Equal Opportunity Act 2010

This section applies to a contract worker with a disability who requires adjustments in order to perform the genuine and reasonable requirements of the work.

The principal must make reasonable adjustments unless the contract worker could not or cannot adequately perform the genuine and reasonable requirements of the work even after the adjustments are made.

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

the contract worker's circumstances, including the nature of the disability; and

the nature of the contract worker's role; and

the nature of the adjustment required to accommodate the disability; and

the financial circumstances of the principal; and

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

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

the financial impact of doing so; and

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

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

the consequences for the principal of making the adjustment; and

the consequences for the contract worker 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 principal 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 contract worker could or can adequately perform the genuine and reasonable requirements of the work, all the relevant facts and circumstances must be considered, including—

the contract worker's training, qualifications and experience; and

the contract worker's current performance in the work, if applicable.

A principal is not required to make an adjustment under subsection (2) to the extent that the principal 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.

A principal 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 principal complies with the determination.