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NSW Independent Liquor & Gaming Authority
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Liquor & Gaming Authority

Workplace Adjustments Policy

Policy statement 

The purpose of this Policy is to establish and maintain an effective system within ILGA that encourages workplace adjustments and enables an individual’s full participation in the workplace. While the policy may, at ILGA’s sole discretion, be used to cater to all employees requiring workplace adjustments, including carers, this policy has a particular focus on people with a disability.

The implementation of this policy will help improve the experience, wellbeing and retention of employees with workplace adjustment needs. This lays the foundation for a more diverse and inclusive workforce.

1. Introduction

ILGA is committed to creating an inclusive workplace where people feel they belong, fostering a positive culture and enhancing productivity. Inclusion enables genuine participation and contribution, regardless of seen or unseen individual differences.

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

The policy complements any existing workplace adjustments or processes within agencies. 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.

Reference to ILGA personnel within this Policy includes both ILGA board members as well as OILGA staff.

1.1 Scope

This policy applies to all ILGA personnel including delegates, contractors, and visitors. It applies to any ILGA personnel who requests a workplace adjustment to assist them to participate fully in the workplace.

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. 

1.2 Definitions

Disability

  • Disability includes both temporary and long-term physical, mental health, intellectual, neurological or sensory differences which, in interaction with various attitudinal and environmental barriers, may hinder full and effective participation in society on an equal basis with others.
  • The term “disability” has a specific meaning when used in the DDA (section 4) and the ADA (sections 4 and 49A). The definitions in each Act are slightly different, but they are both very broad and include disabilities and illnesses, and extend to past, present and potential future disabilities. 

Employee / Personnel

  • Means a person employed in ongoing, term, temporary, or casual employment, or on secondment, in a Government Sector Agency.[1]

Government Sector Agency

Inherent requirements

  • Characteristics, elements or requirements that are essential to the performance of the particular employment.
  • Inherent requirements are determined by reference to the specific circumstances of a person’s employment and role, including by reference to the terms of the employment contract and the nature of the work of the agency. 

Unjustifiable hardship

  • The law provides an exception to unlawful discrimination where the provision of services or facilities to enable an employee or potential employee with disability to do their job would cause the employer unjustifiable hardship.[2]
  • This involves considering all of the relevant circumstances[3] of a particular case.

Workplace/ reasonable adjustments

  • Changes, modifications, or alterations to a work process, procedure, or environment to enable a person to:
    • perform the work they are employed to do
    • work productively
    • work in a safe environment
    • be included in the workplace
    • increase their engagement and motivation to improve performance, and ultimately meet the inherent requirements of their role.
  • Adjustments can include changes to recruiting methods, equipment, work practices and environment, and may change as people’s needs change.
  • This policy uses the term ‘reasonable adjustments’ as this is the legal term used in the DDA[4] with respect to adjustments for people with disability. Under the DDA, employers are required to make reasonable adjustments for employees with a disability, unless it would cause the employer unjustifiable hardship.[5] An employer may also have obligations to make workplace adjustments under the ADA.[6]

Workplace

  • A place where work is carried out[7] for a Government Sector agency and includes any place where an employee goes, or is likely to be, while at work, or working remotely (including working from home), or while at a work-related social event. Workplaces may include buildings, outdoor locations and/or vehicles.

2. Workplace Adjustments

2.1 What is a workplace adjustment?

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

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

Workplace practice 

  • Flexible working arrangements e.g. flexible start and finish times, working part-time, working in different locations.
  • 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 MS Teams rather than phone calls, or vice versa
    • structured communication - clearly defining communication expectations and using written communication methods (e.g., email, messaging apps) for instructions and task assignments
  • Adapting performance and development programs to meet individual needs.

Workplace environment

  • Occupational therapist assessment, ergonomic desk and chair assessment
  • Providing a workspace with signage, adjustable lighting, noise-cancelling headphones, or a quiet area to accommodate sensory sensitivities
  • An accessible parking space close to the work location for an employee who uses a wheelchair, has mobility issues or chronic pain.

Assistive Technology

  • Screen readers and screen enlargement applications
  • Voice recognition and transcription programs.

Recruitment practices

  • Discussing the individual’s specific needs directly (if appropriate)
  • Providing a different way to assess the required capabilities to perform the role e.g., a scenario-based written assessment instead of a psychometric assessment
  • Adapting the assessment format, such as allowing the candidate to respond to interview questions in writing
  • Providing options for an Auslan-English interpreter and/or their preferred sound amplification devices such as hearing loops. 

3. Roles and Responsibilities

ILGA is committed to taking a proactive and person-centred approach to workplace adjustments. Although a workplace adjustment is a key mechanism for fostering an inclusive and accessible workplace, it must also be supported by a culture that encourages inclusivity and where workplace adjustments are everyone’s responsibility.  

It is expected that leaders at all levels within ILGA will uphold this policy in full and proactively encourage others to do so too.

3.1 ILGA Chairperson and Director, OILGA

The ILGA Chairperson and Director, OILGA are responsible for promoting and supporting the use of workplace adjustments, ensuring a consistent application of this policy across the agency and throughout the employee lifecycle. 

The ILGA Chairperson and Director, OILGA are accountable for building a safe environment in which people feel they can share the barriers they are experiencing, adjustments required to support them in their role and feel a sense of belonging. They can do this by: 

  • encouraging direct reports within OILGA to discuss workplace adjustments with their team members on a regular basis
  • ensuring legislative requirements and responsibilities are met
  • supporting capability uplift for managers and agency wide technology solutions
  • advocating for accessibility to be built into all work practices and environment, including the procurement of goods and services
  • completing and promoting disability awareness training.

3.2 People managers

People managers are responsible for ensuring that workplace adjustments are in place, where required, to support employees to perform their duties. 

People managers should consult with the Department’s People and Capability team when advising employees about workplace adjustments.

People Managers have responsibilities to:

  • initiate regular discussions with all staff about their needs and what adjustments they may require in performing their role
  • not require an employee to disclose any information that is not necessary to implement a workplace adjustment
  • seek to increase their understanding of a variety of available workplace adjustments to assist in identifying the most suitable adjustments
  • understand their legislative and confidentiality requirements (see section 1.3)
  • ensure all action, including a decision on a request for adjustments, is taken promptly and communicate regularly with the employee throughout the process
  • proactively monitor and implement a yearly workplace adjustments check-in, or more often if required
  • educate ILGA personnel on the workplace adjustments policy and process and role model inclusive behaviour
  • ensure this policy and any related procedures are discussed as part of the return-to-work discussion when a staff member is returning after an illness or injury
  • if they believe the adjustment is not reasonable or will cause an unjustifiable hardship, escalate the matter to the ILGA Chairperson, who will be responsible for making the final decision in consultation with the Director OILGA, ILGA Principal Solicitor and/or the Department’s People and Capability team
  • advise employees of the available review process if there is any dispute about the adjustment or the request. 

3.3 ILGA personnel 

OILGA personnel should talk to their manager about their needs and what adjustments they may require in performing the requirements of their role and to work safely. ILGA board members should flag their requirements with the Director OILGA.

An individual may ask for workplace adjustments at any stage of the recruitment processes or at any time during their employment. 

All personnel

  • should actively participate and cooperate with the relevant contact to assist in the implementation of any workplace adjustments
  • are responsible for discussing any changes they may need to their workplace adjustments with the relevant contact
  • should be aware that adjustments are available to ensure all staff have an equal opportunity to perform and progress in their role. Equity in employment is a right, not privilege or favour.

4. Implementing workplace adjustments

4.1 Asking ILGA personnel about workplace adjustments

The ILGA Chairperson and Director OILGA should ask all personnel if they require any workplace adjustments, regardless of whether they have shared a disability or health condition. This question should be asked during the recruitment and onboarding process and then as part of regular ongoing conversations or after any known injury or illness. 

ILGA personnel have no obligation to share information about their disability or health condition unless it is necessary to determine their 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 for this purpose must be relevant, not excessive and should not unreasonably intrude into the personal affairs of the employee.

If further advice is needed to assist in determining whether a request for adjustments can be accommodated, the Director OILGA, Manager OILGA and/or Principal Solicitor OILGA should seek support from the Department’s People & Capability team which may require meeting with the employee directly to clarify specific needs and seek any additional information. Confidentiality must be maintained by everyone involved if personal or health information has been shared unless the employee has provided consent to this information being shared or authorised by law. 

4.2 Arranging workplace adjustments

4.2.1 Workplace adjustments requests

When a workplace adjustment is requested, the individual and their direct report should discuss the nature of adjustments required. They can seek advice from the Department’s People & Capability team, if necessary.

ILGA personnel can request adjustments at any stage of their employment. The request can also be made to someone other than their line manager.

Where a workplace adjustment is requested due to disability, it must be provided unless it would cause ILGA unjustifiable hardship (see section 4.4). 

Where different ways of working are required, such as changing work hours or locations, ideally these should be organised in line with the existing Flexible Working Policy, where appropriate. If an adjustment includes flexible working, it should still be managed as per the requirements set out in this policy. 

4.2.2 Personal Emergency Evacuation Plan

The Director OILGA and/or line 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.

4.2.3 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 Director OILGA or line manager, and employee about any recommended adjustments. 

4.3 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. Workplace adjustments may be funded through existing operational budgets.

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. 

More information on accessing additional funding for adjustments can be found here.

4.3.1 Timeframe and review process

Any agreed workplace adjustments are to be provided within a reasonable timeframe agreed between the individual seeking adjustments and the Director OILGA and ILGA Chairperson. 

Once fully implemented, line managers should regularly check-in with their team members to ensure any adjustments are continuing to meet their needs. The workplace adjustments should be reviewed at least yearly (or more often if required) and when circumstances change such as a change in the nature of the issue or a change in work duties/location/health. Action can then be taken to alter the workplace adjustments if necessary to ensure the employee’s needs continue to be optimally met. 

ILGA personnel should raise any concerns with their line manager in the first instance. If they are unavailable or where it is inappropriate to do so, they can discuss with the Department’s People and Capability team. See Section 5 (Escalation Pathway) of this Policy for further detail. 

4.4 Declining a workplace adjustments request

If it is considered that:

  • making a workplace adjustment would impose an unjustifiable hardship on the agency, or
  • a person cannot carry out the inherent requirements of the role, even with services and facilities, like workplace adjustments, provided to them
  • the matter should be escalated to the Director, OILGA or ILGA Chairperson, who will be responsible for further assessing the request and deciding whether to accommodate or decline the request. 

When deciding, the Director, OILGA and/or ILGA Chairperson will: 

  • thoroughly consider all possible adjustments and how they might be made
  • discuss the issues directly with the employee or groups involved
  • consult relevant sources of advice such as internal HR/health and safety teams and ILGA Legal and external sources where applicable – see Appendix 1. 

4.4.1 Unjustifiable hardship exception

In determining what constitutes unjustifiable hardship on the employer, all relevant circumstances[8] 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.

4.4.2 Inherent requirements of the role and other exceptions

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

Under the DDA and ADA, 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.[9]

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. 

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.[10]

If a person with disability cannot perform the inherent requirements of a role because of the disability, the employer must consider how the employee could be provided with workplace adjustments to help them perform the role.[11] The employer should consult with the prospective or existing employee about how the inherent requirements of a role can be performed. 

4.5 Confidentiality

In order to make workplace adjustments, some personal health information may need to be shared. 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.

If information is required, ILGA 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. 

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

ILGA 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 Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW). 

5. Escalation pathway 

5.1 Grievance process 

ILGA is leveraging the Department’s Grievances Handling Policy. A list of advice and support services is also provided at Appendix 1. 

5.2 Informal resolution 

If the employee is unsatisfied with the workplace adjustments process or decision, they should try to resolve the issue internally first. This may include:

  • Liaising with DCITHS People and Capability team/a third party reviewing the application or decision
  • the Department’s People and Capability team facilitating or mediating an open and respectful conversation between the parties
  • providing the employee with information on how they can access support throughout a grievance procedure
  • refresher training for staff on the requirements of this policy.

5.3 Formal investigation

In cases where employees would like to lodge a formal complaint, they should make a report in accordance with the steps outlined in the Grievances Handling Policy. Employees can also report or make a complaint to an authority or regulator, such as Anti-Discrimination NSW or the Australian Human Rights Commission.

Investigations should be conducted in a confidential, impartial, timely, fair and accessible manner. 

6. Monitoring and Evaluation

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

  • Regular review of this policy
  • Regularly consultation with employees and board members at ILGA meetings, to share knowledge and understand issues from an employee perspective.
  • actively promoting an inclusive workplace that encourages workplace adjustments. 

Appendix 1: List of advice and support services

Employee Assistance Program

ILGA personnel have access to an Employee Assistance Program (EAP), which is a short-term, confidential, counselling service designed to offer a problem-solving, solution-oriented approach to support employees with personal or work-related issues.

The EAP is staffed by independent qualified practitioners. The EAP will provide adjustments such as interpreters or captioning if required. 

All employees (and their immediate family) have access to the EAP, which provides for a limited number of counselling sessions at no cost to the employee and can be provided over the phone or face-to-face.

An EAP provides all employees and their families with free, confidential counselling service available via phone, video call, in person or live chat to help manage life’s challenges.

Our EAP provider Converge International has specialised counsellors available to help you gain insights to support strategies that drive positive changes in behaviour and lifestyle. They can help you to adapt to change and provide coping strategies when dealing with difficult situations.

For IMMEDIATE SUPPORT 24/7 phone 1300 687 327 (within Australia) or +613 8620 5300 (International). 

Other useful resources include:

Appendix 2: Legislation

End notes

  1. 1.

    Government Sector Employment Act 2013 (NSW) s. 34, 43.

  2. 2.

    Disability Discrimination Act 1992 (Cth) s 21B and Anti-Discrimination Act 1977 (NSW) s 49D.

  3. 3.

    Disability Discrimination Act 1992 (Cth) s 11 and Anti-Discrimination Act 1977 (NSW) s 49C.

  4. 4.

    Disability Discrimination Act 1992 (Cth) s 4, 5(2), 6(2), 21A. 

  5. 5.

    Disability Discrimination Act 1992 (Cth) s 4, 11.

  6. 6.

    Anti-Discrimination Act 1997 (NSW) s 49B(1)(b).

  7. 7.

    Work Health and Safety Act 2011 (NSW) s 8.

  8. 8.

    Disability Discrimination Act 1992 (Cth) s 11 and Anti-Discrimination Act 1977 (NSW)  s 49C.

  9. 9.

    Disability Discrimination Act 1992 (Cth) s 21A.

  10. 10.

    Disability Discrimination Act 1992 (Cth) s 21A(2) and Anti-Discrimination Act 1977 (NSW) s 49D(4).

  11. 11.

    Disability Discrimination Act 1992 (Cth) s 4, 11 and Anti-Discrimination Act 1977 (NSW) s 49B(1)(b).