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National Inquiry on Employment and Disability Interim Report: 1. Background to the Inquiry

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    • National Inquiry on Employment and Disability

    Interim Report:

    1. Background to the Inquiry

    1.1
    Introduction

    1.2
    What does the Human Rights and Equal Opportunity Commission do?

    1.3 What are the terms of reference for this Inquiry?

    1.4
    Why an Inquiry now?

    1.5
    What is the Inquiry's methodology?

    1.5.1
    Issues papers

    1.5.2
    Written submissions

    1.5.3 Consultations and working groups

    1.5.4 Publication of this Interim Report and Interim Recommendations

    1.5.5
    Publication of a final report and recommendations

    1.6
    What is the focus and structure of this Interim Report?

    1.1 Introduction

    Australians with disability are much less likely to be employed than
    people without disability. They have a comparatively lower labour force
    participation rate (53.2% compared to 80.1%) and a higher unemployment
    rate (8.6% compared to 5%) than those without a disability.

    The National Inquiry into Employment and Disability was launched by
    the Human Rights and Equal Opportunity Commission on 4 March 2005 in
    order to address this well known inequity.

    The goal of the Inquiry is to identify the primary reasons for low
    participation and employment rates for people with disabilities, and
    to work towards practical, achievable solutions.

    This Interim Report:

    • summarises the main issues raised in the submissions received
      by the Inquiry to date;
    • makes interim recommendations; and
    • sets out a plan of action for the second half of
      2005.

    The final report of the Inquiry is due to be published by the end of
    2005.

    1.2 What does the Human Rights and Equal Opportunity
    Commission do?

    The Human Rights and Equal Opportunity Commission (the Commission)
    is an independent statutory authority established under the Commonwealth
    Human Rights and Equal Opportunity Commission Act 1986 (the
    Act).

    One of the main purposes of the Commission is to monitor Australia's
    compliance with human rights norms, including the International Labour
    Organisation Convention concerning Discrimination
    in respect of Employment and Occupation (ILO 111) and
    the UN Declaration on the Rights of Disabled Persons. Both these international
    instruments highlight the importance of ensuring equality of opportunity
    in employment for people with disability.

    The Commission has statutory responsibilities under the Commonwealth
    Disability Discrimination Act 1992     (the DDA). The purpose of the
    DDA is to ensure equality of opportunity and protect against unlawful
    discrimination of people with disability in the workplace, amongst other
    things.

    Some of the functions of the Commission include:

    • examining laws regarding equality of opportunity in employment;
    • inquiring into acts and practices related to equal
      opportunity in employment;
    • promoting understanding and public discussion of
      equality of opportunity and treatment in employment situations;
      and
    • making recommendations to the Commonwealth Parliament
      regarding how to improve Australia's performance in these areas.[1]This Inquiry focuses on equality of opportunity for people with disability.

    1.3 What are the terms of reference for this Inquiry?

    The following terms of reference were issued on 4 March 2005.

    Dr Sev Ozdowski, Human Rights
    Commissioner and Acting Disability Discrimination Commissioner, will
    conduct on behalf of the Human Rights and Equal Opportunity Commission
    and pursuant to sections 31(a)(b)(c) and (e) of the Human Rights and
    Equal Opportunity Commission Act 1986 (Cth), an inquiry into equal
    opportunity in employment and occupation for people with a disability
    in Australia.

    The purpose of the inquiry
    is to:

    • identify existing
      systemic barriers to equal employment opportunity for people with
      disabilities;
    • examine data
      on employment outcomes for people with disabilities including workforce
      participation, unemployment and income levels; and        
    • examine policies,
      practices, services and special measures implemented to advance
      equal employment opportunities for people with disabilities.

    The scope of the inquiry includes:

    • Commonwealth
      government as an employer and service provider; and
    • private
      sector employers.

    1.4  Why an Inquiry now?

    Before this Inquiry was launched, the Commission sought public comment
    on whether or not a public inquiry might advance employment opportunities
    for people with disability. The Commission received 22 submissions on
    the topic, all of which commented on the usefulness of such a process.[2]
    One of the common themes in those submissions was that, despite the
    talk, there was very little action in the area.

    The statistics show that people with disabilities participate in the
    workforce at lower rates, they are less likely to be employed when they
    do participate, and they will earn less if they do get a job.
    This has been the case for a long time and the problem is not
    just ongoing, it seems to be getting worse. The detailed statistics
    can be found in Issues Paper 1.[3]

    There have been several investigations into the issue over the past
    few years, as discussed in Issues Paper 4.[4]
    Many of those reports focus on the barriers to employment as opposed
    to the solutions to the problem, and little action appears to have been
    taken with respect to the recommendations in those reports.

    Further, earlier investigations into employment of people with disability
    tend to examine either the employee perspective or the
    government perspective or, less frequently, the employer perspective.
    This Inquiry seeks to take a more holistic approach to the employment
    of people with disability.

    Accordingly, this Inquiry was launched in March 2005 to refocus the
    debate onto practical solutions that can be implemented in the short
    to medium term, and which will have long-lasting impact. One of its
    primary goals is to ensure that these solutions consider the interests
    of all participants in the employment equation - people with disability
    as employees, private employers, public employers, employment services
    and the Federal Government as a welfare and service provider.[5]

    The Federal Government's concern about labour force shortages, the
    recently announced welfare reform package and discussions about new
    industrial relations laws makes this Inquiry particularly well-timed.

    Many of the Commonwealth employment functions relevant to people with
    disability have been transferred from the Department of Family and Community
    Services (FaCS) to the Department of Employment and Workplace Relations
    (DEWR). So far indications are that DEWR is taking the issue of employment
    of people with disability seriously and is open to new ideas.

    1.5 What is the Inquiry's methodology?

    The Inquiry is committed to a cooperative and responsive methodological
    approach. It intends to use a constructive and intensive consultation
    process with all relevant players through the following means:

    1.  Publication of short Issues Papers designed
    to elicit comment from all members of the public.

    2.  Gathering and publishing written submissions from the public.

    3.  Working with a range of parties to identify, develop and implement practical
    initiatives that address the issue of employment of people with
    disabilities.

    4.  Publishing this Interim Report to provide a platform for action and reaction.

    5.  Publishing a final report with recommendations for the future.

    These methodologies are discussed in more detail below.

    The specific methodology for the remaining months of the Inquiry are
    set out in more detail in Chapter 8 of this interim report (Next Steps).

    1.5.1 Issues papers

    On 4 March 2005, the Inquiry published four Issues Papers designed
    to focus attention on specific questions and to elicit written submissions
    by 15 April 2005.

    The papers discuss the following issues:

    • Issues Paper 1:Employment and disability: The statistics
    • Issues Paper 2: Employment and disability: The issues for
      people with a disability
    • Issues Paper 3: Employment and disability: The issues for
      employers
    • Issues Paper 4: Employment and disability: Commonwealth
      Government assistance

    A fifth Issues Paper was released on 8 June 2005:

    • Issues Paper 5: Mapping of Commonwealth Government Services
      - Stage One of the Information Gathering Exercise.

    The focus of Issues Paper 5 was to publish the information gathered
    by the Inquiry through a Commonwealth Government agency meeting on 15
    March 2005. It represents the first step towards a clearer map of government
    service provision. The Inquiry asked for feedback about the scope and
    quality of the information in that paper (by 24 June 2005).

    Finally, the Inquiry has now published a
    sixth Issue Paper, which summarises this Interim Report:

    • Issues Paper 6: Interim Report - Executive
      Summary, Interim Recommendations, Next Steps

    As discussed in Chapter 8, the Inquiry will
    publish at least two more Issues Papers which will contain research
    on international models for:

    (a)    income support and employer incentive schemes
    regarding people with disability; and

    (b)   government procurement policies.

    All Issues Papers are available on the Inquiry website at: www.humanrights.gov.au/disability_rights/employment_inquiry/index.htm#issues.

    1.5.2 Written submissions

    The Inquiry set an initial deadline of 15 April 2005 for written submissions.
    However, as noted above, the Inquiry is committed to an ongoing process
    of consultation and continues to request and accept responses and suggestions
    from all interested parties.

    As at 1 August 2005, the Inquiry had received 133 written submissions.
    The submissions come from a wide variety of constituents, including:

    • carers of people with disability
    • community
      legal services
    • community welfare groups
    • disability peak bodies
    • employment services
    • Federal
      government agencies
    • groups representing people who are blind and vision
      impaired
    • groups representing people who are Deaf and hearing
      impaired
    • groups representing people with intellectual disability
    • groups representing people with mental illness
    • individuals with disability
    • private sector employer peaks
    • private sector employers
    • social service advocacy groups
    • State equal opportunity Commissions
    • State government agencies.

    The Inquiry encourages further submissions in relation to issues raised
    in this Interim Report. The deadline for further submissions is 30
    September 2005    .

    A list of submissions, and electronic copies of those submissions (where
    available) can be found on the Inquiry's website at: www.humanrights.gov.au/disability_rights/employment_inquiry/subs1/index.htm.

    1.5.3 Consultations and working groups

    As discussed above, this Inquiry is committed to consulting and gathering
    the relevant people to identify specific problems and develop practical
    solutions regarding the employment of people with disability.

    In particular, the Inquiry has focussed on a consultation methodology
    to ascertain the employer perspective. This is primarily due to the
    fact that less than twenty percent of the written submissions have come
    from employers or employer bodies.

    To date, the focus of the Inquiry's consultations has been to gather
    general ideas and feedback on the range of barriers and solutions to
    the issue of employment of people with disability.

    The Inquiry has held the following group consultations as at 1 August
    2005:

    1. Canberra - 15 March 2005: Federal government consultation6]
    2. Sydney - 31 March 2005: Inter-sector consultation[7]
    3. Melbourne - 7 April 2005: Inter-sector consultation[8]
    4. Brisbane - 22 April 2005: Employer-only consultation[9]
    5. Sydney - 7 July 2005: Employer-only consultation[10]

    The Inquiry has also attended various fora of ect relevance to the
    Inquiry. In particular:

    1.
    Melbourne - 29 June 2005: Mental Health Council
    of Australia Forum on Promoting Supportive Workplaces for People
    with Mental Illness

    2. Melbourne - 13 July 2005: Department of Employment
    and Workplace Relations Employer Roundtable

    3. Sydney - 20 July 2005: Mental Health Council
    of Australia Forum on Promoting Supportive Workplaces for People
    with Mental Illness

    Finally, the Inquiry has held a number of one-on-one meetings with
    people from various organisations including:

    1. Australian Chamber of Commerce and Industry (ACCI)
    2. Australian Public Service Commission (APSC)
    3. Business Council of Australia (BCA)
    4. Catholic Commission for Justice, Development and Peace (CCJDP)
    5. Council of Small Business Organisations Australia (COSBOA)
    6. Diversity@Work
    7. Employers Making a Difference (EMAD)
    8. Equal Opportunity Commission of Queensland
    9. Equal Opportunity Commission of South Australia
    10. Equal Opportunity Commission of Victoria
    11. IBM Limited
    12. Mission Australia
    13. National Australia Bank Limited
    14. Open Minds Employment Service
    15. Rio Tinto Limited
    16. Victorian Employers Chamber of Commerce and Industry (VECCI)
    17. Westpac Limited
    18. Dr Harvey Whiteford, University of Queensland.

    Going forward, the Inquiry intends to gather four small working groups
    to address specific issues, as set out in
    Chapter 8 of this Interim Report. The Inquiry will also continue
    to meet with interested groups either individually or collectively.

    1.5.4 Publication of this Interim Report and Interim
    Recommendations

    As noted above, the Inquiry's main goal is to develop practical measures
    to address some of the most pressing issues regarding employment of
    people with disability. Accordingly, it did not seem appropriate to
    leave the hard work of making and implementing its recommendations until
    the end of the process.

    The Inquiry has therefore published this Interim Report to summarise
    the information and ideas contained in the written submissions so far.

    The interim recommendations set out in Chapter 7 of this Interim Report
    are the platform for the Inquiry's activities in the second half of
    2005. The focus of those efforts is outlined in Chapter 8.

    1.5.5 Publication of a final report and recommendations

    The final report of the Inquiry is due to be published by the end of
    2005. That report will not replicate the information in this Interim
    Report. Rather it will summarise the activities undertaken since the
    publication of this Report and make recommendations for ongoing action.
    The final report will also reflect any further submissions received
    by the Inquiry.

    1.6 What is the focus and structure of this Interim
    Report?

    The written submissions and consultations to this Inquiry have raised
    many different issues, concerns and ideas. This Interim Report does
    not attempt to comprehensively recount all of that information, even
    though most of it is ectly relevant to the overall issue of employment
    of people with disability. Nor has the Inquiry engaged in independent
    research for the purposes of producing this report.

    Rather, this Interim Report attempts to:

    • group the issues raised in the submissions into common themes;
    • select the issues within those themes that appear to be the most
      pressing; and
    • develop an agenda for further research and action in the remainder
      of 2005.

    The term 'people with disability' covers people in a wide range of
    circumstances. Some disabilities are sensory (eg visual and hearing
    impairments), some relate to mobility, some are intellectual disabilities,
    some are mental illnesses and some are an acquired brain injury. Some
    disabilities are present at birth, some are the result of car and sporting
    accidents, some are acquired in the workplace, some are the result of
    illness. Some disabilities are severe, some are mild and other disabilities
    lie somewhere in between. Some disabilities are readily recognisable,
    others may be invisible until disclosed. Some disabilities are permanent,
    some are temporary, and some are episodic. Some need physical workplace
    accommodations, others do not. Some need on-the-job supports, others
    do not. Some people with disability have strong family and independent
    financial supports, others do not. Some people with disability are suited
    to working in the primary sector, others in the manufacturing sector
    and others in the services sector. Some are suited to senior positions,
    others to more junior positions.

    There is no single way to address the needs and concerns of this diverse
    group of people, but there are some unifying themes. This report focuses
    primarily on those common features. However, where submissions have
    highlighted special needs of different groups, the Inquiry has tried
    to separate out those concerns. In particular, there were many submissions
    to the Inquiry that dealt with the special needs of people with mental
    illness, Deafness and hearing impairments, visual impairments and intellectual
    disability.

    In developing the themes of the report, the Inquiry identified the
    two main constituents in the employment process to be:

    1.  potential or actual employees with disability; and

    2.  potential or actual public and private employers of people with
    disability.

    While employment services, government services and community groups
    have a role in enabling those two parties, they are primarily discussed
    in this Interim Report within that context.

    Further, it became apparent to the Inquiry that there were three types
    of concern that were common to both employees with disability and employers:

    1. Information needs - an absence of easily accessible and comprehensive
    information for both people with disability and employers.

    2. Cost - the costs of participation for people with disability and
    the costs of employing a person with disability for employers.

    3. Risks - concerns from employers and employees about what might
    happen if a job does not work out.

    Finally, it became clear that the issues facing employees and employers
    varied throughout the three phases of the employment process, namely:

    1. Job readiness - being ready and qualified to enter the open workforce.

    2. Job seeking - recruitment and selection processes in the open workforce.

    3. Job retention - keeping and progressing within a job in the open
    workforce.

    The Interim Report therefore addresses the information needs, costs
    and risks facing employers (Chapter 2) and people with disability (Chapter
    3) in a general sense and then moves on to the specific issues arising
    at each stage of the process (Chapters 4-6).

    Chapter 7 sets out the interim recommendations that arise as a result
    of this material and Chapter 8 sets out the next steps for the Inquiry.

    Thus the Chapters of this Interim Report are as follows:

    • Chapter 1: Background to the Inquiry
    • Chapter 2: Information needs, costs
      and risks for employers
    • Chapter 3: Information needs, costs
      and risks for people with disability
    • Chapter 4: Getting ready for the open
      workplace
    • Chapter 5: Recruitment in the open
      workplace
    • Chapter 6: Job retention in the open
      workplace
    • Chapter 7: Interim recommendations
    • Chapter 8: Next steps for the Inquiry

    There is a detailed table of contents on the first page of each chapter
    to assist readers in navigating the more detailed content.

    Endnotes:
    Chapter 1

    [1]
    Human Rights and Equal Opportunity Commission Act 1986, s 31.

    [4]
    See http://www.humanrights.gov.au/disability_rights/employment_inquiry/papers/issues4.htm.
    See also House of Representatives Standing Committee on Employment,
    Workplace Relations and Workforce Participation, Working for Australia's
    future: Increasing participation in the workforce    , March 2005.

    [5]
    While recognising the role of State and Territory governments, they
    are beyond the scope of the Inquiry.