• 1.1The 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.
  • 1.2Costs for modifications to educational facilities are the primary responsibility of the education facility.
  • 1.3The reasonable expenses in relation to the Participant’s assessed TCS needs in relation to Workplace Modifications will not generally include Workplace Modifications for a Participant where the LSA has already funded substantial Workplace Modifications in the past three years.

  • 2.1The LSA considers TCS needs in connection with workplace and education facility modification to be necessary and reasonable only when:
    • 2.1.1it 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;
    • 2.1.2an Appropriately Qualified occupational therapist has recommended the modifications to meet a Participant’s Motor Vehicle Injury-related need in a workplace or education facility modifications report; and
    • 2.1.3the employer or education provider and the building owner (if different) both agree In Writing to the modifications.
  • 2.2In relation to Workplace Modifications (see definition in Part 1 Rule 2.1), these will be necessary and reasonable only if:
    • 2.2.1the 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;
    • 2.2.2there is an employer who has confirmed In Writing they will provide employment for the Participant for a minimum period of 3 years;
    • 2.2.3the Workplace Modification is the most cost-effective means for enabling the Participant to return to work and all other alternatives have been considered; and
    • 2.2.4a workplace assessment or work options plan has been conducted and the LSA has agreed to support the work goal.
  • 2.3In relation to education facility modifications, these will be necessary and reasonable only if:
    • 2.3.1there is no other funding source and the modifications would not be provided under any other legislation or scheme;
    • 2.3.2the long-term impact of the Participant’s Motor Vehicle Injury prevents them from learning within the existing education facility without modification to the layout or fittings;
    • 2.3.3the 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
    • 2.3.4for adult learners, the education program has been identified through a work options plan and LSA has agreed to support the work goal.

  • 3.1To determine whether a Participant’s need for workplace or education facility modifications is necessary and reasonable in the circumstances, the following factors are relevant:
    • 3.1.1the physical and social environment of the workplace or education facility;
    • 3.1.2the Participant’s physical, cognitive and behavioural impairments such as impairments to:
      • 3.1.2.1mobility including type of wheelchair used where relevant:
      • 3.1.2.2arm or hand function:
      • 3.1.2.3thermo-regulation:
      • 3.1.2.4bladder and bowel function;
      • 3.1.2.5cognition;
      • 3.1.2.6behaviour;
    • 3.1.3whether any future improvement or change in the above factors is likely;
    • 3.1.4the effects of Assistive Technology, including wheelchairs, on the Participant’s ability to function within their work or education environment.
  • 3.2In order to assess a Participant’s needs in connection with workplace or education facility modifications, the LSA may require information relating to one or more of the following:
    • 3.2.1the safety of the Participant, attendant care/ support workers and other employees or students;
    • 3.2.2the ownership of the property;
    • 3.2.3consent required for modifications with any other parties such as a landlord, body corporate or local council;
    • 3.2.4the Participant’s entry and exit to the premises;
    • 3.2.5the Participant’s access to all necessary areas;
    • 3.2.6the cost and extent of the modifications when considered in relation to the likely benefit to the Participant and alternative employment options;
    • 3.2.7the length of time the Participant is likely to remain in the education or work facility;
    • 3.2.8for education facilities, reasonable adjustments available to timetable and class allocation;

For example, conducting the Participant’s classes in ground floor rooms.

  • 3.2.9the cost and extent of the modifications when considered in relation to the likely benefit to the Participant and alternative options for education or work.

  • 4.1LSA may fund the cost of repairs and maintenance for modifications funded by LSA, which are essential for the Participant’s access or safety.
  • 4.2LSA 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.

  • 5.1The following workplace or education facility modifications are not considered necessary and reasonable TCS needs and are therefore not funded by the LSA:
    • 5.1.1modifications to any workplace or education facility that constitute, are likely to constitute, or will result in, an illegal structure;
    • 5.1.2modifications that are undertaken without approval In Writing from the LSA;
    • 5.1.3modifications where the owner, body corporate or other responsible authority has not given permission In Writing for the modifications and such permission is required;
    • 5.1.4modifications required because of a condition that existed before the Motor Vehicle Accident or that is not a result of the Motor Vehicle Accident;
    • 5.1.5modifications that provide no clear Motor Vehicle Injury-related benefit to the Participant;
    • 5.1.6items 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
    • 5.1.7the 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; and
    • 5.1.8the cost of repairs and maintenance when the Participant is no longer attending the workplace or education facility.
  • 5.2Necessary and reasonable expenses in relation to workplace or education facility modifications will not include:
    • 5.2.1additional 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;
    • 5.2.2the cost of upgrades of any materials required for workplace or education facility modifications;
    • 5.2.3any loss of value of any property resulting from any modifications to, or removal of, modifications from the property.
Page last updated: 16 September 2022