Department of Customer Service Workplace Adjustments Policy

Purpose

The Department of Customer Service (DCS) is committed to creating an inclusive workplace that enables genuine participation and contribution, regardless of seen or unseen individual differences. Our ‘Inclusion Benefits Everyone’ strategy aligns to DCS’ vision to make NSW a safer, fairer, easier and more productive place to live and work. 

The purpose of this policy is to establish a consistent and effective system that encourages workplace adjustments, enables an individual’s full participation in the workplace, and to align with the social model of disability at DCS. This policy has a particular focus on people with disability and carers of people with disability. 

The policy outlines individual responsibilities and procedures for how workplace adjustments may be requested and implemented.  

The policy complements any existing workplace adjustments or future passport or processes within DCS. Workplace adjustments may be discussed and requested at any time during a recruitment process and during employment.    

The Disability Discrimination Act 1992 (Cth) (DDA) and the Anti-Discrimination Act 1977 (NSW) (ADA) apply to the provision of workplace adjustments by NSW Government employers. Employers are required to make reasonable workplace adjustments unless it causes the agency unjustifiable hardship to do so, or where, even after the workplace adjustments have been made, the employee would still be unable to carry out the inherent requirements of the particular employment.

Scope

Which part of the DCS portfolio does this policy cover?

This policy covers all persons who are employed by the Department of Customer Service, Service NSW, Office of the Independent Review Officer (IRO) and SafeWork NSW.

This includes: 

• employees of the NSW Department of Customer Service whether ongoing, temporary, or casual (this includes those employees who work for a specific group within DCS where you are still an employee of DCS under the Government Sector Employment Act 2013 (NSW), for example SIRA or Revenue NSW).
• employees of Service NSW whether ongoing, temporary, or casual.
• employees of the Office of the Independent Review Officer (IRO) whether ongoing, temporary or casual.
• employees of SafeWork NSW whether ongoing, temporary, or casual.
• any employee of another public sector agency on secondment to DCS.
• in this policy, reference to ‘DCS employees’ is intended to refer to all of the above who are covered by this policy. Reference to ‘DCS’ is intended to refer to the groups and agencies within DCS portfolio listed above.

Who does this policy apply to?

This policy applies to any employee who requests a workplace adjustment to assist them to participate fully in the workplace. 

This may include an employee with disability and/or an employee with a particular physical or other characteristic that impacts on their full participation in the workplace. This could include an employee who has been injured, which could result in temporary disability, whether or not the injury meets the definition of a disability in the DDA and the ADA.

This may also include employees who are carers of people with disability. This includes employees who provide unpaid care to a person with disability, chronic illness, mental health condition, frailty due to age, dementia, or drug or alcohol dependency. For example, a parent of a neurodivergent child or someone caring for an elderly family member. When the term ‘carer’ is used in this policy, it is intended to be limited to carers of people with disability according to the definition of ‘carer’ at section 3.

This policy also applies to candidates with disability or who are carers who apply for roles at DCS, where workplace adjustments may be required to ensure equitable access to recruitment and assessment processes.
While contingent labour (typically referred to as ‘contractors’) must arrange workplace adjustments through their direct employer, DCS will support implementation of those adjustments in DCS workplaces where practicable.

Interaction of other policies with this policy

An employee who is seeking flexible working arrangements as a workplace adjustment due to disability or due to caring for a person with disability should seek such arrangements under this policy and not under the DCS Flexible Working Policy. The requirements of the Premier’s Circular C2024-03 NSW Government Sector Workplace Presence do not override this Policy when a person with disability or in a carer role genuinely requires a workplace adjustment to work from home for a majority of or 100% of the time.

This policy does not address the employer’s obligations under the Workers Compensation Act 1987 (NSW) or the Workplace Injury Management and Workers Compensation Act 1998 (NSW). Additional and different obligations may apply in relation to employees who have a work-related injury or illness. Employees should refer to the DCS Return to Work Program and the information provided on the Recover at Work page on the DCS intranet for information on work-related injuries or illness.

Legislation

Under DDA and the ADA it is unlawful to discriminate against a person on the ground of disability. DCS and other NSW Government Sector employers are required to comply with both Acts.

Under the DDA, a person discriminates against a person on the ground of a disability by not making or proposing not to make reasonable adjustments for the person, where the failure to make reasonable adjustments has the effect that the person is, because of the disability, treated less favourably than a person without the disability in circumstances that are not materially different. 

Under both the DDA and ADA, it is unlawful for an employer to discriminate against an employee with disability in the terms and conditions of their employment or by subjecting them to any other detriment. Failure to provide workplace adjustments may constitute discrimination against the employee on the ground of disability in employment.    

Both the DDA and ADA provide an exception if providing a workplace adjustment or providing services and facilities will place an unjustifiable hardship on the employer. All the circumstances are relevant when determining whether making an adjustment would impose an unjustifiable hardship on the employer.  

Both the DDA and ADA also provide an exception if the person with a disability would be unable to carry out the inherent requirements of the particular work, even if the employer made reasonable adjustments for the person.

Under the DDA and ADA it is unlawful to discriminate against a person who has a relative or an associate with disability. ‘Associate’ under the DDA includes a spouse, another person living with the employee on a genuine domestic basis, a relative, a carer, or a person in a business, sporting or recreational relationship. ‘Associate’ under the ADA means any person with whom the person associates, whether socially or in business or commerce, or otherwise, or any person who is wholly or mainly dependent on, or a member of the household of, the person.

Under the DDA and ADA it is unlawful to discriminate against a person on the basis of their responsibilities as a carer. The protection for carers under the ADA will not apply to everyone that has carer responsibilities for a person with a disability. A carer must be a person, who provides care for or support to their child, a child or adult for whom they are a guardian, authorised carer or an immediate family member. 

Under the Work Health and Safety Act 2011 (NSW) (WHS Act), organisations must ensure, so far as is reasonably practicable, the health and safety of workers and that the health and safety of others is not put at risk. This includes a positive duty to eliminate risks identified including potential risks to the health, safety and wellbeing of all employees. In the making of reasonable adjustments for employees in an effort to comply with the ADA and DDA, the employer must also have careful regard at all times to the need to ensure the health and safety of those employees as required by the WHS Act.

As an employer DCS has an obligation to ensure that it makes reasonable adjustments to any digital goods and services they require their staff to use as it can create health and safety risks if people with disability are required to use technology that is inaccessible to them.

The WHS Act does not override or replace DCS’ responsibilities under anti-discrimination legislation. Workplaces need to be able to manage both legal responsibilities so that workers can participate fully in the workplace without creating an unacceptable risk to their health and safety or the health and safety of other people in the workplace.  

All information relating to specific requests for workplace adjustments must be kept confidential and be dealt with and disclosed only in accordance with the provisions of the State Records Act 1998 (NSW), the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW), as applicable. 

See Appendix 2: Legislation

What is a workplace adjustment?

Effective workplace adjustments are an important enabler for people with disability and carers, as they support people to:

• perform at their best
• work productively
• work in a safe environment
• be included
• increase their engagement and motivation to improve performance.

Adjustments can range from changes to equipment, work practices and environment, and may change over time as people’s needs change. 

Workplaces need to consider all options for adjustment for employees to perform their role.  There are many reasons why someone may require an adjustment and there may be wide variations on how work is impacted. 

Most adjustments are simple to arrange and involve little to no cost. What’s most important is for people to have what they need and be able to perform their role and participate in the workplace on an equal basis with others.

Potential workplace adjustments may include, but are not limited to:

Workplace practice 

• Flexible working arrangements for example flexible start and finish times, working from home, working part-time, working in different locations. (other examples of flexible work can be found on the Office of the Public Service Commissioner website).
• Changing how information is communicated in the workplace, including:
  • accessible meetings (transcripts, captioning, accessible rooms) and providing Auslan interpretation, Easy Read documents or emailing or using Microsoft Teams rather than phone calls, or vice versa  
  • structured communication - clearly defining communication expectations and using written communication methods (for example, email, messaging apps) for instructions and task assignments.
• Providing a support worker or Auslan-English interpreter or captioning service.
• Ensuring workplace documents and web content are accessible for the particular disability if this is not already the case.  
• Providing information in requested formats or providing additional time for an employee to process information or at preferred times.
• Modifying the job requirements for example, co-workers exchanging tasks, adjusting a non-essential job task by customising a role to fit the employee’s skills and support needs while still meeting the needs of employer.
• Adapting performance and development programs to meet individual needs.

Workplace environment 

• Occupational therapist assessment, ergonomic desk and chair assessment.
• Braille signage in communal work locations for example, meeting rooms, photocopier area, kitchen.
• Providing a workspace with adjustable lighting, noise-cancelling headphones, or a quiet area to accommodate sensory sensitivities.
• Permanent and portable hearing loops.
• An accessible parking space close to the work location for an employee who uses a wheelchair, has mobility issues or chronic pain.
• Adaptive switches that enable people to use technology.  
• Modifications to an inaccessible building to enable access to the building or bathroom facilities.  

Assistive Technology 

• Screen readers and screen enlargement applications.
• Voice recognition and transcription programs.
• Automated closed captioning.
• Keyboard and mouse alternatives and adaptions and assistive listening devices. 

Note that requests for BYO assistive technology devices or for DCS to provide new assistive technology devices that have not yet undergone security and privacy assessments by the DCS Cyber Security team or other relevant information security team must be assessed by the appropriate information security team prior to their introduction to the workplace. Note that all information technology use at DCS must be compliant with the DCS IT Acceptable Use Policy.

Recruitment practices 

• Discussing the individual’s specific needs directly (if appropriate).
• Providing a different way to assess the required capabilities of the role or adapting the assessment format.  
• Providing the interview questions to candidates in advance and/or providing more time for assessment tasks.
• Supporting candidates to use their own laptop or assistive technology.
• Checking the interview, time, assessments and room meets individual needs – good lighting, reduced noise, interview seating arrangements.
• Providing options for an Auslan-English interpreter and/or their preferred sound amplification devices such as hearing loops.

Personal equipment and technology that is brought into the workplace must first undergo relevant risk assessments under safety, cyber security and privacy policy requirements and be approved by the relevant team before being introduced to DCS workplaces and systems. Please refer to the DCS IT Acceptable Use Policy, the DCS Privacy Management Plan and the DCS Health Safety and Wellbeing Policy and related procedures for further information.

A list of workplace adjustments that are readily available at DCS and that may be implemented with a short lead time for our employees is available on the Workplace Adjustments intranet page. For all other adjustments not found on this list, employees should discuss these with their manager and the People & Culture Workplace Adjustments team. DCS will make every effort to accommodate this request in accordance with this policy.

Other Matters to consider when arranging workplace adjustments

Personal emergency evacuation plan

Managers must also ask the employee whether they need a Personal Emergency Evacuation Plan (PEEP) and submit any required documentation so a PEEP can be tailored to the employee’s specific needs and location. Please refer to information about the Personal Emergency Evacuation Plan on the DCS intranet Office Emergency Preparedness page.

JobAccess assessment

JobAccess is a Commonwealth initiative to provide support and information for people with disability, employers and service providers. A free assessment with JobAccess is available to assist with selecting appropriate adjustments. Assessments are done by qualified professionals who will assess the workplace for any barriers that may exist for the employee. The assessor then prepares an assessment report and speaks to the employer and employee about any recommended adjustments. Employers and employees can consult the People & Culture Workplace Adjustments team for further guidance.

Funding

Workplace adjustments range from no cost, like varied work schedules or frequent rest breaks, through to adjustments that have substantial costs, like specialised equipment and building modifications.  

Workplace adjustments are funded through the central budget of the Group or Agency where the employee’s role is based. Adjustments that incur a cost will be charged back by the fulfillment team to the relevant Group or Agency. Adjustments will not be funded out of individual managers’ cost centres.

Additional funding support may be available through the JobAccess Employment Assistance Fund (EAF). This is a reimbursement scheme that supports the implementation of a range of adjustments subject to the EAF’s eligibility criteria. JobAccess provides a free Workplace Modification Assessment to assess what adjustments are needed for employees with disability to do their job. It is also available to existing employees if their duties or role have changed, their disability has changed, or a new modification becomes available that would better meet their needs. There is no restriction on the types of adjustments that can be approved under the Fund, as long as the person meets the EAF eligibility criteria.  

Escalating or declining a workplace adjustments request

Managers are to approve all requests for workplace adjustments. However, if the manager is unsure and has concerns that: 

• making a workplace adjustment may impose unjustifiable hardship on the agency, or
• a person may not be able to carry out the inherent requirements of the role, even with services and facilities, like workplace adjustments provided to them,
• the workplace adjustment requested may be otherwise unreasonable,

the matter should be escalated to the People & Culture Workplace Adjustments team who will assess the request and may request further information about the adjustment if considered necessary to determine the employee’s ability to perform the inherent requirements of their role, including their ability to work safely, or to determine and/or implement adjustments. 

Any information requested from an employee for this purpose must be relevant, not excessive and should not unreasonably intrude into the personal affairs of the employee. Only the People and Culture Workplace Adjustments Team will request and collect such information, if necessary, in such a way that will ensure the privacy of all personal and health information is maintained.

Following assessment of the request, the People & Culture Workplace Adjustments team will either make a recommendation to approve the request, or may escalate the request further to the Chief People Officer. The Chief People Officer will then be responsible for further assessing the request and making a recommendation to approve, approve with modifications or decline the request.  

When deciding, the Chief People Officer will:

• thoroughly consider all possible adjustments and how they might be made
• discuss the issues directly with the employee and seek further supporting information as necessary
• consult with a workplace adjustments panel of relevant DCS personnel which is to include a representative from DCS Legal and other corporate support teams relevant to the particular request (for example, Safety and Risk Management, Occupational Health and Recovery, Workplace Services, ICT)
• Consult external sources where applicable - see Appendix 1: Advice and support
• the Chief People Officer will be guided by the advice of the Workplace Adjustments Panel and make a recommendation to the manager and their direct PSSE manager whether to approve, approve with modifications or decline the request for workplace adjustments. 

Note that for some independent agencies who have opted in to this policy, the escalation point will be to their own People department and not to DCS People & Culture.

Unjustifiable hardship exemption

Under the DDA, employers are required to make reasonable adjustments for employees with disabilities, unless it would impose unjustifiable hardship on the employer. Similar requirements apply under the ADA.  

In determining what constitutes unjustifiable hardship on the employer, all relevant circumstances of the particular case must be considered. This includes, but may not be limited to: 

• the nature of the benefit or detriment likely to accrue to, or be suffered by, any person concerned;
• the effect of the disability of any person concerned;
• the financial circumstances, and estimated amount of expenditure required to be made by the employer; and
• the availability of financial and other assistance to the employer. 

Determining whether there will be an unjustifiable hardship requires a balancing of potentially conflicting interests. When claiming unjustifiable hardship, the burden of proving something would impose an unjustifiable hardship lies on the employer. 

Examples of adjustments that have been found not to be reasonable because they would impose an unjustifiable hardship on the employer are: 

• providing a ‘buddy’ for an employee working in patient care in a hospital, who would attend to all duties alongside the employee on an ongoing basis, on the basis that it is unreasonable to expect an employer to effectively employ two individuals to complete the work of one individual, both financially and practically
• a request that all work directions be in writing and the employee be given 24 hours’ notice in writing for any meetings, which would also be attended by a support person. On the basis that an adjustment of this nature would be unworkable in practice, as the employee’s managers would not be permitted to discuss any matter with the employee without 24 hours’ notice and arrangements for a support person.

Examples of adjustments that would not impose an unjustifiable hardship that have been identified in the case law are: 

• modifications to an employee’s workstation enabling them to sit at a stool while serving customers, notwithstanding an employer’s policy to not provide chairs/stools  
• assistance with heavy lifting, such as lifting a wheelchair.

The Disability rights - Australian Human Rights Commission contains information about unjustifiable hardship.

Inherent requirements of the role and other exemptions

There may be some situations that arise for some people with some disabilities or carers where they are unable to carry out a role due to the inherent requirements of that particular role. 

Under the DDA, in limited employment related circumstances, it may not be unlawful to discriminate against another person on the grounds of that person’s disability if, because of the disability, they would be unable to carry out the inherent requirements of the particular work even if reasonable workplace adjustments were made. Similar provisions exist in the ADA.

The inherent requirements of the work will vary depending on what the role is. It is the employer’s responsibility to determine the inherent requirements of the role. The employer should ensure that job advertisements, role descriptions and employment contracts clearly set out the tasks and/or services the employee will perform, the necessary skills and capabilities to do so and the circumstances in which the employment will be carried out. This should be done both during the hiring process or when they are introduced as part of a role re-design.  

The following factors are to be taken into account in determining whether a person would be able to carry out the inherent requirements of the particular work: that person’s past training, qualifications and experience relevant to the particular work, their performance in working for the employer (if they already work for the employer), and any other relevant factors that are reasonable to take into account. 

If a person with disability or carer responsibility cannot perform the inherent requirements of a role because of the disability or carer responsibility, the employer must consider how the employee could be provided with workplace adjustments to help them perform the role. The employer should consult with the prospective or existing employee about how the inherent requirements of a role can be performed.  

There are other exceptions to the disability discrimination provisions, including that it is not unlawful to discriminate if the disability of the person concerned is an infectious disease and the discrimination is reasonably necessary to protect public health, and where discrimination is necessary to comply with other laws or court orders.

Review and grievance pathways

If an employee has a complaint or is otherwise dissatisfied with a decision or issue relating to their request for workplace adjustments, they may follow one of the reporting pathways below. For example, an employee may be dissatisfied with an employer’s decision to decline the employee’s request for a workplace adjustment or with the adjustments offered.

Any resolution process should be accessible for the employee.

Review process

If the employee is dissatisfied with the workplace adjustments decision or the adjustments offered, they may seek a review of the original decision by taking the following steps: 

• the employee may request their Group Lead or, if an independent agency, their Head of Agency to review the decision.
• the Group Lead will meet with the employee to listen to their concerns about the process or decision.
• the Group Lead may contact the parties involved, including the People & Culture Workplace Adjustment team and Chief People Officer to discuss the process or original decision
• independent agencies who have opted in to this policy, this will be their own internal People department
• if following the review, the Group Lead decides to maintain the original decision, the Group Lead will meet with the employee to inform them and provide their reasons
• if following the review, the Group Lead does not agree with the original decision, they will meet with the manager and the Chief People Officer or their equivalent People Director to inform them of the outcome of the review
• the Group Lead will then meet with the employee to inform them of the outcome of the review.

Grievance process

If the employee believes that their manager or another employee has acted inappropriately in relation to their request for workplace adjustments, the employee may lodge a formal complaint. The DCS Positive and Productive Workplace Policy sets out how to lodge a grievance or complaint and the pathways to resolve the complaint. 

Employees may contact a senior executive manager in their division or a People and Culture business partner to raise the grievance and discuss avenues for resolution.

This may involve the facilitation or mediation of an open and respectful conversation between the parties.
Should the matter proceed to a formal investigation under the DCS Misconduct Procedure, investigations should be conducted in a confidential, impartial, timely, fair and accessible manner.  

The senior executive leader and HR business partner must provide the employee with information on how they can access support throughout the grievance process. A list of advice and support services is provided in Appendix 1: Advice and support.

Employees can also report or make a complaint to an authority or regulator, such as Anti-Discrimination NSW or the Australian Human Rights Commission. Please refer to Appendix 1: Advice and support for contact information for these organisations.

Confidentiality and Privacy

In order to make workplace adjustments, some personal and health information may need to be shared by employees and collected by DCS. The nature of that information will depend on the circumstances, and the focus should be on the inherent requirements of the role and the employee’s ability, offering workplace adjustments when needed.  The nature of that information will depend on the circumstances, and the focus should be on the inherent requirements of the role and the employee’s ability, offering workplace adjustments when needed.  

Any information requested from an employee for this purpose must be relevant, not excessive and should not unreasonably intrude into the personal affairs of the employee. Only the People and Culture Workplace Adjustments Team will request and collect such information, if necessary, in such a way that will ensure the privacy of all personal and health information is maintained.

If information is required, DCS will notify the employee as to: 

• why information about their personal health is being collected
• how the information will be used and stored
• where the information will be stored  
• who has access to this information
• how the information can be amended and updated  
• who the information will be disclosed to
• how long it will be stored for
• how it will be destroyed.  

Please refer to the relevant Privacy Collection Notice that accompanies each point of collection, for example, a workplace adjustments arrangements form or Workplace Adjustment Passport.

All responsible parties should ensure they treat information about the disability or health condition of an any individual confidentially. 

DCS is responsible for ensuring all records in relation to workplace adjustments are secured against loss, unauthorised access, modification or misuse and are otherwise held and dealt with in accordance with applicable legislative requirements under the State Records Act 1998 (NSW), thePrivacy and Personal Information Protection Act 1998 (NSW), the Health Records and Information Privacy Act 2002 (NSW) and the DCS Privacy Management Framework.

Under the above privacy legislation, employees can apply to access their personal records and are also entitled to amendment (not deletion) of their information to ensure it is accurate, up to date and not misleading. If employees wish to take any of these actions, they should contact the People and Culture Workplace Adjustments team.

Moving to another role, department or agency

When workplace adjustments are provided for an employee, and that employee moves to another
role within their own agency or to another NSW government sector Department or agency
(temporarily or permanently):

• if the employee consents to the adjustments being shared with the new manager/agency, the workplace adjustments/passport details for the employee will be provided to the new manager/agency for review  
• the new manager/agency may need to review the current workplace adjustments to ensure it meets the needs of the employee and the requirements of the new role  
• transfer of adjustments should be considered on a case-by-case basis. Where reasonable and practical, the existing adjustments will transfer with the employee  
• if the new role is substantially different, the adjustments may need to be reviewed to ensure it meets the employee’s needs and inherent requirements of the new role and does not cause an unjustifiable hardship
• any existing, ongoing, or new funding requirements will (if applicable) transfer to the new employing agency  
• if the employee is dissatisfied with the workplace adjustments process or decision, they should refer to the relevant escalation process of the new agency/role
• if the adjustment relates to equipment that has been provided through the Employee Assistance Fund (EAF), ownership of the asset must be confirmed in writing as part of the EAF approval. This will determine who is responsible for maintenance or repairs and what will happen to the equipment if the person with disability changes jobs. In most cases, any modification or equipment that is portable should move with the employee where practicable.  

Monitoring and evaluation

DCS is committed to effective monitoring, evaluation and organisational learning processes that will foster an inclusive work environment. This includes:  

• a mechanism for employees to provide anonymous feedback on DCS’ approach to workplace adjustments 
• regular review of this policy and implementation of the workplace adjustments passport  
• regularly collecting and assessing de-identified reports and data for trends, patterns and lessons to drive continuous improvement 
• regularly consulting with employees, employee networks and unions to share knowledge and understand issues from an employee perspective 
• actively promoting an inclusive workplace that encourages workplace adjustments.  

Related policies and procedures

DCS Inclusion Strategy
DCS Disability Inclusion Action Plan 2020-2025
DCS Finance Delegations
DCS First Aid Procedure
DCS Flexible Working Policy   
DCS Health Safety and Wellbeing Policy
DCS HR Delegations Manual
DCS IT Acceptable Use Policy
DCS Positive and Productive Workplace Policy
DCS Privacy management plan
DCS Respectful Workplace Policy and Guide
DCS Records Management Policy
DCS Recover at Work Plan
DCS Return to Work Program
DCS WHS Communication and Consultation Procedure
DCS WHS Emergency Preparedness Procedure 
DCS Workplace Health and Safety Risk Management Procedure