VIC RTOs - Discrimination/Privacy breach

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Betty S

Member
14 February 2020
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1
I have a couple of questions regarding a large organisation which incorporates into its operations, a RTO for the purpose of training its own people.

Question one:
Person with protected condition is removed from training, told they must attend medical review.
Cannot participate in any way or attend facilities till medical review completed.

Would the obligations under OHS laws overrule the need to provide reasonable adjustments as specified in discrimination legislation?

Question two:
Investigator looking into claim of discrimination appears to identify person and specify medical condition to every interviewee, although the person not being diagnosed with that condition.

Wouldn't that be a gross breach of the person's privacy?
 

Rod

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27 May 2014
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Betty S

Member
14 February 2020
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Agreed that safety should always be the number one priority.

What if there was a way to allow training to continue whilst waiting for medical review process?
ie, online training as opposed to onsite
 

Rod

Lawyer
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27 May 2014
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If training can easily be done, then it may be seen as a reasonable adjustment.

Not knowing anything about the medical condition, it may be the employer doesn't want to do anything that may exacerbate the condition.