1.1 The Disability Discrimination Act 1992 (Cth) requires employers to make reasonable adjustments for any employee with a disclosed disability, unless that adjustment would cause “unjustifiable hardship” to the employer.

1.2 Costs for modifications to educational facilities are the primary responsibility of the education facility.

1.3 The reasonable expenses in relation to the participant’s assessed treatment, care and support needs in relation to workplace modifications will not generally include workplace modifications for a participant where LSA has already funded substantial workplace modifications in the past 3 years.

2.1 The LSA considers treatment, care and support needs in connection with workplace and education facility modification to be necessary and reasonable only when:

2.1.1 it has been confirmed the proposed modifications are not available under another scheme or legislation, including any reasonable adjustments an employer or education provider may be obliged to make;

2.1.2 an appropriately qualified occupational therapist has recommended the modifications to meet a participant’s injury-related need in a workplace or education facility modifications report; and

2.1.3 the employer or education provider and the building owner (if different) both agree in writing to the modifications.

2.2 In relation to workplace modifications (see definition in Part 1 Rule 3.1), these will be necessary and reasonable only if:

2.2.1 the long-term impact of the participant’s motor vehicle injury prevents them from performing their duties within the existing workplace environment without modification to the layout or fittings;

2.2.2 there is an employer who has confirmed in writing they will provide employment for the participant for a minimum period of 3 years;

2.2.3 the workplace modification is the most cost-effective means for enabling the participant to return to work and all other alternatives have been considered; and

2.2.4 a workplace assessment or work options plan has been conducted and the LSA has agreed to support the work goal.

2.3 In relation to education facility modifications, these will be necessary and reasonable only if:

2.3.1 there is no other funding source and the modifications would not be provided under any other legislation or scheme;

2.3.2 the long-term impact of the participant’s accident injury prevents them from learning within the existing education facility without modification to the layout or fittings;

2.3.3 the education facility modification is the most cost-effective means for enabling the participant to participate in the education activity and all other alternatives have been considered; and

2.3.4 for adult learners, the education program has been identified through a work options plan and LSA has agreed to support the work goal.

2.4 The following workplace or education facility modifications are not considered necessary and reasonable treatment, care and support needs:

2.4.1 modifications to any workplace or education facility that constitute, are likely to constitute, or will result in, an illegal structure;

2.4.2 modifications that are undertaken without approval from the LSA;

2.4.3 modifications where the owner, body corporate or other responsible authority has not given permission for the modifications and such permission is required;

2.4.4 modifications required because of a condition that existed before the motor vehicle accident or that is not a result of the motor vehicle accident;

2.4.5 modifications that provide no clear injury-related benefit to the participant; and

2.4.6 items that are normal workplace or household items (such as furniture or whitegoods, smoke alarms, surge protectors, towel rails, fans, lights, hot water services, security doors and windows) and are not directly related to the participant’s need arising from their motor vehicle injury.

2.5 Necessary and reasonable expenses in relation to workplace or education facility modifications will not generally include:

2.5.1 additional costs or other modifications or renovations intended to add value to an existing workplace or education facility and are not related to the participant's motor vehicle injury;

2.5.2 the cost of upgrades of any materials required for workplace or education facility modifications;

2.5.3 any loss of value of any property resulting from any modifications to, or removal of, modifications from the property.

3.1 To determine whether a participant’s need for workplace or education facility modifications is necessary and reasonable in the circumstances, the following factors are relevant:

3.1.1 the physical and social environment of the workplace or education facility;

3.1.2 the participant’s physical, cognitive and behavioural impairments such as impairments to:

3.1.2.1 mobility including type of wheelchair use where relevant

3.1.2.2 arm and/or hand function

3.1.2.3 thermo-regulation

3.1.2.4 bladder and bowel function

3.1.2.5 cognition

3.1.2.6 behaviour;

3.1.3 whether any future improvement or change in the above factors is likely;

3.1.4 the effects of aids or appliances, including wheelchairs, on the participant’s ability to function within their work or education environment.

3.2 Information required by the LSA to assess a participant’s needs in connection with workplace or education facility modifications may include one or more of the following, relating to:

3.2.1 the safety of the participant, attendant care / support workers and other employees or students;

3.2.2 the ownership of the property;

3.2.3 consents required for modifications with any other parties such as a landlord, body corporate or local council;

3.2.4 the participant’s entry and exit to the premises;

3.2.5 the participant’s access to all necessary areas;

3.2.6 the cost and extent of the modifications when considered in relation to the likely benefit to the participant and alternative employment options;

3.2.7 the length of time the participant is likely to remain in the education facility;

3.2.8 reasonable adjustments available to timetable and class allocation, for example conducting the participant’s classes in ground floor rooms;

3.2.9 the cost and extent of the modifications when considered in relation to the likely benefit to the participant and alternative options for education.

4.1 LSA may fund the cost of repairs and maintenance for modifications funded by LSA, which are essential for the participant’s access or safety.

4.2 LSA may fund the cost of repairs or maintenance proportional to the original costs paid, where the original modification was not fully funded by LSA, for example, where an employer or property owner also contributed to the original cost of the modification.

4.3 LSA is unable to fund the cost of repairs and maintenance because of normal wear and tear (such as replacement of bathroom fittings/fixtures), for the upkeep of a workplace or education facility.

4.4 LSA is unable to fund the cost of repairs and maintenance when the participant is no longer attending the workplace or education facility.

Page last updated: 18 December 2020