Human Rights and Equal Opportunity Commission
Annual Report 2000-2001
Acting
Disability Discrimination Commissioner and Human Rights Commissioner,
Dr Sev Ozdowski OAM
In his work to date Dr Ozdowski has given emphasis to:
- Increased communications through face to face consultation with disability community and industry bodies and enhanced print material to complement the Commission’s well established email and web based communications in the disability area
- Increasing public awareness of the achievements being made (and the further achievements which are possible) by the community, industry, government and the Commission using the Disability Discrimination Act to improve access, opportunity and participation for Australians with disabilities
- Seeking more effective means for increasing equality of opportunity for people with disabilities in employment and education - to complement the substantial progress being made in accessibility in areas such as buildings, public transport, and communications issues such as captioning and web accessibility
- Giving additional attention to Indigenous people with disabilities, in particular children, and to disability issues and related discrimination affecting older Australians.
Deputy Disability Discrimination Commissioner
Mr Graeme Innes AM continued to serve on a part time basis throughout 2000-01 as Deputy Disability Discrimination Commissioner. In this role he assists with the handling of public enquiries, exemption applications and the development of standards under the Disability Discrimination Act.
Education and Promotion/Compliance
Dr Ozdowski and staff have increased the Commission’s program of consultation with disability organisations and relevant industry bodies to ensure that these organisations are aware of possibilities for constructive use of the legislation and to discuss suggestions for further Commission projects.
Internet usage continues to help increase efficiency and effectiveness of the Commission’s disability rights work. Public use of the disability rights area of the Commission’s web site continues to increase rapidly with over 1000 page hits per day being received on the Commission’s disability rights web pages.
Research and policy
Access to electronic commerce
Following its report in June 2000 on access to electronic commerce and other new service and information technology by people with disabilities and older Australians, the Commission has been assisting government and industry bodies to develop initiatives in this area, including through an Accessible E-commerce Forum sponsored by the Commission and the Australian Bankers Association. A major response to the report was the presentation to the Commission of an industry action plan by the Australian Bankers Association in April 2001. This plan provides for development of industry accessibility standards on automatic teller machines, EFTPOS and voice response services and for implementation of best practice accessibility in internet banking.
The Commission’s report recommended that governments should be more active in providing superseded computer equipment for use by people with disabilities and older people. At a ceremony hosted by Dr Ozdowski in May 2001 the Attorney-General provided a lead by donating 50 computers to disability and representatives of older persons’ organisations.
Public transport: Accessible taxis
A public inquiry on aspects of wheelchair accessible taxi services was approved by the Commission on 2 May with a closing date for submissions of 3 July 2001.
Sterilisation
A report to the Commission on developments since the release of the 1997 report on The Sterilisation of Girls and Young Women in Australia was made publicly available in April 2001. The report was commissioned as a joint project between the Disability Discrimination Commissioner and Sex Discrimination Commissioner. A number of follow up actions are being discussed with relevant parties including the Attorney-General and the Minister for Health.
Public inquiries into complaints
In 1999 the then acting Disability Discrimination Commissioner began applying public inquiry processes to the investigation of complaints in appropriate cases, including use of the internet for distribution of notices of inquiry and receiving and publishing submissions. This approach has been applied where the subject matter :
- requires consideration of interests of, and information from, persons or organisations beyond the immediate parties to a complaint for the purpose of identifying appropriate options for resolution of the matter by the parties or decisions by the Commission;
- involves inquiry into issues of public or social policy rather than principally concerning allegations regarding individual behaviour; and
- can be investigated openly without unreasonable disclosure of personal information or breach of other duties of confidentiality.
Application of this approach in appropriate cases also has potential benefits in promotion of awareness of and compliance with the legislation.
The President decided on assuming responsibility for complaint handling in April 2000 to continue this approach on a trial basis. Results in the limited number of matters where this approach has been applied to date have been encouraging.
Captioned movies
The captioned movies initiative arising from a public complaint undertaken by the Commission into complaints in this area was launched at a reception on 9 April 2001 by Dr Ozdowski with industry and community representatives. Positive press and television publicity was received.
The Attorney-General sent a message of support in which he said: “This agreement to show captioned movies followed a complaint under the Disability Discrimination Act lodged by a man who was deaf and who could not enjoy movies with his family. The Commission, recognising that the complaint raised broad policy issues, dealt with the complaint as a public inquiry, allowing input from other areas of the movie industry and the disability field. I applaud this innovative use of the legislation to achieve positive partnerships working towards systemic change.”
A committee has been established which will be responsible for overseeing the implementation of the proposal developed by industry and an initial program for showing open captioned films in a number of cinemas throughout Australia is already available. Commission staff will continue to provide advice to the committee and a review of developments will be undertaken in April 2002.Closed captioning: broadcast television
In 1999 the then acting Disability Discrimination Commissioner commenced a public inquiry into complaints regarding limited provision of captioning for deaf and hearing impaired viewers on broadcast television. Submissions in this process were made publicly available through the internet for the information of interested parties and to assist the Department of Information Technology, Communications and the Arts in preparation of captioning standards under the Broadcasting Services Act, which commenced from 1 January 2001 and require captioning of news, current affairs and prime time broadcasting. The Commission is continuing discussions with industry and consumer representatives with a view to setting an agreed timetable for further expansion of captioning.
Telecommunications
Interference from digital mobile phones can be so severe that some people who use hearing aids are unable to use them and can therefore be denied access to mobile phone services. In September 1999 the Commission, in consultation with relevant parties, announced a public inquiry into the issue, prompted by a representative complaint made under the Disability Discrimination Act on behalf of people who use hearing aids or cochlear implants.
This inquiry was successfully concluded on 6 April 2001 with the announcement by each of Telstra, Optus and Vodafone of schemes to provide remedies.
Guidelines
Guidelines and advisory notes are available on a number of issues under the Disability Discrimination Act through the Commission’s internet site and on request. The Commission has indicated it will take these guidelines and notes into account in complaint handling and in decisions on exemption applications.
They are
- Advisory Note on public transport;
- Insurance and Superannuation Guidelines;
- Advisory Notes on Access to Premises; and
- World Wide Web Access (updated May 1999 to take into account the latest recommendation from the World Wide Web Consortium).
The Commission also maintains Frequently Asked Questions materials on a number of areas covered by the Disability Discrimination Act. These materials draw on responses to individual enquiries as well as the Commission’s complaint handling experience, participation in policy processes and relevant court and tribunal decisions. In particular, extensive Frequently Asked Questions materials are available regarding employment.
Exemptions
Under section 55 of the Disability Discrimination Act the Commission has power to grant temporary exemption from provisions of the Act which make discrimination unlawful. The Commission’s policy on exemption applications is obtainable on the Commission’s Internet site or on request.
The Commission views the temporary exemption mechanism as an important mechanism for managing the process of transition over time from discriminatory and inaccessible systems and environments to inclusive, accessible non-discriminatory systems and environments. Exemption processes are open to public participation, through online publication of the Commission’s notice of inquiry and details or text of applications and also publication of submissions from interested parties.
Applications decided
No new applications for exemption were received in the period 1 July 2000 to 30 June 2001. The following decisions were made on applications previously received:Regional Airlines Association
The Regional Airlines Association of Australia (RAAA) applied in 1999 for an exemption for five years regarding access to small aircraft by persons using wheelchairs and similar mobility aids. After taking submissions in response to a notice of inquiry, the Commission decided in August 2000 to refuse this application on the basis that the application and the process of public discussion had not identified appropriate conditions such that an exemption would advance the objects of the legislation.
Kendell Airlines
One of the members of the RAAA, Kendell Airlines, submitted its own application in April 2000 for an exemption regarding access to small aircraft by persons using wheelchairs and similar mobility aids. This application was supported by material additional to that in the RAAA application, including an action plan. An exemption was granted in August 2000 for a period of five years regarding
- lack of access to aircraft seats for people requiring wheelchair access, where this is prevented by limited aisle width
- lack of access to aircraft or seats for passengers requiring lifting, where this cannot be performed consistently with the requirements of applicable occupational health and safety laws due to space constraints of the particular aircraft.
- requirements for a passenger to be accompanied by an assistant for passengers unable to understand instructions or to exit unassisted in an emergency.
This exemption (available on the Commission’s web site or in other forms by request) is subject to a number of conditions agreed to by Kendell in response to issues raised in public submissions and intended to promote improved access over time for people with disabilities using regional air services.
Applications awaiting decision
Cattle Camp Motel
An application regarding accessibility of proposed demountable units at a rural Queensland motel, affected by flood height requirements remains on hold pending a response by the applicant to a number of issues raised in submissions.
Review of decisions
Persons whose interests are affected by a decision on an exemption application may seek to have the Commission’s decision reviewed by the Administrative Appeals Tribunal.
Melbourne trams exemption
An application for review of the Commission’s decision made in March 1999 regarding physical access to Melbourne trams was made by a number of parties but was withdrawn in April 2001. In this context it is relevant to note that, consistent with the timetable set in the Commission’s exemption decision, accessible trams are expected to begin to enter service in Melbourne in September 2001 and that considerable preparatory work on infrastructure has been performed.
Olympic Roads and Transport Authority
In June 2000 the Commission granted an exemption, on application from the Olympic Roads and Transport Authority (ORTA), to protect bus operators and other parties concerned from liability which might otherwise arise from the temporary transfer of accessible buses from other services to Olympic and Paralympic related services. The exemption was granted because in the Commission’s view the objects of the DDA are best served if operators who acquire accessible buses are free to determine on which services to deploy those buses, rather than this being determined by the Commission or other discrimination authorities.
After an application to the Administrative Appeals Tribunal for review of this decision the exemption was varied by consent of the parties to include conditions to protect existing regular users of accessible vehicles. Nothing in this process has invalidated the Commission’s original reasons for the decision.
Action Plans under the Disability Discrimination Act
As at 30 June 2001, 211 plans were registered with the Commission (increased from 170 as at June 2000), comprising 24 business enterprises, 20 non-government organisations, 30 Commonwealth government, 28 State government and 76 local government organisations, and 33 education providers. The register of Action Plans, and those plans provided electronically to the Commission (150 of the total), are available through the Commission’s internet site. This assists other organisations interested in developing their own plans and individuals interested in assessing the effectiveness and implementation of an organisation’s Action Plan.
In January 2001 Dr Ozdowski wrote to organisations which had submitted action plans, asking them to report if possible on implementation and evaluation of their plans. Revised plans or implementation reports have been submitted steadily in response through 2001.
Legislative reform and assessment
Disability Standards
The Disability Discrimination Act provides for “Disability Standards” to be made by the Attorney-General in specified areas, which currently include accommodation, administration of Commonwealth laws and programs, education, employment and public transport. Contravention of a Disability Standard is unlawful under the Act.
The Commission supports adoption of Disability Standards as offering potential to increase certainty and clarity of rights and responsibilities for relevant parties and advance the objects of the Act thereby.
The Commission has a function under the Disability Discrimination Act to advise the Attorney-General regarding the making of standards. To date the Commission has performed this function by practical participation in standards development processes rather than by way of formal reporting.
Access to Premises
Like other interested parties the Commission recognises that the main avenue for progress in improving accessibility of buildings is the process of revision of the Building Code of Australia by the Australian Building Codes Board towards a level suitable for recognition as complying with the Disability Discrimination Act, including through endorsement as a Disability Standard under the Act. The Commission continues to assist the Board to this end through its membership of the Board’s Building Access Policy Committee. Progress in this process has improved during 2000-01 and it is anticipated that a draft standard, harmonising the requirements of the DDA and an upgraded Building Code, may be ready for adoption by June 2002.
Education
A taskforce of the Ministerial Council on Employment, Education, Training and Youth Affairs is consulting on draft standards on education. The Commission is not included in the membership of this taskforce but is providing advice to participants on request.
Employment
Previous annual reports have detailed extensive co-operative work by the Commission, business, industry and community groups towards the development of employment standards but have also noted a lack of consensus for proceeding with regulatory standards. Dr Ozdowski has commenced discussions with relevant parties towards identifying means of making better use of the work already done in this area.
Public transport
The Commission has been assisting the Attorney-General’s Department and the Department of Transport towards finalising revised draft standards on accessible public transport for adoption, which is hoped to occur in the Spring 2001 session of Parliament, following Cabinet approval in October 2000.
