Disability Rights update: May 2007

Other recent editions: February 2007; November 2006| September 2006 | August 2006 . Material from older editions is incorporated in HREOC's annual reports available online.

About this update

This Update from Disability Discrimination Commissioner Graeme Innes is a slightly edited version of his regular disability rights project report for meetings of the Human Rights and Equal Opportunity Commission. It is published as close as possible to Commission meetings, which are generally held 6 to 8 weeks apart. Events are notified first in the What´s New section of the Disability Rights home page, so check there if you want to keep fully up to date.

You can subscribe to our email list to be notified when new editions of this update are issued and when other major developments occur, by sending a blank message to join-drupdate@list.humanrights.gov.au

Your comments on any project or issue are welcome, preferably sent by e-mail. Contact us at: disabdis@humanrights.gov.au , or by mail to Disability Rights Unit, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney NSW 1042.

Convention on Human Rights and Disability

The Convention was opened for signature on 30 March and, as stated in a press release issued by the Commission that day, it was very pleasing to see Australia sign on the opening day. As also stated in our press release and directly to Ministers we now look forward to the Australian Government working positively towards ratifying and implementing the Convention in consultation with state and territory governments and with the disability community.

I am planning to conduct a workshop for peak disability community organisations next month on the Convention to assist them in developing information and other strategies for using the Convention to advance the human rights of people with disability in Australia .

Employment issues

I have recently written to the Prime Minister to request his support for the development of a National Disability Employment Strategy. The need for such a strategy is becoming increasingly apparent as unemployment levels for people with disability are not declining notwithstanding the current record low unemployment rate in Australia and the national skills shortage. I have also raised the need for a long-term integrated strategy with an adviser to the new Minister for Employment and Workplace Relations, the Hon Joe Hockey,.

The working group which was convened to examine the current model of employment support services for jobseekers and employees with disability and employers has continued to work collaboratively and met several times over the past few months. As mentioned previously, the aim of the working group is to identify changes to improve the flexibility and capacity of services to respond to needs of job seekers and employees with disability and their employers in the open workplace. To date, the working group has identified areas of concern and drafted a set of principles to guide recommendations for areas of reform. The Working Group is due to meet again soon to draft recommendations to improve the delivery of employment supports to people with disability, both in the long- and short-term.

With regard to the current model of employment support for people with disability, concerns have recently been raised with regard to Indigenous people with disability. These concerns were not raised during the Inquiry into Employment and Disability and are complex. I have discussed these concerns with the Social Justice Unit and am attempting to obtain a clearer picture of the barriers being faced by Indigenous people with disability seeking employment. This will enable these issues to be incorporated into the follow up work of the Inquiry.

With regard to the improvement of employment support services delivered by the private sector, we are currently continuing discussions with the Recruitment and Consulting Services Association (RCSA), the peak body of the employment services industry in Australia and New Zealand , in relation to strategies to assist private recruitment agencies to engage and support employers to hire people with disability.

Preparations are also underway for the next Occupational Health and Safety and Employees with Disability Working Group meeting which is being convened jointly by HREOC and the Office of the Australian Safety and Compensation Council (OASCC). The working group is considering a variety of strategies to address employer concerns about perceived increased exposure to legal and financial risks related to occupational health and safety, one of the main impediments to the employment of people with disability in the open workplace. I am delighted by the support shown by the OASCC for this work as their involvement, and endorsement, is seen as critical by employers.

I also met with Dr Penny Allbon (Director) and Ian Spicer (Board Member) of the Australian Institute of Health and Welfare to discuss the possibility of AIHW conducting research into the economic costs of disability for people with different disabilities associated with participation in employment (Recommendation 3 of the Inquiry: Research into costs). This research is vital to determine the appropriate amount of support and funding for many people with disability whose costs increase significantly upon commencing employment and escalate even further as a result of the loss of concessions and entitlements over time.

I also made a submission to the Australian Fair Pay Commission 2007 Minimum Wage Review. In that submission I urged the AFPC to consider the links between disability and poverty and the high costs associated with participation in employment for many people with disability when adjusting the Standard Federal Minimum Wage and the Special Federal Minimum Wage.

The problematic issue of disclosure of disability in the workplace was also discussed at the Australian Employers Network on Disability seminar, where rights and responsibilities of employers and employees with disability were analysed and suggestions for best practice were highlighted.

Access to Premises

We are still awaiting information on progress in relation to the proposed Disability Standard on Access to Premises. It is now more than three years since the release of the first draft for public comment and more than a year since I reported that a revised proposal had been forwarded to the Attorney General and Minister for Industry, Tourism and Resources for their consideration.

While I remain committed to assisting in further negotiations to complete this important project, I have decided to proceed with a number of initiatives aimed at improving understanding about the importance of access in the built environment.

First I will be improving access on our website to local and overseas information which deals with issues such as recreational facilities, playgrounds, public footpaths and fitout matters.

Secondly, I will be completing the Access to Buildings and Services - Guidelines and Information which has been available for public comment over the past few weeks.

These guidelines will assist building owners and service providers to identify issues that might affect the level of access provided by their current building, or a building they are thinking of buying or renting. They will also help service providers to look at whether the goods and services provided are accessible to people with a range of disabilities.

Thirdly, I will be releasing a guide to assist designers, builders, certifiers and planners to better understand the importance of vigorously applying the access features required by the Building Code of Australia and its referenced Australian Standards.

This guide will consist of a brief explanation of access requirements and a number of photographs of good and bad applications in buildings. It will cover the 10 or so most common areas of mistakes in the design and construction of features such as ramps, toilets, signage and lifts.

Finally I will consider a review and re-issuing of the Commission's Advisory Notes on Access to Premises if there seems to be little prospect of progress in the near future on the Access to Premises Standard.

Audio description, captioning and media access

DVD access

I hosted a valuable Roundtable discussion on access to DVDs in February. The discussion focussed on how to improve access to captioning and audio description (AD) on DVDs, both imported and Australian produced.

The Roundtable agreed to establish a working group with representatives from the Australian Visual Software Distributors Association (AVSDA), disability sector, Media Access Australia and Commission to explore further what action could be taken to:

• ensure accuracy and consistency of labelling of access features on DVDs and on public information sources such as websites

• identify the barriers that have prevented access features being included on DVDs released in Australia and how can they be overcome

• identify what needs to be done to ensure Australian produced TV series and features include access features

I was particularly pleased with the way industry and the community sector approached the working group discussions, looking for ways to move forward in partnership.

AVSDA agreed to consider a number of initiatives at their next Board meeting and MAA and the disability sector agreed to do some work on the business case for better access. I agreed to hold discussions with appropriate organisations concerning Australian produced TV series and features. The working group will be meeting again in June to review progress.

TV captioning

Free to air TV providers have commenced at an internal level the review of possibilities for further increases in levels of captioning as required in the 2003 temporary exemption granted by the Commission and have advised that they will be consulting the Commission and disability community organisations involved shortly.

Cinema captioning

I have received a copy of a letter from the Australian Association of the Deaf and Deafness Forum to industry bodies involved in the 2001 Cinema Captioning agreement that the Commission facilitated. The disability sector raised a number of concerns with industry about what they see as very limited progress and has requested an opportunity to review the agreement. I am not aware of the industry's response at this stage but will provide whatever assistance I can in further discussions.

Health access

Despite a number of encouraging developments in our discussions with the Royal Australian College of General Practitioners and the Department of Health we have not yet achieved a solution to the issue of availability of height-adjustable examination beds in all general practices.

In previous meetings with the Minister for Health I was encouraged by his recognition that this was an important health access issue and have written to him asking for his thoughts on how we might reach a more satisfactory outcome.

Information and communications technology

Mr Maguire continues to participate in the discussions of the US Access Board committee reviewing the standards on information and communications technology under s.508 of the US Rehabilitation Act.

Productivity Commission review of the DDA

The Bill to implement the legislative components of the Government's response to the Productivity Commission review of the DDA is listed among those scheduled for introduction in the Autumn sittings, but not as having priority for passage. I understand that drafting time has yet to be secured accordingly. I intend to raise with government what options there may be for securing implementation of government decisions in this area which would assist with the effective implementation of the DDA and its objects but are now well over a year old.

Accessible web information and authentication procedures

Issues in this area were highlighted earlier this month when the government's national Do Not Call register was launched with a web registration interface which required people to be able to see graphic representations of numbers or letters - intended to prevent misuse by automated means but clearly excluding use by blind people. Alternate mean of registration via phone was not capable of offering equivalent convenience of access given the very high level of initial demand for registration After I and disability community organisations raised concerns the Australian Media and Communications Authority moved quickly to implement a more appropriate and accessible solution but this incident highlights the importance of work we have been doing with the banking and finance sector on accessible authentication procedures and the need for continued promotion to industry and even within the Commonwealth itself of the essential nature of accessible web services. I also intend to pursue further discussions with ACMA as the lead regulator of significant areas of information and communications access on further development of its own regulatory and policy agendas to promote equal access for people with disability in those areas.

Accessible consumer electronics products

We have commenced work towards a discussion paper on access issues affecting people with disability in using a range of consumer electronics products and possibilities for addressing these issues. Many products, such as microwave ovens, washing machines, home entertainment equipment such as televisions, set-top boxes and hifi systems, electronic exercise equipment, and cooking appliances, incorporate touch screens instead of traditional dials and similar controls, and they also rely increasingly on visual displays to convey essential user information. As numerous appliances become smaller, taking advantage of manufacturing techniques of micro-miniaturisation, buttons and controls are also becoming smaller and more closely spaced. These and similar product development trends pose a number of access barriers for people with disabilities, and will affect increasing numbers of people as the population ages.

The discussion paper is intended to serve as a platform for further approaches both in public discussion and in discussions with industry and government.

Accessible public transport

The five year review of the Disability Standards for Accessible Public Transport has commenced with the appointment of the Allen Consulting Group to conduct consultations and report to the Minister for Transport and Regional Services and the Attorney-General. I understand that most jurisdictions have commenced their own consultations with disability representatives to inform their submissions to this process. I am considering what form of submission would be appropriate for the Commission to make and will consult further with colleagues on this in coming weeks.

Exemptions

Discussions with the Australian Railways Association and representatives of the Australian Federation of Disability Organisations have commenced on matters where the Commission deferred a decision in its temporary exemption decision earlier this year. I expect to be able to submit a further round of proposals for decision at the next meeting of the Commission.

A temporary exemption has been granted for a period of 12 months to Hervey Bay RSL Club to allow time to provide access to their courtesy bus services..

Recent meetings / speeches / media

Commissioner Innes except where otherwise indicated

15 Feb: Meeting with Dr Penny Allbon and Ian Spicer, AIHW
15 Feb: Office of the Access Card re disability access issues (Cmr Innes, Mr Mason) Sydney
19 Feb: DVD Roundtable (Cmr Innes, Mr Small) Sydney
19 Feb: ABC Radio re DVD roundtable
22 Feb: Physical Disability Council of Australia (Cmr Innes, Mr Small) Sydney
22 Feb: Tasmanian Bus Association (Mr Mason), Sydney
26 Feb: Employment supports working group meeting, Melbourne (Ms Ricci)
2 Mar: Department of Industry Tourism and Resources re access to premises standard s ( Sydney )
6 Mar: Aust Taxi Industry Conference, Adelaide
6 Mar: S.A. government Disability Inclusion Unit forum on e-accessibility ( Adelaide )
8 Mar: SBS News, Radio 3RPH on guide dogs and taxis
9 Mar: Meeting with National Seniors re role in disability issues (Cmr Innes, Mr Small) Sydney
13 Mar: Vision Australia forum ( Melbourne )
16 Mar: ABC radio re electronic voting
20 Mar: Deafness Forum seminar on best practice accessibility ( Brisbane )
21 Mar: Meeting with Chinese delegation re disability legislation ( Sydney )
23 Mar: Meeting with Deafness Forum (Cmr Innes, Mr Maguire) Sydney
28 Mar: Meeting with Andrew Kirk, Adviser to the Hon Joe Hockey, Minister for Employment and Workplace Relations
28 Mar: Meeting Bennie Ng, adviser to Minister Tony Abbott re adjustable height examination couches
28 Mar: Disclosure of Disability in the Workplace Seminar, Australian Employers' Network on Disability, Canberra (Ms Ricci)
30 Mar: Radio 2SM re Convention signing
3 Apr: Media Access Australia board meeting, Sydney
4 Apr: 2SER interview re Convention
13 Apr: Employment supports working group meeting, Melbourne (Ms Ricci)
13 Apr: Disability issues in leadership (Ryde)
16 Apr: Meeting with AFDO re access to premises (Cmr Innes, Mr Small) Sydney
16 Apr: Farewell for Maryanne Diamond as AFDO CEO and commemoration of signature of Convention ( Sydney )
17 Apr: DVD access working group (Cmr Innes, Mr Small), Sydney
26 Apr: Robyn Hunt (NZHRC) and Fiona Smith (VEOC) re Convention ( Sydney )
30 Apr: Australian Electoral Committee E-voting committee (Melbourne)
4 May: Interviews SMH, Australian re accessibility of registration for Do Not Call register
4-8 May: Roundtable on Information Access, Adelaide (Mr Maguire)
8 May: Victorian Transport Ticketing Authority (Mr Mason, Mr Small)
9 May: Australasian Railways Association, Aust. Federation of Disability Organisations (Mr Mason)
8 May: radio interviews (ABC, 2SM, 2UE) re blind or deaf persons as jurors
10 May: Association of Independent Schools, Special Education Conference - Ryde

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