Rights and Responsibilities
Defence
As an organisation, Defence has an obligation under the anti-discrimination provisions of the Disability Discrimination Act 1992 (DDA):
- Not to discriminate directly by less favourable treatment;
- Not to discriminate indirectly by treatment which is less favourable in its impact;
- To make reasonable adjustments where required;
- To avoid and prevent harassment.
- Provide equitable access to employment and promotion opportunities, buildings and facilities, training and development and employment conditions
- Comply with privacy regulations.
Defence Personnel
Defence personnel have a right to:
- choose what to disclose to their employer, free from pressure or prejudice;
- be treated equitably in the workplace;
- have any personal information treated in confidence and respectfully;
- be aware of how and when personal information is used in the department;
- be treated appropriately and respectfully when discussing their disability with other Defence personnel; and
- have the need-to-know principle applied to any disclosed information for OH&S, reasonable adjustment and inherent requirement assessing purposes.
Defence personnel have a responsibility to:
- actively work with their employer in identifying strategies for implementing any reasonable adjustments and flexibility requirements;
- disclose a disability if it is seen to impact on the day-to-day business and/or Occupational Health and Safety aspects of the work environment. In these circumstances, not disclosing may be in breach of Occupational Health and Safety legislation;
- disclose a disability if it is seen to be impacting on the work performance of, or should reasonable be expected to impact on the individual or a team. This is most relevant if disciplinary procedures are implemented to address the poor work performance; and
- recognise that disclosing as the result of an OH&S incident, performance review or another incident impacting on work may result in pressure to the work area and supervisor, and may not always ensure that work-related adjustments can be easily or successfully implemented due to short time frames and the complexity of issues;
Disclosure
Defence is committed to ensuring that personnel with disabilities are not unlawfully discriminated against in relation to employment. In addition Defence is committed to providing access to programs, equipment, services, buildings and facilities necessary for personnel with disabilities to undertake their tasks and duties, and to ensure that, where practical, barriers are removed from their full participation in the workplace. Defence is also obligated to comply with the relevant legislation, the Disability Discrimination Act 1992, the Public Service Act 1999, the Public Service Commissioner’s Directions 1999 and, the Commonwealth Disability Strategy 2000.
Disclosure in this context is defined as formally notifying the Department of your disability. You can do this by accessing PMKeyS Self Service and updating your personal equity and diversity data. Another option is to notify your supervisor or manager either verbally or in writing. You will need to do this if you require workplace adjustments. Disclosing your disability information is confidential and should be treated as staff-in-confidence by the person you are notifying. Your manager or supervisor is then responsible for ensuring that you have the right equipment (like assistive technology) to enable you to do your job.
Although the disclosure of equity and diversity data is not mandatory it is essential that Defence is able to identify the nature and depth of special requirements amongst its personnel, particularly in areas such as disability. The collection of this data (through PMKeyS) will enable us to develop and implement effective services, policies, assistance and strategies to benefit personnel with disabilities.
It is understood that many people may feel uncomfortable about “publicising” their disabilities. Indeed, in many people’s minds, there still remains some stigma attached to the term and to the concept of disability. However, by not discussing the elements of your disability that may impact on your performance at work, your supervisor is not in a position to make any modifications to the workplace that may assist you or be flexible to your needs.
Another factor to consider is your employer's duty of care to you. If you don't disclose your disability or medical condition when it poses a potential health and safety risk to yourself or others in the workplace, your employer cannot meet their occupational health and safety responsibilities.
If you are unsure whether to disclose your disability, read Choosing Your Path, Disclosure: It's a Personal Decision. This document, the result of a project collaboratively created and funded by the Department of Education, Science and Training and two universities, discusses disclosure of disability in depth and may assist you in making this vital decision.
All procedures for the collection, storage, use and disclosure of personnel information for equity and diversity reporting are covered by The Privacy Act 1988. Only authorised personnel including Group Heads, Service Chiefs, Defence Equity and Diversity, and certain policy and service delivery organisations within Defence will have access to the aggregate data for planning, analysis and reporting purposes. Individual data will only be accessible on a ‘need to know’ basis by those with proper delegation. No individual will be identified or named. More information on how to update your equity and diversity data in PMKeyS, refer to DEFGRAM No 579/2004 PMKeyS Self Service - Capture of Australian Defence Organisation Equity and Diversity Data.
Remember - The more openly we can discuss disability issues, the easier it will be to remove the barriers.
Supervisors
Supervisors and managers are required to model and promote a non-discriminatory workplace. You have a responsibility to ensure that harassment does not occur and that any reports of harassment are taken seriously and managed appropriately.
Supervisors have the responsibility to be aware of, and comply with, any legislation that might affect the work place, including:
- Commonwealth, State and Territory laws regarding discrimination
- Laws about rehabilitation or compensation of employees following an injury or illness
- Laws about occupational health and safety
- Laws about unfair dismissal.
As a supervisor of an employee with disability, you are expected to uphold Defence’s obligations in accordance with the DDA.
Supervisors and managers are also expected to:
- be non-intrusive and respectful of your employee when they have disclosed their disability;
- be aware of support and assistance in Defence, and discuss support options with your employee, especially if they are new to the organisation;
- seek assistance or training if required;
- consider reasonable adjustments in the workplace and discuss these options with your employee to find the best possible working arrangements for you, your employee and the workplace;
- organise reasonable adjustments in a timely and respectful manner;
- respect the wishes of the employee regarding informing other team members in the workplace. If the employee does not wish for their disability to be disclosed, and you notice that this is impacting on the productivity and cooperation of the team, negotiate with the employee to determine how this situation can be resolved. One strategy might be organising appropriate training for work-team members regarding disability in the workplace;
- apply the need-to-know- principle for all disclosed personal information.
Disclosure
If you are notified in a disciplinary meeting that an employee’s poor work performance is attributed to their disability, which had previously not been disclosed, it is the responsibility of the employer to:
- suspend the disciplinary process;
- address the disability issues with the employee, in a sensitive manner, by identifying work-related adjustments to assist them to meet the inherent requirements of the position;
- provide the reasonable adjustments in a timely and respectful manner.
- If poor work performance continues beyond an agreed timeframe, once the reasonable adjustments have been made, recommence the disciplinary process with the employee.
Colleagues and Team Members
The DDA makes any employee of the organisation liable for his or her own acts of harassment, whether or not the individual was acting or purporting to act on behalf of the employer.
All Defence personnel can assist a new team member with disability to settle into the workplace by:
- helping to ensure that any specific needs the staff member has identified are met. For example, ensuring that all passageways are free of hazards, such as cords or boxes;
- encouraging a flexible and inclusive attitude in the workgroup;
- not making assumptions about the abilities and interests of a staff member with disability; and
- involving your co-worker with disability in all workplace planning and decision-making.
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