Disability Rights update: September 2006
About this update | Convention on human rights and disability | Employment | Electoral access| Mental health | Access to premises | Captioning | Telecommunications | Access to art and culture | Productivity Commission inquiry | Health access | Accessible electronic financial services | Electoral access | Transport issues | Recent speeches, media and meetings
Other recent editions: August 2006 | June 2006 | April 2006 | February 2006 | October 2005 | August 2005 . 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 advance unedited text of the Convention on the Rights of Persons with Disabilities is now available, following completion of negotiations on 26 August. As I said in the press release issued that day, Australian Government participation has been extensive and constructive, and I believe that this Commission's participation as part of the government delegation made a significant contribution, together with the outstanding role of Australian disability community representatives inside and outside the Government delegation.
I will be seeking discussions with government shortly on processes leading towards early signature and ratification of the Convention by Australia .
Employment Inquiry
Discussions are continuing with DEWR in relation to further implementation of the Inquiry recommendations. In particular, it seems that a model of our work trials recommendation has been adopted. We are negotiating with DEWR to collect insurance data with this trial to dispel the myths surrounding heightened health and safety risks of employees with disability.
We are also negotiating with DEWR modification of the Prime Minister Employer of the Year Awards as a method to publish and promote best practice.
Other DEWR activities include: provision of further feedback on information for people with disability and employers on the JobAccess website; discussions about collection of 'costs of participation' data; and recommencement of the OHS and flexible workplace working groups.
Extensive discussions have been held with both the Minister for Workforce Participation and the Department in relation to the possibility of DEWR leading a National Disability Employment Strategy. We also presented a paper and participated in a panel discussion on the topic "Towards a National Disability Employment Strategy" at the ACE national conference.
In discussions with the Office of the Australian Safety Compensation Council we learnt that the Heads of the Workers Compensation Agencies council are implementing part of our OHS recommendation. Both Councils will be participating in our OHS working group.
We are working with the APSC following the release of the Management Advisory Committee's 'Review into the Employment of People with Disability in the APS'. We are also assisting the Australian Employers Network on Disability with a workshop to be hosted by DEWR in October. The members of the MAC committee (19 Secretaries across the APS) will be invited to attend.
We have had follow-up meetings and discussions with Minister Hockey and the Department of Human Services regarding privacy and accesses issues associated with the new Job Capacity Assessment process.
We also attended a roundtable discussion held by Australian Fair Pay Commission to discuss minimum wage issues for people with disability in the open workplace.
Electoral access
Last month we welcomed Federal Cabinet's decision to approve a trial of electronic voting to provide access to secret ballots in Federal elections for the first time for people with print disabilities. I am continuing to work with the Australian Electoral Commission to assist toward implementation of this important initiative.
Mental Health
We have had meetings with the Mental Health Council of Australia regarding progress on issues related to people with mental illness and the need to develop and implement a national strategy addressing employment of people with mental illness.
Access to Premises
While awaiting further progress on the Access to Premises Standard I have continued to hold discussions with the Australian Institute of Building Surveyors, Royal Institution of Chartered Surveyors and Royal Australian Institute of Architects on access related matters.
References to information on design and construction of facilities such as recreational facilities, play areas, camping sites, fishing piers and golf courses has also been placed on the Commission's website.
Staff from the DRU continue to contribute to the work of Standards Australia, in particular the review of standards covering the interior fit-out of buildings and I will be addressing a National Forum on Universal Housing in early November.
Missed Business
This guide for small businesses, which was developed in partnership with Marrickville Council, continues to attract attention particularly from Local Government. A number of Councils have produced a local version and I was pleased to hear recently of the intent of the City of Sydney to launch their own version.
Captioning and media access
I am continuing to work closely with the TV and Cinema industries and disability organisations on strategies to improve the availability of captioning and audio description.
Media Access Australia , which supplies information and technical solutions to industry has recently undertaken a study tour overseas and will be providing important information which will assist in achieving even better outcomes in this area.
Telecommunications
Draft Guideline on accessibility of Payphones : While the increasing use of mobile phones has led to a fall in demand for public payphones, a recent report prepared by the Australian Communications Authority (ACA) (now the Australian Communications and Media Authority) concluded that there is still a significant need for payphones and that they are especially important for certain groups, including people in rural and remote areas, and people with disabilities. Earlier this year, work was begun on a voluntary guideline that will provide best-practice advice about the design and installation of payphones so that they are accessible to people with disabilities. In late July, the draft guideline was released for public comment, and some useful feedback has been received. DRU staff will continue their involvement with the development of the guideline, and it is hoped that it will be finalised in time to be launched on the International Day of Disabled Persons (December 3), the theme for which this year has been announced as being access to information and communication technologies
Access to art and culture
In its broadest sense, "access" applies not only to the built environment, transport, education, etc. but also to the products of human creativity and artistic endeavour, such as art galleries, museums, theatre and cinematic performances, and the like. DRU staff have recently commenced involvement in a Working Group being co-ordinated by Media Access Australia to develop protocols for and promote the use of audio description as an adjunct to TV programs, as well as artistic and sporting events. Of special benefit to people who are blind or vision impaired, but useful also to other groups, audio description typically involves the provision of verbal descriptions of visual components of artworks, drama, ballet, opera, cinema, TV content, and the like. The descriptions are accessed by the use of a small receiver that is used in conjunction with a central transmitter. Audio description is in very limited use in Australia , unlike some other countries such as the US and the UK where it is much more common. It is hoped that the new initiatives being planned by the Audio Description Working Group will lead to a much more widespread availability of audio description here, in much the same way as initiatives over the past few years have led to an increasing amount of captioning of TV programs, cinema, and other artistic events.
Productivity Commission review of the DDA
We are awaiting the Bill to implement the legislative components of the Government's response to the Productivity Commission review of the DDA. We have sought Counsel's opinion to inform our response to the Attorney's request for advice on options for co-regulatory mechanisms under the DDA to give more definite recognition to industry and other codes.
e have also written to the Treasurer and the Attorney to provide information on discussions between the Commission and insurance industry bodies on the relationship between our Guidelines on insurance and superannuation and the codes and arrangements which the insurance Council and the Investment and Financial Services Association have in place.
Progress continues on the work with representatives from the disability sector and the Royal College of General Practitioners on the project aimed at ensuring General Practices can provide equitable access to their services through the provision of height-adjustable examination beds.
I am also working with the disability sector on a project proposal which would result in a web based training, information and awareness resource aimed at people providing health care services.
Accessible electronic financial services
The Australian Bankers' Association has convened a Working Group including representatives from the banking and financial services sector, disability sector and the Commission to look at access issues associated with authentication systems being considered or used by industry to assist in combating fraud and other security related crimes. I am confident this initiative will produce valuable guidance for the financial services sector and other e-commerce sectors seeking to ensure their authentication systems are accessible to customers with disabilities.
The ABA continues to work with its members on implementation of the voluntary industry standards on accessible e commerce and I expect to receive an update on progress in December.
Transport issues
As foreshadowed last month, States and Territories have begun providing compliance data to the Commission - through the Department of Transport and Regional Services - on progress against the targets set out in the Disability Standards for Accessible Public Transport. Data has been published on our website from 5 jurisdictions and is anticipated shortly from Victoria , Tasmania and South Australia .
Exemptions
A consultation draft of recommendations to the Commission on the Australian Railways Association application for exemptions in relation to the Disability Standards for Accessible Public Transport will be available for discussion by the time of this meeting, and will also be issued for a brief public comment period additional to the consultation which has already occurred on this matter over the past year. After consideration of comments a final set of recommendations will be submitted to the Commission for decision.
Recent meetings / speeches / media
Commissioner Innes except where otherwise indicated
11 Aug: Launch of JobAccess, Melbourne (Ms Ricci)
12-27 Aug: UN working group on draft disability Convention, New York
15-16 Aug: Meetings with DEWR, Australian Public Service Commission and the Mental Health Council of Australia re follow up of Inquiry recommendations, Canberra (Ms Ricci)
25 Aug Meeting DHS re job capacity assessments and other issues (Ms Ricci)
26-28 Aug: Meetings re arts and telecommunications access, Melbourne (Mr Maguire)
28 Aug Interview SBS radio re UN Convention
29 Aug Interview Link magazine re UN Convention
29 Aug Meeting Chris Chapman, Chair, Aust Communications and Media Authority
31 Aug Meeting on height-adjustable beds (Cmr Innes, Mr Small)
1 Sep Discrimination Alert & Occ Health News Conference, Sydney
1 Sep Interview community radio re UN Convention
4 Sep Meeting Aust. Inst. Building Surveyors (Cmr Innes, Mr Small)
4 Sep Lecture Cumberland College health science students on disability issues
6-8 Sep ACE national conference on disability and employment, Perth (Ms Ricci)
6 Sep ABC Perth
6 Sep Sydney Access Forum (Commissioner Innes and Mr Small)
8 Sep Meeting Minister Hockey re accessibility of employment related services
8 Sep: Meeting Epilepsy Australia
12 Sep: Qld Taxi Conference; meetings Qld Transport (Brisbane)
13-15 Sep: Commissioner Innes in Seoul - meetings with Human Rights Commission on disability issues
14 Sep: Meeting with the Australian Fair Pay Commission regarding minimum wages for people with disability (Ms Ricci)
14/15 Sep Meetings with Victorian EOC, Disability Council and AFDO (Mr Small)