputation of an organisation.

Employing people with disability in your organisation:

• ensures that your workplace is diverse

• reflects the diversity of customers and the community
• promotes a positive view of the organisation.
• enables a better understanding of their customers and ability to meet their needs.

5 C Ronalds, 1992, viewed at www.eeo.nsw.gov.au/disabil/equal/

6 Chartered Institute of Personnel Development (CIPD), 2003, viewed at www.jobable.gov.au/fact_sheets/benefits_of_employing.asp
7 Jones, 1993, viewed at www.gov.nf.ca/OpeningDoors/ManMyths.htm,
services.admin.utas.edu.au/Gateways/Fact_Sheets/Career_Emp/Employer_Concerns.doc, www.eeo.nsw.gov.au/disabil/equal/

Page | 6
Did you know that the following private organisations believe that it ‘just makes sense’ to
employ people with disabilities:

• Benbro Electronics (25% of its workforce are to be employees with disabilities)

• IBM Australia
• Westpac: 4% of staff have a disability (approximately 1100 staff)
• Sparke Helmore Lawyers
• Woolworths Ltd
• Qantas
• Merril Lynch
• McDonalds

Page | 7
 Apprentices and Trainees with a Disability

People with disabilities can, and do, work as apprentices/trainees. Many employers take on
apprentices/trainees with a disability not out of charity but because it makes good business
sense. The main reason why managers employ apprentices/trainees with a disability is
because they were considered the best candidate for the job at the time of recruitment.

Employers who take on an apprentice/trainee with a disability have also considered the other
‘spin off’ positive effects such as:

• staff morale
• customer loyalty
• promoting a positive view of the organisation
• reflecting the diversity of customers and the community therefore enabling a better
understanding of how to meet their needs.

Example of a business employing people with disabilities: Benbro Electronics:

Benbro Electronics designs and manufactures electronic equipment—mostly commercial

and military. Benbro Electronics is a profitable business with a retention rate of an average
of 10.7 years per employee. A minimum of 25 per cent of Benbro employees have a
disability.

John Bennett, Director of Engineering says, ‘

‘When we started the business, my brother and I, of course we wanted to make some
money, but we wanted to make a difference in the community and we wanted to be part of
the community—and part of that is employing people with disabilities’.

‘I think people with disabilities discover that they do have a capability that they do have some
valued skills and they do become a valued member of the community’.

‘Customers love it. I think every person that does business with you respects the fact that
you employ people with disabilities, and I think it includes them in the chain of employing
people with disabilities. Even if they're unable to do it themselves, they feel included just
because they're a customer of yours’.

In 2006 Benbro Electronics won the Prime Ministers Employer of the Year award.

Page | 8
Recruitment of an Apprentice/Trainee with a Disability

There are a number of ways to recruit a suitable person with a disability interested in an
apprentice/ship traineeship:
• contact your local Disability Employment Network (DEN) and/or
• contact your local Job Network member and/or
• contact your local Commonwealth Rehabilitation Service
• contact Disability Works Australia (DWA)
• advertise the position on Australian Job Search.

For specific information about the services that can assist you, refer to the section ‘Supports
and Services’’

Employment of an Apprentice /Trainee with a disability?

Australian Apprenticeship Centres cover all apprenticeships and traineeships. They provide
a one-stop shop to assist you to hire apprentices/trainees, including those with a disability.
Australian Apprenticeships Centres can assist you by:

• providing assistance throughout the duration of the apprenticeship

• administering incentive payments

If you are considering employing or have employed a new apprentice with a disability, you
may be entitled to access:
• Disabled Australian Apprenticeship
Wage Support (DAAWS)
DAAWS is a Federal Government
incentive payment. A weekly wage
subsidy is paid to employers who
employ a new apprentice with a
disability in a new apprenticeship.
DAAWS is also available to an employer traineeship.
who currently employs a new apprentice
with a disability who became disabled
during the apprenticeship.
• Assistance for Tutorial, Interpreter and
Mentor Services
Financial assistance may be made
available to an employer taking on an
apprentice/trainee with a disability.
Assistance can be in the form of tutorial, structure his training program and Gus
interpreting or mentoring support.
For further information about
Australian Apprenticeship Centres,
including Australian Apprenticeships
for People with Disabilities:
• ring 1800 639 629 (freecall)
• check the national database of
Australian Apprenticeship Centres
Example of Disability Support Provisions:
Gus was offered a traineeship in Horticulture
after completing work experience at the local
Golf Course. When interviewed by the
Australian Apprenticeship Centre, Gus and
his employer told the officer that Gus had a
physical and intellectual disability that would
prevent him from undertaking a full time
The employer, Gus and the Australian
Apprenticeship Centre officer agreed to
apply for DAAWS (Disabled Australian
Apprenticeship Wage Support) program and
negotiated a part time traineeship, two days
a week over a thirty month period. TAFE was
able to provide a support teacher on-site for
Gus to assist him and the employer to
attended TAFE for modules he was not able
to access at the workplace.
The Disability Employment Network
service trainer assisted Gus and the
employer to make necessary adjustments at
the workplace to enable Gus to fully
participate in his traineeship 8.

8
Mungovan (2006) Education to Employment Package, Employer Section, Apprentices and Traineeships
Page | 9
 Disability Legislation

Disability Discrimination Act (DDA) 1992

The Disability Discrimination Act (DDA) provides a legal basis to protect people from being
discriminated against and harassed because of their disability. The DDA promotes equal
opportunity and access to all areas of life including employment.

The DDA applies everywhere in Australia and is administered by the Human Rights and
Equal Opportunity Commission.

Anti-Discrimination Act 1977 (NSW)

Each state and territory of Australia has state anti discrimination/equal opportunity legislation
that prohibits discrimination of people with disabilities.

The Anti-Discrimination Act 1977 (NSW) is similar to the DDA and is administered by the
NSW Anti-Discrimination Board.

This Resource outlines the main points under the Federal DDA as the provisions of the NSW
Anti-Discrimination are very similar.

Supervisor Obligations under the Disability Discrimination Act (1992)

The Disability Discrimination Act (DDA) makes it unlawful for an employer/supervisor to

discriminate against someone on the grounds of disability. It is the responsibility of a
supervisor/manager to ensure that all staff are aware of this obligation not to discrimination
against someone on the grounds of their disability.

The DDA covers employees, contract staff, commission agents, agency workers and
partnerships of three or more people.

A supervisor’s main obligations under the DDA are:

• not to discriminate directly by less favourable treatment

• not to discriminate indirectly by treatment which is less favourable in its impact
• to make reasonable adjustments where required (see ‘Reasonable Adjustment’
section below)
• to avoid and prevent harassment. (see ‘Harassment’ section below)

These obligations apply across all aspects of employment including:

• recruitment (including advertising, provision of job information, application forms,

interview arrangements, selection tests, examinations and other inquiries)
• selection of staff
• offers of employment
• employment conditions (salary, duties, requirements, facilities, work environment,
leave or other entitlements, superannuation and any work benefits)
Page | 10
 • training and promotion opportunities
• performance appraisal and complaint processes
• membership of a trade union or trade/professional association.

As a Supervisor, it is important to understand:

• What is Discrimination?
• What is Harassment?
• What are Reasonable Adjustments?
• What are Inherent Requirements?

What is Discrimination?

There are two types of discrimination:

• direct discrimination and

• indirect discrimination

Direct Discrimination:

This is when someone is treated less favourably than a person without a disability in similar
circumstances.

Examples of direct discrimination include:

• not interviewing a potential trainee with a disability because the panel decided that it
would be too costly and too difficult, even though she had the skills and ability

• dismissing an apprentice because the organisation decided that he may need to take
more time off than his peers because of his disability.

An example of Case Law is provided outlining a true scenario where it was determined by
the Human Rights and Equal Opportunity Commission that direct discrimination had
occurred against a person with a disability:

Case Law: Direct Discrimination

Woodhouse v Wood Coffill Funerals (HREOC April 1998).

Background

• Mr Woodhouse:
o had an amputated foot & used a prosthetic foot
o had worn the foot most of his life and rarely had it caused him any physical
restrictions.
o played many sports and generally participated in strenuous physical activity.

Employment history:

• July 1993, Mr Woodhouse was employed with Wood Coffill Funerals as Resident
Officer
• The job was a ‘live in position’
• Duties included:
o the removal of bodies from the place of death,
Page | 11
 o preparing of bodies for viewing
o carrying of coffins during funerals (normally with 2 other employees).
• October 1995, Mr Woodhouse was dismissed from his employment.
• Employer argued:
o Mr Woodhouse was not as stable as other employees when carrying the coffins
o it looked less dignified and put the safety of other employees at risk.
o a number of incidents where the coffin being carried by Mr Woodhouse had
“rocked” and almost been dropped.
o evidence showed that Mr Woodhouse’s gait appeared to increase the usual
rocking or tilting of coffins.

Commission Judgement

• Mr Woodhouse was directly discriminated against because of his disability.

• Mr Woodhouse could not carry the coffins safely for other employees but with
appropriate training Mr Woodhouse could have altered his gait so that he could carry
the coffins more smoothly.
• Providing training would have been a minor expense compared to the cost of
dismissing Mr Woodhouse, evicting him from his residence and then recruiting and
retraining another employee.

Indirect Discrimination

This is when:
• a person with a disability cannot meet a rule, requirement or criteria because of their
disability when people without a disability are more likely to meet it and
• the rule, requirement or criteria could reasonably be changed to meet the needs of
the person with a disability

Indirect discrimination may not be done deliberately and is often due to a lack of awareness
of how it could impact on a person with a disability.

Examples of indirect discrimination include:

• not allowing an apprentice green keeper, who is Deaf, to continue in his job on a golf
course because all staff are required to have excellent hearing in case someone
yelled out that a ball was coming toward them. It is possible to structure the work to
enable the apprentice to work away from the main fairways.

• not allowing hairdressers to cut hair whilst sitting, as the organisation did not believe
that it looked ‘good’. This impacted on the apprentice hairdresser who had a
degenerative back problem which meant she could not stand and cut hair for long
periods of time but was an excellent hairdresser.

An example of Case Law is provided outlining a true scenario where it was determined by
the Federal Magistrates Court of Australia that indirect discrimination had occurred against a
person with a disability:

Page | 12
Case Law: Indirect Discrimination

Rawcliffe v Northern Sydney Central Coast Area Health Service & Ors (2007) FMCA
931, 9 July 2007

Background:

• Mr Rawcliffe had epilepsy

• He was rostered to work a 10 hour day shift between two 10 hour night shifts.
• He explained to his supervisor that he could not work the split shifts because of
health problems relating to his epilepsy medication
• His supervisor agreed at the time
• Later, Mr Rawcliffe’s supervisor directed him to work the split shifts.

Issues:

• Mr Rawcliffe was unable to meet the standard requirement of split shifts

• Split shifts would have resulted in Mr Rawcliffe having different sleep patterns each
week causing serious disadvantage by aggravating his chronic tiredness and sleep
deprivation
• The Supervisor argued she was justified in ignoring Mr Rawcliffe’s request because
he had not ‘formally’ notified of his disability & need for adjustments.

Tribunal Decision

• Discrimination based on disability (indirect discrimination as the standard

requirement of working split shifts could not be met because of disability)
• The direction to return to work split shifts was ‘unreasonable in the circumstances’
• The supervisor was aware of the problems Mr Rawcliffe was having with his
medication at the time.

What are 'Reasonable Adjustments'?

The DDA requires employers and supervisors to make appropriate changes to the workplace
to enable a potential/employee with a disability to equally participate in employment. These
changes are commonly referred to as "reasonable adjustments".

Reasonable adjustments are provided to ensure that employees with disabilities are not
treated less favourably and have the ability to equally compete and work as those without a
disability.

Adjustments are based on individual need so it is important to consult with the employee
with a disability to identify what adjustments are required for them to complete the essential
activities of the job.

Adjustments do not have to be made if they would cause ‘unjustifiable hardship’ such as
excessive costs. Reasonable Adjustments should:

• consider the needs of the apprentice / trainee, as well as your organisation and
clients
• be ‘reasonable’ and

Page | 13
 • enable the person to get the main aspects of the job done– even though they may
have a different technique or use different equipment

Some examples of reasonable adjustments include:

• changes to the work environment,

o modified work stations, lowering or raising desks, relocating filing cabinets or
other items that may limit access

• providing equipment
o computer software such as a screen reader, voice recognition or a speech
synthesiser
o a tape recorder to take and leave messages for a person with a mobility or
vision impairment

• making the workplace accessible

o clear markings on steps for a person with vision impairment
o parking space near a wheelchair accessible entrance or lift.

• modifying equipment
o modified car/forklift for a person with a physical disability
o adding flashing lights to a forklift to indicate reverse action for a person who is
Deaf

• offering flexibility around hours of work

o regular short breaks for an employee with diabetes
o part time work or working from home

• modifying the job such as exchanging some of the tasks from one position for tasks
of another position
o exchanging telephone duties for filing duties for a hearing impaired person
o a person with a mild intellectual disability who uses a computer database may
exchange complex problem solving tasks and replacing with tasks involving
attention to detail

An example of Case Law is provided outlining a true scenario where it was determined
by the NSW Administrative Decisions Tribunal that discrimination had occurred against a
person with a disability because reasonable adjustments were not considered or
provided:

Case Study: Reasonable Adjustments

Higginson v Cargill Australia Ltd, NSW ADT (Sept 2001)

Background:

• Higginson was a fitter in the Wagga Wagga Abattoir for 13 years

• He had knee surgery to remove an artery blockage
• After the operation he could not bend his knee beyond 90 degrees. As a result, he
could not squat.

Issue:

• On return to work Higginson’s doctor provided a certificate stating he was fit for work
Page | 14
 • Cargill’s medical officer found him unfit for work because he was unable to squat or
kneel
• Higginson did not return to work for 42 weeks
• Cargill argued:
o Higginson’s disability was a safety risk because he could not squat to access
work equipment
o high risk of serious injury if he slipped on the floor and extended his knee
more than 90 degrees
• Higginson argued:
o had avoided squatting for many years and used a stool or kneeled with knee
pads to reach inaccessible areas
o while most fitters extended knee beyond 90 degrees, Mr Higginson had
avoided this activity for 10 years.

Tribunal decision:

• Higginson was discriminated against on the basis of his disability

• Cargill had not proven there were any safety risks due to disability
• Personal circumstances and history had not been taken into account
• Cargill had not accurately assessed the core requirements of the job and whether
Higginson could do the job with reasonable adjustments such as using a stool or
knee pads
• Higginson Mr Higginson was awarded $36,469 for loss of income for 9 months.

What are Inherent Requirements of the Job?

It is not discrimination to choose not to employ or promote a person with a disability if the
person cannot meet the inherent or core requirements of the job.

• inherent requirements of a job are the tasks or skills that:

o cannot be allocated elsewhere
o are considered a major part of the job or
o have significant consequences if they are not performed
• Inherent requirements of a job may not be static as a job can change over time.
Example:

The DDA requires employers to assess what the inherent requirements of the job are. This
enables a person with a disability to assess their skills and abilities against the requirements
of the job and whether any reasonable adjustments could assist them to address the
essential requirements of the job.

Examples of Inherent Requirements:

• inherent requirement – a driver's license. A blind person would not be able to meet
this requirement. However, driving may only be a small part of the job which could be
achieved by allocating that role to another staff member or using taxi services.

• inherent requirement - using a telephone. A small adaptation to the telephone may

allow a person with a hearing or physical impairment to meet that inherent
requirement of the job.

Page | 15
 • inherent requirement - heavy lifting. A lifting device may enable a person with a back
injury to perform all aspects of the job.

An example of Case Law is provided outlining a true scenario where it was determined by
the Administrative Decisions Tribunal that discrimination had occurred against a person with
a disability because the employer did not assess if the employee could meet the inherent
requirements of the job with reasonable adjustments:

Case Law: Inherent Requirements

Zraika v Commissioner of Police NSW ADT 2004

Background:

• Mr Zraika has sight impairment in his left eye, resulting from a childhood injury. The
Impairment is amblyopia - loss of vision that is not able to be corrected with glasses
etc.
• September 2002, Mr Zraika applied to NSW Police Service.
• Mr Zraika was active in work and sport that required a reasonable level of vision
• He had a drivers licence and firearms licence for many years.

What happened?

• Mr Zraika’s application was rejected

• An Ophthalmology test confirmed his vision impairment.
• The NSW Police Service stated that poor vision in one eye prevented him from
performing the inherent requirements of the job of a police officer.

Tribunal decision:

• NSW Police Service unlawfully discriminated against Mr Zraika on the basis of

disability
• List of inherent requirements was too broad and general.
• NSW Police failed to:
– take Mr Zraika’s individual circumstances into account
– assess if he could meet the inherent requirements with reasonable
adjustments.
– complete an accurate risk assessment
– consider his past training, qualifications and experience relevant to the job
• Mr Zraika was awarded $10,000 for non-economic loss

What is Unjustifiable Hardship?

Unjustifiable hardship occurs when an employer is unable to provide reasonable

adjustments for a person with a disability as it would be too difficult and would place
hardship on the employer which would be unreasonable.

Unjustifiable hardship depends on the circumstances, including:

• what workplace adjustment the person with a disability is requiring

• what hardship would be caused by making the workplace adjustments
• the costs of implementing the workplace adjustments
Page | 16
 • the financial situation of the employer (for example, requiring a small employer to
install a lift at a cost of $50,000 may be unjustifiable while requiring this of a large
employer may not).

An employer is responsible for thoroughly assessing all requests for work related
adjustments before claiming 'unjustifiable hardship'. This includes assessing:

• direct costs
• any offsetting tax, subsidy or other financial benefits available in relation to the
adjustment or in relation to your employment
• indirect costs and/or benefits, including in relation to productivity of the position
concerned, other employees and the enterprise
• any increase or decrease in sales, revenue or effectiveness of customer service
• what the additional cost is above the normal cost of equipment or facilities for
employees without a disability
• to what extent an adjustment is required in any case by other applicable laws,
standards or agreements
• the employee’s relevant skills, abilities, training and experience 9.

Below is a case study that demonstrates employer/supervisor obligations under the

DDA when working with an employees with a disability:

Trang

• Trang applies for a traineeship with your company

• She interviews well and has completed work experience in the same field
• You send Trang to a medical
• The doctor’s report states:
o Trang does has a significant hearing loss
o Trang would not be able to do the job and that she would be a safety risk.
• Trang is not offered the position.

Is this discrimination?
• Could be – based on disability

What are the issues?

• What are the inherent requirements of the job?
• Is the doctor aware of the specific requirements of the job?
• What are the specific needs or adjustments required by Trang to do the job?
• Can we make those adjustments?
• Will it cause the company unjustifiable hardship?

What will you do?

• Review the doctor’s report
• Do NOT act solely on the report – investigate the inherent requirements and possible
reasonable adjustments for the job.
• Speak to the manager etc in charge of the recruitment process/training.

This example is based on case law: Zraika v commissioner of Police NSW ADT 2004

9
Mungovan (2006) Education to Employment Package, Employer section, Disability Legislation and
Employment, Unjustifiable Hardship
Page | 17
 Harassment and Bullying related to Disability

What is 'Harassment'?

The Disability Discrimination Act protects people from being harassed because of their
disability. This applies to employers, supervisors and co-workers. Harassment toward a
person with a disability may include:

• physical harassment
• verbal abuse and threats, whether it is face-to-face or written and includes notes, e-
mail or graffiti threats
• humiliating them with comments or behaviour
• intentionally excluding them from work related activities
• actions that would cause humiliation, offence, intimidation or distress
• intrusive personal inquiries in relation to their disability.

The behaviour does not have to be repeated or ongoing to be deemed harassment.

What is Bullying?

People are often bullied because of a perceived difference such as having a disability.
Bullying is illegal if it is a form of discrimination and is also illegal under health and safety
legislation.

Bullying is repeated, unreasonable, inappropriate and aggressive behaviour such as:

• Verbal - such as name calling or put downs, threats, teasing, including sexual
harassment and innuendo (it might also be extended to written form through email or
sms).
• Physical - being punched, tripped, kicked or having belongings stolen or damaged. It
might also include sexual abuse.
• Social - Being left out, ignored or having rumours spread about them.
• Psychological - dirty looks or stalked, often less obvious or direct than other forms of
bullying or making them feel intimidated or manipulated.

Employer Responsibilities

An employer, regardless of their size, is legally responsible for discrimination and bullying
harassment which occurs in the workplace unless it can be shown that 'all reasonable
steps' have been taken to prevent and avoid such behaviour. This legal responsibility is
called 'vicarious liability'.

'All reasonable steps' is not defined by the legislation because what is reasonable for a large
organisation may not be reasonable for a small business. ‘All reasonable steps’ should be
worked out on a case-by-case basis.

Page | 18
If reasonable steps have not been taken to reduce the chance of discrimination, bullying and
harassment in the workplace then an employer may be vicariously liable for the conduct of:

• individual employees or groups of employees

• directors, supervisors or managers
• workplace participants (where two people work on the same premises, but have
different employers)
• agents (eg. insurance salespersons operating on a company's behalf)
• contract workers or people being paid commission
• a partner of a company harassing another partner
• members of organisations which grant occupational qualifications
• a person employed by a trade union harassing a member
• a person operating an employment agency who harasses someone who uses the
agency
• those within the usual work environment and at employer sponsored functions such
as seminars, conferences, work functions, Christmas parties, business or field trips.

Taking Steps to Prevent Discrimination, Bullying and Harassment

Examples of 'reasonable steps' to prevent discrimination, bullying and harassment include:

• develop with senior management a comprehensive strategy to address discrimination

and harassment
• develop a written policy which
prohibits discrimination, bullying and
harassment
• consult all staff when developing
anti-discrimination, bullying and anti- Preparing and promoting a written policy on
harassment policies workplace discrimination, bullying and
• regularly distribute and promote the harassment
policy to all levels of the Training staff to identify and prevent
organisation workplace discrimination, bullying and
• translate the policy into other harassment
languages where required Establishing an effective internal complaints
procedure
• discuss and reinforce the policy at
staff meetings Appointing trained harassment contact
• provide the policy and other relevant officers
information to new staff as part of Treating all complaints seriously and
induction investigating them promptly
• review the policy to ensure it is
effective and contains up to date Ensuring that appropriate action is taken to
information address and resolve complaints
• display posters on notice boards Monitoring the workplace environment and
and distribute relevant brochures culture, such as holding staff surveys or
• train all staff on their role in reviewing recruitment practices
implementing the policy
• ensure that managers model appropriate standards of professional conduct at all
times
• conduct awareness raising sessions for staff on discrimination, bullying and
harassment issues
• remove offensive, explicit or pornographic calendars, literature, posters and other
materials from the workplace
• develop a policy prohibiting inappropriate use of computer technology

Page | 19
Taking Steps to Deal with Complaints of Discrimination, Bullying and Harassment

Examples of 'reasonable steps' to deal with discrimination, bullying and harassment

complaints include:

• Putting in place an internal grievance procedure or adapting an existing one to deal

with discrimination/bullying/harassment complaints
• ensure that the workplace policy on discrimination and harassment provides advice
for staff on what to do if they are discriminated against, bullied or harassed.
• Provide a contact person or anti-discrimination/harassment contact officers who are
responsible for:
o providing staff with information on discrimination/bullying/harassment and
clarifying any questions or concerns they may have
o providing confidential advice on the options that are available for dealing with
discrimination/bullying/harassment
o providing advice to an individual who wants to confront the discriminator/
bully/harasser themselves.
• Provide employees who have been discriminated against, bullied or harassed with
access to counselling services or employee assistance programs. (costs should be
fully borne by the employer) 10

10
Human Rights and Equal Opportunity Commission (2006) Information for Employers. Good Practice, Good
Business: eliminating discrimination and harassment in the workplace, Vicarious Liability
Page | 20
 Occupational Health and Safety (OH&S)

Employing people with a disability is often considered a risk due to the concern about
occupational health and safety (OH&S) and the impact it could have on the business. An
investigation by the Human Rights and Equal Opportunity Commission found that employers
were particularly concerned about the risk of:

• unfair dismissal claims

• workers’ compensation claims and therefore an increase in insurance premiums
• discrimination claims

The Australian Safety and Compensation Council recently investigated whether OH&S and
the employment of people with disabilities was a real risk or a perceived risk for businesses.
An outline of the outcomes is highlighted below:

There is no conclusive evidence to support the suggestion that workers with

disability are more likely to be injured at work than other employees.

• An Australian national study in 2002 found that employees with disability have lower
number of OHS incidents and lower workers compensation costs

• Large proportions of people with disability work in white collar employment where the
risk of traumatic injury is low (eg professionals, managers and administrators,
clerical, sales and service workers were the most common occupations for people
with vision loss, chronic pain, intellectual disability and nervous conditions).

• When people with a disability are working in ‘high risk’ industries (eg people with
hearing loss in the construction industry), it is likely that the disability is caused by the
work that they undertook and they continued working in the same industry with
continued exposure after the onset of their disability (eg two thirds of workers with
hearing loss in the construction industry attributed their hearing disability to their
work). Almost half of workers with incomplete use of fingers or arms who worked in
the manufacturing industry also attributed their disability to their work.

• There was no evidence to support the concern that employing a person with a
disability is associated with increased costs such as OH&S and Workers
Compensations insurance and a reduction in productivity.

• the evidence for Australian workers shows that people with a disability do not have a
higher risk of occupational injury, in fact the incidence of occupational injury is lower
for people with disability

Page | 21
Other Studies:

• In 1991, a Victorian study showed that only 4% of employees with a disability claimed
for accidents compared with 14.7% claimed by non-disabled employees 11

• Australian studies have shown that employees with a disability averaged one-sixth
the recorded occupational health and safety incidents of employees without a
disability 12
• American studies have shown that people with a disability:
o are less likely to be injured at work than other employees without a disability 13
o have no measurable effect on Workers Compensation insurance premiums 14

• There is no evidence that people with a disability are more accident-prone. In fact,
research has shown that 98% of employees with a disability have a better or similar
accident record compared to their co-workers without a disability. Only 2% have
worse records 15

Principles to Guide Employers

There is currently no formula in assessing OHS and disability risk. However key principles
regarding OHS and disability have been identified based on the outcomes of cases
presented in Australian legal courts. Having a good knowledge of these principles can guide
you on:

 disability and OHS legislation and how they can operate together and
 core principles to work with when assessing OHS issues for people with disabilities in
the workplace

To date the main principles illustrated by the courts are:

1. Safety is an Inherent Requirement

2. Make Reasonable Adjustments
3. Consider Individual Circumstances
4. Consider the Comparator Test
5. Assess Actual versus Perceived risk
6. Dignity of Risk

1. Safety is an inherent requirement

The safety of all workers, including workers with a disability, is considered an inherent
requirement of the job. It is the responsibility of the employer to administer OH&S
requirements in the workplace for all employees, including employees with a disability.

11 Johnson, R H., 1991, viewed at www.eeo.nsw.gov.au/disabil/equal/

12 Graffam et al., 2002a; 2000; 2002b, viewed at www.jobable.gov.au/fact_sheets/benefits_of_employing.asp
13 Lester & Caudill, 1987, viewed at services.admin.utas.edu.au/Gateways/Fact_Sheets/Career_Emp/Employer_Concerns.doc,
www.eeo.nsw.gov.au/disabil/equal/
14 Noel, 1990, viewed at www.gov.nf.ca/OpeningDoors/ManMyths.htm
15 Disability Access Support Unit, 1998

Page | 22
2. Make Reasonable Adjustments

Under the Disability Discrimination Act (DDA) an employer is required to make reasonable
adjustments (changes and alterations to a job) to enable a person with a disability to meet
the inherent requirements of that job.

Equally, an employer is required to make reasonable adjustments to enable an employee to

meet the health and safety requirements of the job. If an employee is not able to work safely,
the employer must make reasonable adjustments to facilitate the employee’s health and
safety at work. Reasonable adjustments must be made unless they cause unjustifiable
hardship to the employer or business.

3. Consider Individual Circumstances

Don’t make assumptions based on stereotypes! It is not acceptable under law to make
blanket assumptions about a person’s ability to work safely based on their ‘type’ of disability.

4. The Comparator Test

When an employer is assessing an issue or concern related to a person with a disability, it is
important to compare the way in which a person with a disability is treated and the way in
which a person without a disability would be treated with the same issue or concern.

5. Actual v Perceived Risk

This relates to pre-conceived views and attitudes about disability that can create a perceived
risk in the mind of an employer. This may be based on personal views, previous experiences
or inaccurate information. It is important for an employer to objectively assess the actual
OHS risk of an employee with a disability, not the perceived risk.

Procedure to Assess OH&S Risk of Employees with a Disability

When assessing the potential OHS risk of an employee with a disability in the job it is
important to:

 Assess the inherent requirements of the job

The inherent requirements of a job are determined by identifying the work reasonably
required in the position and whether these can be reasonably met in some other way
through reasonable adjustments. Inherent requirements of a job may not be static as
a job can change over time.

 Assess individual skills and abilities, not just their disability

Presumptions can easily be made about the abilities of people with a disability. It is
important for an employer to objectively assess the actual abilities of an employee
with a disability, not the perceived views of the employer. Communicate with the
employee about their skills and experiences, evaluate resume and referee
assessments and assess their work skills in the workplace, just as you would when
assessing the skills and abilities of any employee.

 Identify and implement reasonable adjustments

Reasonable adjustments are when an employer puts in place actions to ensure that
an employee with a disability has the ability to effectively demonstrate their skills and
Page | 23
 abilities in the workplace. Most workplace adjustments or changes to jobs are simple,
cost nothing or are inexpensive, and frequently benefit all employees.

Types of work related adjustments required might include:

• modifications to work premises for example, ensuring that work areas and
facilities are accessible to workers with mobility impairment.
• changes to job design, work schedules or other work practices for example,
providing flexibility in leave arrangements for workers whose disability
requires periodic treatment.
• modifications to equipment for example, fitting of visual as well as audible fire
alarms for Deaf workers.
• the provision of training or other assistance for example, extending training
time for workers with a learning disability
• modifying communication systems or information provision
• flexibility around hours of work

 Reassess the person’s ability to meet the inherent requirements of the job

An employer has the ability to objectively reassess an employee’s ability to meet the
inherent requirements of the job once reasonable adjustments have been put in
place and a period of adjustment has been made. This will determine whether the
employee has the ability to do the job and whether they would be considered an OHS
risk.

 Know how to apply Case Law principles to individual assessment

When reassessing an employee with a disability, use case law principles as a guide.

Adapted from the resource ‘Out of Harm’s Way’.

Below is a case study that demonstrates employer/supervisor obligations under the

DDA when working with an employee with a disability:

Melissa

• Melissa is in the 3rd year of her apprenticeship.

• Her job includes using equipment which is set low and requires squatting to work it.
• Melissa recently had a knee operation and has given you a doctor’s certificate stating
she is now fit for work with one restriction.
o she cannot bend her knew past 90 degrees and so cannot squat.

• You send Melissa to the company medical officer for further review.
• The medical officer states:
o Melissa is NOT fit for work.
o she would not be able to squat so would not be able to complete the inherent
requirements of the job.

• You investigate further & find out the following:

o Melissa has never really squatted to do her job.
o she has an old sports injury which makes it difficult to squat.
o apparently Melissa has been using s low stool to work the equipment for
some time.
o using the stool is against current company rules.

Page | 24
 • You tell your manager what you have found and they tell you Melissa can’t return to
work.

What are the issues?

• Possible discrimination based on disability (injury)

• Is squatting an inherent requirement of the job – or is it just being able to access low
levels?
• Is the stool an OH&S risk? Is it an actual or perceived risk?

What will you do?

• Review the essential requirements of the job

• Review the possibility of Melissa using a stool safely – given she has been using one
safely for some time….
• Do not rely solely on the medical officer – especially given that Melissa has a
specialise report stating she can return to work.

This example is based on case law: Higginson v Cargill Australia Ltd NSW ADT (2001)

Page | 25
 Disclosure of a disability

Disability Disclosure in Employment

People with disabilities often choose to disclose their disability to an employer to:

• put in place work related adjustments to enable them to do the job

• avoid misunderstanding or labelling by others
• create an opportunity to educate others about disability and its impact
• be upfront with an employer who they feel they can trust
• access services and supports

However, many employees are fearful of disclosing their disability because:

• they may be discriminated against

• they may be denied opportunities, such as a job or promotion they really want
• they may be denied certain entitlements
• they may be seen differently and provoke curiosity or unnecessary concern in others.
• focus may be on their disability and not their abilities
• they believe that their disability will not affect their job performance
• they believe an employer will see them as a liability and a potential expense
• some employers may have preset and unrealistic attitudes about people with
disabilities.

Responding To Disclosure of Disability

There is no legal obligation for an employee to disclose their disability to an employer unless
it is likely to affect their performance to meet the inherent requirements of the job or course.
The decision for an employee to disclose their disability to you as an employer is a personal
choice. Disclosure is an individual decision, depending on the circumstances, the context
and personal comfort zone.

Employees with a disability may choose to disclose their disability:

• in their letter of application

• prior to or at a job interview
• when the job offer is made
• during a health assessment
• in the job

As an employer/supervisor, you may be faced with an employee disclosing their disability to

you or you may suspect someone has a disability but the employee does not disclose to you.
It can be difficult and confusing to know how to best manage the situation and understand
what your role and responsibility is, both to the employee and the organisation. To assist,
your role and responsibility at the different points of disclosure is outlined below:

Page | 26
Disclosure of Disability in the Letter of Application or Resume

An applicant may choose to disclose their disability in their Curriculum Vitae (CV) and/or
application letter. The person's disability and life experiences may be provided at this point if
it is relevant to the position or if the person wishes to present all information at the start of
their application process. Applicants with disabilities may also identify adjustments in the
workplace that would be required if they were successful.

Employer/supervisor role:

It is the employer's responsibility to:

• ensure that the applicant is not rejected from the application process due to their
disability
• assess all applications, including the application of the person with a disability, by
evaluating whether the information presented in the application addresses the
requirements of the job.

Disclosure of Disability when the Employer offers a Job Interview

An applicant may choose to disclose their disability when an interview offer is made. The
reason to disclose at this point may be to:

• prepare the interview panel

• organise adjustments for the interview; e.g. accessible venue, Auslan sign interpreter
• eliminate any unnecessary stresses or obstacles that may affect their interview
performance.

Employer/supervisor role:

If an applicant discloses their disability prior to a job interview, it is the employer's

responsibility to:

• ensure that the interview panel is informed of the person's disability in a positive
manner
• organise the requested adjustments for the interview.

Disclosure of Disability during the Interview

For people with a visible disability, disclosure at an interview is inevitable. Disclosure of

disability may be addressed by the applicant in the interview to:

• demonstrate their ability, skills, strengths and suitability for the position
• discuss how they manage their disability in their daily life and workplace
• describe how they would undertake the required duties of the position
• address any misconceptions, provide factual information and suggest strategies to
address any obstacles to the job
• prevent the interview panel from forming mistaken or stereotyped ideas of their ability
to perform in the job
• identify any necessary workplace adjustments and how these have been achieved in
previous employment and/or experiences.

Page | 27
Manager/Supervisor and Interview panel's role

It is the responsibility of the employer and interview panel to:

• focus on the merit of the applicant and their abilities rather than their disability
• follow the same interview process for all applicants, including applicants with a
disability
• ask appropriate questions to the applicant about their disability to:
o determine whether they can do the job
o identify any reasonable adjustments required
• reduce misunderstandings by letting the applicant know why you are asking about
their disability
• not ask inappropriate questions of the applicant about their disability that may cause
humiliation and/or be used as a basis for discriminatory decisions
• ensure all disability specific information is kept private and confidential

Disclosure of Disability after a Job Offer

When a position of employment has been offered to a person with a disability, they may
choose to disclose their disability to the employer. Disclosure at this point may occur to:

• identify and negotiate work related adjustments

• inform the employer as a precautionary measure should any disability specific issues
arise whilst they are in the position
• evaluate whether the employer and/or workplace is supportive of working with people
with disabilities.

Employer/supervisor role:

• be respectful of the applicant when they have disclosed their disability. As an

employer you may be disappointed that the applicant did not disclose their disability
earlier. An applicant may have chosen not to disclose their disability because they
may have felt that it would have jeopardised their chances of getting the job
• discuss with the applicant the type of work related adjustments that may be required ,
if any
• organise any reasonable work related adjustments required for the job
• finance any work related adjustments negotiated (unless it may cause unjustifiable
hardship)
• keep all information in a private and confidential manner.

Disclosure of Disability in the Job

Many employees choose not to disclose their disability in the early stages of their job,
sometimes for fear of discrimination, sometimes because they are able to manage their
workload or they don't require any additional support. However, every employee's situation
can change for a variety of reasons and this may impact on their decision to disclose.

Disclosure whilst in the job may occur as a pro-active measure or due to a crisis that
requires some form of intervention.

Page | 28
Employer/Supervisor Role:

• meet with the employee to discuss disability specific issues and inform them about
available support structures and services in the organisation.
• meet with the employee and talk about the type of work related adjustments they
may need to do the job
• organise any work reasonable related adjustments and let the employee know.

If an employee discloses their disability during a disciplinary / performance appraisal meeting

as a reason for poor work performance, which had previously not been disclosed, it is the
responsibility of the employer to:

• stop the disciplinary process

• address the disability issues with the employee, in a sensitive manner
• discuss and identify work related adjustments to assist the employee to meet the
inherent requirements of the position
• provide a timeline to implement the work related adjustments
• if poor work performance continues after the identified timeline, recommence the
disciplinary process with the employee.

Note: the identification of disability issues should not be ignored but it should also not be
used as a means of terminating employment. However if that employee cannot do the core
parts of the job, even when reasonable adjustments has been provided, they may be
dismissed without unlawful discrimination occurring.

Non-disclosure of Disability

The decision to disclose a disability in the employment sector is a personal choice.

Disclosure is an individual decision, depending on the circumstances, the context and how
comfortable the person feels about it.

Many people with disabilities have made the personal decision that disclosure of disability
should not occur whilst seeking, accessing and maintaining employment.

Employer/Supervisor Role

Where an employee has not disclosed a disability, employers are not responsible for
providing employment related adjustments.

Health Questionnaires and Assessments

An applicant with a disability may choose to disclose their disability on a medical

questionnaire.

Employer/Supervisor Role

It is the responsibility of the employer and interview panel to:

Ensure that questions on a medical assessment are appropriate. Direct questions may be
asked about an applicant's disability as well as health status on a medical questionnaire
provided:

• they are directly relevant to the inherent requirements for the job
• they are not an undue invasion of privacy
• they are not used for discriminatory purposes eg an employer may ask whether there
is any pre-existing medical condition but it would be unlawful for the employer to
Page | 29
 withdraw an offer of employment unless they could demonstrate the employee was
unable to fulfil the inherent requirements of that position.

Privacy and Confidentiality

Employers are required to comply with privacy principles in accordance with the Privacy and
Personal Information Protection Act 1998 (NSW).

An applicant/employee with a disability has the right to have their privacy, dignity and
confidentiality recognised and respected. In particular, an employer/supervisor should:

• gain the permission of the employee if they wish to inform other staff about that
person's disability
• discuss with the employee whether they feel comfortable with nominated staff
knowing about their disability or medical condition.

The employee may refuse to have disability-specific information communicated to other staff.
In this instance, only information related to workplace adjustments required for the employee
can be forwarded on to relevant departments, not specific disability information.

Failing to protect confidential personal information in relation to a person's disability is a

breach of the Privacy and Personal Information Protection Act 1998 (NSW) and could lead to
legal action against the employer. It can also lead to discrimination as well as discouraging
disclosure and discussion of disability-related issues.

Privacy principles are not only critical for developing and maintaining trust but are essential
when handling sensitive personal information.

Adapted from the resource ‘Choosing Your Path. Disclosure; it’s a Personal Decision’

Below is a case study that demonstrates employer/supervisor obligations under the

DDA when working with an employee with a disability:

Tamara

• Tamara is a trainee in your office.

• You have only been her supervisor for 6 months.
• Generally Tamara has worked well but lately you’ve noticed some issues with her
work, including:
o making more mistakes in her work than she used to.
o being late for work a number of times
o sitting alone at lunch times
o yelling at a co-worker recently.
• You are now meeting with her to discuss her work performance.
• During the meeting Tamara tells you that she has an intellectual disability and needs
more training and support.
• You are not sure whether to believe Tamara because it sounds like an excuse.
• You discuss this with your manager
• He tells you that Tamara did have support from some ‘employment agency’ initially,
but that was just at the interview.
• Your manager does not want you to use any outside agencies because it’s a small
office, other staff might think it’s strange or unfair if Tamara gets more help than
them.
• As far as you know, no one else in the office knows Tamara has an intellectual
disability.

Page | 30
What are the issues?

• Disclosure of her disability during a performance review

• Confidentiality of Tamara’s disability from other staff
• What is Tamara’s disability? What supports does she need? What adjustments are
required? Are they reasonable?
• Can you still manage Tamara’s performance?

What will you do?`

• Discuss needs with Tamara

• Contact relevant agencies for advice and support. Discuss the need for strict
confidentiality with relvant staff dealing with the issue
• Explain to Tamara that support may be available – is she willing to have that support
in the workplace?
• Access support
• Set up a process for reviewing Tamara’s performance – after supports have been put
in place.

This scenario is based on case law: Case law:

1. Barker v Mitsubishi Motors Australia SAIR 2002
2. Rawcliffe v Northern Sydney Central Coast Area Health FMCA 2007

Page | 31
 Supports and Services

List of Disability Support Services

• Disability Employment Network Providers

Disability Employment Network (DEN)provides free services to:

o assist people with disabilities to get and keep a job
o to assist employers to employ people with disabilities, including recruitment
services, advice on making appropriate workplace adjustments and ongoing
support.
o assist in recruiting and supporting apprentices and trainees with a disability.

There are over 220 services nationally, which are funded by the Federal Department
of Education, Employment and Workplace Relations (DEEWR).

To access a DEN provider in your region, refer to:

o National database of Disability Employment Network Services

• Job Network Members

Job Network is a national employment initiative that funds a network of private and
community organisations to assist jobseekers to find employment. The free service is
also available to you as an employer if you require assistance marketing jobs and
finding the right candidates for apprentices/traineeships or employment.

To access a Job Network member in your region refer to:

o National database of Job Network members or

o Contact 13 17 15.

• Vocational Rehabilitation Services

Vocational Rehabilitation Services assist people with a disability, injury or health

condition to:
• gain and/or maintain employment
Page | 32
 • assist you as an employer to identify possible applicants for
apprenticeships/traineeships, jobs
• assist with issues such as when an injured worker returns to work. Vocational
Rehabilitation Services are offered through organisations that are contracted by the
Department of Employment and Workplace Relations.

To access a Vocational Rehabilitation Service refer to:

o CRS Australia:

- Freecall 1800 624 824

- TTY: 02 9242 4872

CRS website

Centrelink:

o Telephone: 13 2717
o List of Centrelink Customer Service Centres

• The Australian Employment Network on Disability

The Australian Employment Network on Disability (formally known as Employers

Making a Difference (EMAD)) is a not for profit organisation funded by its members to
operate as a strategic business partner with companies, organisations and
governments employing people with a disability.

Refer to the Australian Employment Network on Disability Website

• Disability Works Australia (DWA)

DWA is a national service to facilitate the promotion of employment opportunities for

people with disabilities. They provide employers with access to a single, free,
effective contact point for recruiting people with disabilities. DWA will work with
employers by linking them with Disability Employment Network services and facilitate
the initial development of working relationships between employers and DEN’s.

For further information refer to the Disability Works Australia (DWA) website

List of Useful Websites

For a comprehensive listing of national and international websites specific to

employment and disability, refer to:

• Education to Employment Package for Graduates with Disabilities and

Employers, website listing

• Australian Disability Clearinghouse on Education and Training

• Australian Apprenticeships Training Information Services

Page | 33
Resources:

• Anti-Discrimination Board of NSW (2007) Guidelines for Managers and Supervisors;

Preventing Discrimination and Harassment, Promoting Equal Opportunity, NSW ,
Australia

• Australian Employers Network on Disability website, Australia

• Australian Safety and Compensation Council (2007) Are People with Disability at
Risk at Work? A Review of the Evidence, Australia

• Australian Safety and Compensation Council (2007) Information Sheet: Safe, Diverse
and Productive – A Workplace with People with Disabilities, Australia

• Burns, L (2005) Resource Guide: Occupational Health and Safety and Disability
Discrimination Law: A Resource Guide to Assist Employers, Educators, Employees
and Students with Disabilities (PDF document), University of Western Sydney, NSW ,
Australia

• Human Rights and Equal Opportunity Commission, Disability Rights website,

Australia

• Human Rights and Equal Opportunity Commission (2006) Information for Employers.
Good Practice, Good Business: Elimination of Discrimination and Harassment in the
Workplace, Vicarious Liability, Australia

• Human Rights and Equal Opportunity Commission (2006) National Inquiry into
Employment and Disability, Australia

• Jobaccess (2007) Benbro Electronics Transcript, Australia

• Mungovan, A & Quigley, F (2003) Choosing Your Path: Disclosure, It’s a Personal
Decision, University of Western Sydney, NSW , Australia

• Mungovan,.A (2006) Education to Employment Package for Graduates with

Disabilities and Employers, University of Western Sydney, NSW , Australia

• Mungovan,.A (2006) Education to Employment Package for Graduates with

Disabilities and Employers, Dispelling the Myths and Stereotypes, University of
Western Sydney, NSW , Australia

• NSW Department of Education and Training, TAFE Disability Programs (2000)

Sprinting ahead - Improving your Services to Customers with a Disability, NSW ,
Australia

• NSW Department of Education and Training, TAFE Disability Programs (2007)

Beyond Expectations DVD series – 55 Profiles, NSW , Australia

• NSW Disability Discrimination Legal Centre (2004) Using Disability Discrimination

and Law, NSW , Australia

• Reach Out.com (2008) Bullying – What is it?, NSW , Australia

Page | 34