Equal Opportunity Act 2010

This section applies to a person with a disability who—

is offered employment or is an employee; and

requires adjustments in order to perform the genuine and reasonable requirements of the employment.

The employer must make reasonable adjustments unless the person or employee could not or cannot adequately perform the genuine and reasonable requirements of the employment even after the adjustments are made.

In determining whether an adjustment is reasonable, all relevant facts and circumstances must be considered, including—

the person's or employee's circumstances, including the nature of his or her disability; and

the nature of the employee's role or the role that is being offered; and

the nature of the adjustment required to accommodate the person's or employee's disability; and

the financial circumstances of the employer; and

the size and nature of the workplace and the employer's business; and

the effect on the workplace and the employer's business of making the adjustment including—

the financial impact of doing so;

the number of persons who would benefit from or be disadvantaged by doing so;

the impact on efficiency and productivity and, if applicable, on customer service of doing so; and

the consequences for the employer of making the adjustment; and

the consequences for the person or employee of not making the adjustment; and

any relevant action plan made under Part 3 of the Disability Discrimination Act 1992 of the Commonwealth; and

if the employer is a public sector body within the meaning of section 38 of the Disability Act 2006, any relevant Disability Action Plan made under that section.

For the purposes of subsection (2), in determining whether or not the person or employee could or can adequately perform the genuine and reasonable requirements of the employment, all the relevant facts and circumstances must be considered, including—

the person's or employee's training, qualifications and experience;

the person's or employee's current performance in the employment, if applicable.

An employer is not required to make an adjustment under subsection (2) to the extent that the employer has complied with, or has been exempted from compliance with, a relevant disability standard made under the Disability Discrimination Act 1992 of the Commonwealth in relation to the subject matter of that adjustment.

An employer is not required to make an adjustment under subsection (2) that relates to a building or land to the extent that—

a determination has been made under section 160B of the Building Act 1993 in relation to that building or land, in relation to the subject matter of that adjustment; and

the employer complies with the determination.