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Request for comments: Possible public inquiry on employment and disability issues

Request for comments: Possible
public inquiry on employment and disability issues

See now comments in response

Human Rights Commissioner and Acting Disability Discrimination Commissioner
Dr Sev Ozdowski OAM is considering recommending to the Human Rights and
Equal Opportunity Commission a possible public inquiry on issues affecting
equal employment opportunity for people with a disability in Australia.

Background

Improving employment opportunity and outcomes for people with disabilities
was a large part of the original motivation for introduction of the Disability
Discrimination Act ("the DDA") in 1992.

However, as indicated by the review published by the Commission in March
2003 of the first ten years of experience in implementation of the DDA,
the employment area is one where progress since the passage of the DDA
is hardest to identify.

Concerns in this area have been further highlighted by the review of
the Disability Discrimination Act ("the DDA") conducted by the
Productivity Commission over the last 16 months and the report of that
review released in July 2004.

Such statistics as the Commission is aware of indicate that

  • the proportion of people with a disability of working age who are
    participating in the workforce remains very much lower than the proportion
    for the population overall
  • among those people with a disability who are in the workforce the
    unemployment rate remains very much higher than for the population overall
  • in Australian Public Service employment (which both provides a significant
    sample of employment experience and might be expected having regard
    to Commonwealth Government policy and to available resources to provide
    a model of good practice) the proportion of people with a disability
    has fallen significantly.

Request for comments on issues and inquiry process

Comments are requested on

  • Whether a public inquiry in this area by the Human Rights and Equal
    Opportunity Commission would advance employment opportunity for people
    with a disability
  • Issues requiring specific attention or research as part of an inquiry
  • Other processes of review or policy development which ought to be
    taken into account in considering and / or conducting an inquiry in
    this area, including any issues where examination by an inquiry should
    be limited or exclude to avoid duplicating existing work
  • Other relevant research and information which ought to be taken into
    account in considering and / or conducting an inquiry in this area.

The Commissioner is seeking views and information on

  • issues affecting participation and opportunity for people with disabilities
    in employment in Australia which might appropriately be examined by
    a public inquiry process
  • including instances or areas of successful or promising practice as
    well as areas of barriers and difficulties.

Issues might include

  • Effectiveness of government measures: Effect of measures promoting
    employment participation and opportunity for people with disabilities
    and any options for improving these
  • Costs and disincentives for participation: Any economic disincentives
    to employment participation, including participation costs facing people
    with disabilities and means of addressing these
  • Income support: Effectiveness of income support arrangements
    in providing incentives and avoiding disincentives to participation
    including in addressing participation costs
  • Transport issues: Effect of transport accessibility issues
    on employment participation and opportunity
  • Built environment accessibility: Effect of access issues in
    the built environment on employment participation and opportunity
  • Equipment accessibility and adaptability: Possible impact of
    accessible procurement requirements (similar to those applying to the
    United States public sector under the Rehabilitation Act 1973)
  • Personal support and assistance: Effectiveness of arrangements
    for personal support in relation to employment participation (including
    home and attendant care, interpreting and other assistance)
  • Flexible working arrangements: Relevance and availability of
    flexible working arrangements including part time and home based work
    for people with disabilities and carers
  • Diversity and EEO programs and policies: Effectiveness of public
    and private sector policies and programs on diversity and equal employment
    opportunity in promoting equal opportunity for people with disabilities,
    including requirements to report on measures and outcomes
  • Information and advice on accommodating disability: Needs and
    possibilities for improved access to information and advice for employers
    on solutions to disability access and participation issues
  • Costs of adjustments: Costs of disability related adjustments
    and current and possible means for addressing these costs
  • Relationship of EEO to other legislation: Effect of occupational
    health and safety and other legislative requirements on opportunity
    and participation for people with disabilities and means for addressing
    these
  • Attitude and awareness issues: Any needs and possibilities
    for addressing community and employer attitudes and awareness in relation
    to people with disabilities or particular disabilities.
  • Education and training issues: How far unequal outcomes in
    employment for people with disabilities are related to inequality in
    education and training
  • Barriers in recruitment and gaining employment including possibilities
    for trial employment and work experience
  • Disadvantages in retaining employment for workers who have
    or acquire a disability
  • Disadvantages in promotion or career development
  • Disability specific issues and barriers: Issues affecting people
    with a particular disability or type of disability
  • Evidence and accountability issues: Whether there is sufficient
    data available on employment opportunity and outcomes for people with
    disabilities including in relation to workforce participation, unemployment
    and underemployment
  • Supported wages system: Effectiveness of productivity based
    wages and supported wage supplementation in promoting mainstream employment
  • Relationship between supported and open employment: Effectiveness
    of supported employment arrangements in increasing work skills and experience
    of people with disabilities and increasing opportunities for mainstream
    employment participation

Comments or submissions on issues raised by this paper would be welcome.
Please provide comments, by 18 September 2004, by e-mail to disabdis@humanrights.gov.au
, or to Disability Rights unit, HREOC, GPO Box 5218 Sydney 2001.