Workplace adjustments
Information on types of adjustments, legal responsibilities and asking for adjustments.
All NSW government sector agencies have a duty of care to ensure the health and safety of employees, this includes inclusive and respectful work environments. Effective workplace adjustments are an important enabler for people with disability
Under the Disability Discrimination Act 1992, workplaces must provide workplace adjustments if requested. The Act provides an exception if the cost or difficulties of providing access will place an unjustifiable hardship on a person or organisation. You can find out more about unjustifiable hardship by reading the Australian Human Rights Commission's online guide.
Under the Work Health and Safety Act 2011 (NSW), organisations need to ensure that their workplace is healthy and safe. This includes managing risks and potential risks to the health, safety and wellbeing of all employees. Work Health and Safety legislation does not override disability anti-discrimination legislative responsibilities. Agencies need to manage both legal responsibilities.
Workplace adjustments model policy
We have developed a model workplace adjustments policy to help agencies create an effective system that encourages workplace adjustments and enables full participation in the workplace.
The policy was developed in response to recommendations made by a sector-wide Disability Employment Review which identified barriers to disability employment.
The model policy:
- ensures that best practice guiding principles are incorporated into your processes
- positions NSW government as a leader in this space and aligns with our commitment to providing safe, inclusive and respectful work environments
- helps us to attract and retain the best talent, drive better performance across the sector, accelerate our diversity and inclusion efforts, and enhance innovation
- meets the minimum standards required under the workplace adjustments policy Direction
Fact sheets
Use these factsheets to help you implement a workplace adjustments policy that meets the direction.
Conversation guide
Use this guide to have productive and respectful conversations about workplace adjustments requirements.
Easy read
Easy Read versions of the workplace adjustments policy Direction and model policy are available:
Funding workplace adjustments
Workplace adjustments help employees with disability do their job safely and well. They can be simple changes that cost nothing - like flexible hours or extra rest breaks - or more specialised, like equipment or technology.
Agencies can pay for these adjustments using existing budgets. If extra support is needed, you can apply for funding through the JobAccess Employment Assistance Fund.
JobAccess is a reimbursement program. It helps NSW public sector agencies and employees cover the cost of workplace adjustments such as:
- changes to the workplace, equipment or vehicles
- customised tools, including communication or digital devices
- Auslan interpreting
- services for learning disorders or mental health conditions
- training in disability awareness
- training in mental health awareness and first aid.
JobAccess offers a free Workplace Modification Assessment. This helps identify what adjustments an employee might need.
Qualified professionals carry out the assessment. They visit the workplace to check for any barriers and speak with the manager and employee. A written report is then provided with recommended adjustments.
You can request an assessment when:
- a new employee with disability starts work
- an existing employee’s role or needs change
- new equipment or technology becomes available.
Any type of adjustment can be funded, as long as it meets the eligibility criteria.
To be eligible, the employee must:
- have a disability that has lasted (or is expected to last) at least two years and affects their ability to work
- be an Australian resident
- work at least 8 hours per week for at least 13 weeks.
Once the application is approved, your workplace can purchase the recommended adjustments.
To get reimbursed:
- Buy the approved item or service.
- Submit an invoice and proof of payment to the JobAccess provider.