The Disability Discrimination Act 1992 (Cth) applies to all employers regardless of size. It protects job applicants and employees with a “disability,” defined in section 4 as any physical, intellectual, psychiatric, sensory, neurological or learning impairment that may hinder participation in employment activities. Section 5A(c) specifically requires employers to make reasonable adjustments to enable persons with disability to access, participate in and advance in employment.
Under the Act, employers must consider common types of reasonable adjustments such as modifying workstations, adjusting hours or patterns of work, and providing assistive technology or support workers. Section 6 outlines the duty not to discriminate by failing to make such adjustments unless doing so would cause unjustifiable hardship, assessed on factors like cost, workplace size and health and safety requirements.
An employee seeking an adjustment should submit a request in writing or orally, noting the nature of their disability and the adjustment needed. Employers may ask for medical advice but must keep documentation confidential. While the Act does not set a strict response deadline, best practice is to discuss possible options within two weeks. If an adjustment request is refused, the employee may file a complaint with the Australian Human Rights Commission within six months of the refusal or discriminatory act. Following lodgment, the Commission typically commences conciliation discussions within 14 days, with a conciliation period that can run up to 90 days.
An individual can lodge a complaint under section 46PO of the Disability Discrimination Act 1992 with the Australian Human Rights Commission. The Commission seeks a conciliatory resolution but, if parties cannot agree, the complainant may take the matter to the Federal Court or Federal Circuit Court. Remedies include orders for compensation for injury to feelings and recommendations to implement or revise workplace policies. In rare cases, costs may be awarded against parties who unreasonably prolong proceedings.
Managing reasonable adjustments requests under Disability Discrimination Act 1992 can be complex—multiple forms, strict timelines, and cross-team coordination all add burden.
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Begin the interactive process promptly. Acknowledge every request in writing and set clear next steps.
Keep records of discussions, medical certificates and decisions. A complete audit trail can prevent disputes later.
Train managers on disability awareness. Simple changes, like flexible start times, often cost little but have big impact.
Review adjustments regularly. An arrangement that worked last year may need tweaking as roles or health conditions change.
Avoid assumptions about employee limitations. Invite open dialogue and focus on capabilities rather than disabilities.
