Both you and your employees have certain legal obligations to each other. As an employer you also have obligations under federal, state and territory laws, industrial agreements, tribunal decisions and contracts of employment.
The following information specifically focuses on helping you to understand legislation when you employ a person with disability.
Discrimination
Under equal opportunity and anti-discrimination laws, as an employer you are required to create a workplace free from discrimination and harassment. The Disability Discrimination Act 1992 makes it unlawful to discriminate against people due to their disability.
Disclosure of disability and privacy
Once an employee has disclosed a disability, you are required, as the employer, to consider appropriate responses, including training or work related adjustments, to accommodate the employee with disability. The Privacy Act 1988 protects the privacy of an employees’ personal information, including information about disability.
Occupational health and safety
State and territory Occupational Health and Safety Acts ensure workplace health and safety.
Workers compensation
State and territory Workers Compensation Acts provide workers compensation for workplace injuries or disease.
Reasonable adjustment
If you employ a person with disability or are looking to employ a person with disability, it is important that you take into account the person’s disability and make any appropriate or reasonable adjustments to the work environment to accommodate them.
More information?
You can find out all about your legal obligations, which may vary depending on which state or territory your business is in, by visiting the business.gov.au web site—see Related Links.