Human Rights and Equal Opportunity Commission Website

Disability Rights update: November 2006

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.

Employment Inquiry

Further discussions have been held with two Deputy Secretaries of DEWR regarding implementation of Inquiry recommendations and concerns in relation to the Welfare to Work reforms. I raised again the necessity of a national disability employment strategy with a whole-of-government approach to bring about significant coordinated and uniform change across Australia to address the multiple barriers for people with disability and employers; and referred to the current focus on the national skills shortage, record low unemployment rates for Australians without disability and high consistently high unemployment rates for Australians with disability.

The necessity of a national disability employment strategy has also been the prominent message in multiple employment and disability conference presentations over the past months. This included keynote addresses at the International Forum on Disability Management Conference held in Brisbane and the NSW Council for Intellectual Disability and NCOSS Conference held in Sydney . I also gave a keynote address at the Discrimination Alert Conference on the topic of OHS issues. A paper was also presented as part of a panel discussion on the need for national disability employment strategy at the ACE Conference held in Perth .

As reported previously, the Inquiry found that one of the main impediments to the employment of people with disability lies in employer concerns about increased exposure to legal and financial risks related to occupational health and safety, disability discrimination and unfair dismissal laws. Over the past few months several meetings have been held with key government departments and agencies and organisations to address this concern and explore the extent to which the Inquiry recommendation on this issue had been implemented. A need was identified for a working group to convene to address these concerns and support for this idea was obtained from the Office of the Australian Safety Compensation Council. An extremely successful Working Group meeting was held at the end of October with representatives from critical government departments and agencies, employer groups, unions, employment service provider peaks and disability peaks: HREOC, Office of the Australian Safety and Compensation Council Heads of Workplace Compensation Authorities, Heads of Workplace Safety Authorities, DEWR, ACCI, Ai Group, Employers First, Australian Employers Network on Disability, ACTU, Liquor, Hospitality and Miscellaneous Union, ACE, NESA, ACROD, Australian Federation of Disability Organisations, People with Disability Australia.

Further work was also conducted with regard to the employment of people with disability in the public sector with joint presentations being held with Susan Scott Parker from the United Kingdom Employers Forum on Disability on this issue.

In the lead up to the first wage-setting decision by the Australian Fair Pay Commission (AFPC) and subsequent to the lodgement of a submission with regard to wages for employees with disability in July, we participated in a round table consultation process with the AFPC to further inform their decision in relation to wages for people with disability as defined in the Workplace Relations Act. We were very pleased to see that the AFPC set the minimum wage for people with disability at the same amount as the Standard Federal Minimum Wage.

We also held further meetings with the Job Capacity Assessment Branch of the Department of Human Services regarding accessibility of services and a follow-up on privacy concerns.

Access to Premises

I attended a national forum on Universal Housing on 8 November and used the opportunity to call for a national plan of action in partnership between government industry and the community to address the current and growing need for more accessible housing.

Over the next few months I intend to hold discussions with potential partners to develop such a plan.

I have received no further information on progress in relation to the Access to Premises Standard.

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.

Information and communications technology

I have been discussing with a number of relevant organisations plans for making co-ordinated announcements on initiatives in this area to mark this year's International Day for people with disability next month.

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 (by phone and email after attending an initial meeting in Washington ). A more detailed report on these discussions will be available shortly.

Productivity Commission review of the DDA

We are still awaiting the Bill to implement the legislative components of the Government's response to the Productivity Commission review of the DDA.

Accessible electronic financial services

I have been participated in an Australian Bankers' Association Working Group on developing industry guidelines on accessible authentication systems. I expect draft guidelines to be available for public consultation in early December and believe they will be unique and of interest internationally

Transport issues

With the launch of their updated action plan for public transport services the Victorian government has now joined those with information available online on progress against the compliance targets in the Standards.

Earlier this month we participated in the Qantas customer forum on disability issues. Clearly much positive work is occurring on resolving access issues including improved information for staff and customers on methods for stowing wheelchairs, and on limitations of some aircraft.

We will be meeting with transport regulators later this month to discuss areas where airlines and airports perceive conflict or uncertainty in the relationship between safety regulations and the DDA.

Exemptions

Recommendations have been forwarded to the Commission on the Australian Railways Association application for exemptions in relation to the Disability Standards for Accessible Public Transport and on an application by Airport Direct.

Recent meetings / speeches / media

Commissioner Innes except where otherwise indicated

18 Sep: NCID/NCOSS employment conference, Sydney
18 Sep: Peter Lindley, Deafness Forum
20 Sep: Suzanne Colbert, Aust. Employers Network on Disability ( Sydney )
21 Sep: Aust. Electoral Commission re e-voting, Melbourne
22 Sep: Launch Vic. Public transport action plan
28 Sep: national conciliators conference, Sydney
3 Oct: Presentation to Guide Dogs Association (Mr Small)
5-6 Oct: Meetings with Chairman UK Disability Rights Commission (Mr Small, Mr Mason)
9 Oct: International Fed. Of Disability management on employment issues, Brisbane
9 Oct: Bert Massie, chair, UK Disability Rights Commission
9 Oct; Qld Parents for People with a Disability
11 Oct: Australian Bankers Association Working Group on Authentication (Mr Small)
12 Oct: Aust Building Codes Board CEO, Sydney
13 Oct: Local government conference re action plans, Ballarat
17 Oct; PWD Australia re disability convention pre-ratification issues
18 Oct: Susan Scott Parker, UK employers Forum on Disability, Canberra
18 Oct: Civil Aviation Safety Authority, Canberra re interaction DDA/CASA regs
19 Oct: Joint Standing Committee Foreign Affairs and Trade on disability convention, Canberra
19 Oct: Senator Penny Wong re employment and disability issues, Canberra
25 Oct: Gilbert and Tobin staff seminar re Convention on human rights and disability, Sydney
26 Oct : Microsoft Aust re health access information and IT issues, Sydney
30 Oct: Malisa Golightly, DEWR, Canberra re employment inquiry implementation
31 Oct: Senate estimates hearings, Canberra
31 Oct: Bus Industry Confederation conference, Canberra
31 Oct: Working group on OHS and disability, Sydney (Mr Mason, Ms Ricci)
1 Nov: Association of Consultants in Access Conference (Mr Small)
3 Nov: Aust. Association of the Deaf national conference, Adelaide
7 Nov; Qantas customer forum on disability, Sydney (Mr Mason)
8 Nov: national forum, universal housing design, Sydney (Cmr Innes, Mr Small); radio 2SM re accessible housing design
9 Nov: Claire Thorn, Office of Disability Victoria
15 Nov: interview SA community radio re accessible housing
15 Nov; ASTRA re captioning rollout (Mr Mason, Sydney )
17 Nov: Microsoft Aust re access and procurement issues
23 Nov: Aust. Communication and Media authority dinner , Canberra
24 Nov: Mike Adams, UK DRC
24 Nov: Commonwealth Bank re access issues

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