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Library / Watch / Think Autism Melbourne 2026

Argument, Think Autism Melbourne 2026

Employers avoid naming autistic burnout because naming it creates liability

In short

At Think Autism Melbourne in 2026, Shamus Hart argued that risk averse organisations keep autistic burnout out of policy on purpose. Kathleen McCarthy described how risk systems turn it into a personal choice.

Read it instead, 5 minutesThe transcript

The story

5 minutes to read. Written by Think Talks from the recording.

Shamus Hart’s explanation for why autistic burnout is missing from workplace policy was a legal one. At Think Autism Melbourne, on a panel that treated burnout as a policy failure, Hart said businesses are hesitant to name it, and that the hesitation is deliberate. Hart told the panel that “as soon as you name it, you’re putting liability around it”, and that accountability and responsibility come with it.

Hart, who said they had just been getting over burnout and who, the facilitator Anita Aherne of Living on the Spectrum noted, had done a lot of work in large corporate organisations, walked through the logic as an HR team or a business would see it. Once autistic burnout is named, an employee can ask for accommodations and for systems that would stop it, and the organisation is then dealing with the liability that follows. Many businesses are very risk avoidant, Hart said. They do not want to admit that their environments, workplace systems and policies were not built for neurodivergent minds, so they do the opposite and leave the problem unnamed. It gets pushed down the organisational structure, and the structure itself was designed without any account of burnout. Hart called it a circular problem.

Sources the story draws on

  1. New Regulations Start Today To Protect Workers (opens in a new tab), Premier of Victoria (media release by Deputy Premier and Minister for WorkSafe and the TAC Ben Carroll)
  2. Disability Discrimination Act Review, Issues Paper (opens in a new tab), Attorney-General's Department (Citizen Space consultation hub)
  3. Disability Discrimination Act review (opens in a new tab), Australian Human Rights Commission
  4. A review of the Disability Discrimination Act (opens in a new tab), Australian Disability Network

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