National Inquiry on Employment and Disability Interim Report: chapter 8
National Inquiry on Employment and Disability
Interim Report:
8.
Next Steps for the Inquiry
8.2 Consultation and input
into DEWR processes
8.2.1 One-stop-information-shop
8.2.2 Improvements to the Workplace
Modification Scheme
8.3 Working groups to develop
innovative models
8.3.3 A model for ongoing supports
for employers and employees
8.3.4 A model for a flexible
workplace
8.4 Research to be published
in Issues Papers
8.4.1 International models
for increasing participation and employment of people with disability
8.4.2 International models
for government procurement policies
8.5 How can you participate
in the Inquiry?
8.1
Introduction
Given the limited time frame of this Inquiry, it has selected several
areas of focus for the remaining months of 2005:
- Develop a one-stop-information-shop (Interim Recommendations 1 and
2) - Improve the Workplace Modifications Scheme (Interim Recommendation
11) - Develop a pilot project to identify any risks associated with occupational
health and safety laws, disability discrimination laws and industrial
relations laws (Interim Recommendation 13) - Develop a model for work trials (Interim Recommendation 15)
- Develop a model for providing ongoing support to employers and employees
with disability (Interim Recommendations 17 and 18) - Develop a model for a flexible workplace (Interim Recommendation
19) - Research international models for increasing participation and employment
(Interim Recommendation 4) - Research international models for government procurement policies
(Interim Recommendation 24)
These topics were chosen on the basis that:
(a) the submissions indicate that they are a pressing concern; and
(b) there may be substantial progress within the timeframe left for
the Inquiry.
The Inquiry will use three different methods to purse these areas:
- Consultation and input into Department of Employment and Workplace
Relations (DEWR) processes (1 and 2 above) - Convening working groups to develop models in specific aspects of
the employment process (3 - 6 above) - Research to be published in Issues Papers (7 and 8 above).
However, as discussed in Chapter 7, the Inquiry is conscious of the
need for a holistic approach to addressing the participation and employment
of people with disability in the open workplace. Therefore the areas
identified in this Chapter should not be taken in isolation of other
approaches to the issue of employment of people with disability.
8.2
Consultation and input into DEWR processes
In the 2005 Budget, DEWR committed to:
a) developing an information source for employers; and
(b) reviewing the Workplace Modifications Scheme.
The Inquiry does not want to replicate processes that are already under
way. Rather, the Inquiry is eager to contribute to those initiatives,
using the information provided by submissions and consultations. The
Inquiry will therefore ask DEWR if it would consider including the Inquiry
in those processes.
8.2.1
One-stop-information-shop
DEWR has committed to establishing a one-stop-information-shop for
employers based on the Job Accommodation Network (JAN) in the United
States. The submissions to the Inquiry indicate the need for a broader
approach to the provision of information as set out in Interim Recommendation
1 and section 7.2.1.
Further, the submissions urge for clearer information about the government
services available to all parties, as set out in Interim Recommendation
2 and section 7.2.2.
The Inquiry encourages further submissions regarding the content, format
and cost of a one-stop-information-shop so that it can convey these
views to DEWR.
8.2.2
Improvements to the Workplace Modification Scheme
DEWR has agreed to increase funding for the Workplace Modifications
Scheme and to review the eligibility criteria. The submissions to the
Inquiry provide some guidance as to how this money might be spent and
what changes should be made to the eligibility criteria, as set out
in Interim Recommendation 10, section 2.5.2 and section 7.3.7.
The Inquiry encourages further submissions regarding useful changes
to the Workplace Modifications Scheme.
8.3
Working groups to develop innovative models
There are certain areas which require further consultation with the
various parties involved in the employment of people with disability.
The Inquiry will therefore convene working groups to develop the following
ideas:
1. A model
for work trials2. A pilot
project to identify and address any real or perceived risks in the
context of occupational health and safety laws, disability discrimination
laws and industrial relations laws3. A model
for ongoing supports for employers and employees4. A model
for a flexible workplace.
8.3.1 A model for work trials
Interim Recommendation 15 suggests the development of robust work trials.
By allowing employers and employees to test a working relationship
without incurring too much risk, work trials can help to address the
'fear factor' in employing people with disability.
However work trials can take a variety of forms. The starting point
for a discussion on work trials will be the issues discussed in section
2.6.3 and section 7.4.3 of the Interim Report.
The following groups have already agreed to participate in this working
group:
- ACE National Network
- ACROD
- Australian Chamber of Commerce and Industry
- Australian Federation of Disability Organisations
- Australian Public Service Commission
- Brotherhood of St Laurence
- Department
of Employment and Workplace Relations - Disability Council of NSW
- Diversity Council Australia
- National Employment Services Association
- Ostara Australia
The Inquiry encourages further submissions on what a model for work
trials should look like in order to protect the interests of both
people with disability and prospective employers.
8.3.2 A pilot project to identify any risks regarding occupational
health and safety, disability discrimination and industrial relations
laws
As set out in Chapter 2, there appears to be great deal of confusion
regarding:
a) how occupational health and safety, disability discrimination
and industrial relations laws interact; and(b) whether the risks associated with those laws are real or perceived.
As this confusion seems to be a substantial barrier to the employment
of people with disability, the Inquiry believes that it is a high priority
to clarify this issue. Interim Recommendation 13 aims to develop a way
to gather clear information about this issue.
The starting point for the working group will be the issues discussed
in section 2.6.2 and section 7.4.1 of this Interim Report.
The following groups have already agreed to participate in this working
group:
- ACROD
- Australian Chamber of Commerce and Industry
- Department of Employment and Workplace Relations
- Disability Council of NSW
- Disability
Discrimination Legal Centre NSW - Disability Employment Action Centre (DEAC)
- Diversity Council Australia
- Employers Making a Difference
- National Employment Services Association
- Regional Disability Liaison Officer, Greater Western Sydney Region
The Inquiry encourages further submissions regarding the
interaction between occupational health and safety laws, disability
discrimination laws and industrial relations laws. It also encourages
ideas about how to test this relationship in order to collect information
that can distinguish between the real and perceived risks.
8.3.3
A model for ongoing supports for employers and employees
As discussed in Chapter 6, a crucial element to ensuring job retention
is to provide employees with disability, and their employers, with support
throughout the employment relationship.
The Inquiry recognises that the type and extent of the support needed
will vary from job to job, between disabilities and from person to person.
However, it seems that there is currently no easy place to seek advice
about what might be required, nor is there a clear place to go to access
the support needed.
The Inquiry has therefore gathered peak groups representing people
with different disabilities, employer representative groups and employment
service peaks to discuss and document what supports might be needed,
and where one might get that help.
The starting point for the discussion will be Interim Recommendations
17 and 18 and the issues highlighted in section 6.3 and section 7.5.2
of this report.
The following groups have already agreed to participate in this working
group:
- ACE National Network
- ACROD
- Australian Chamber of Commerce and Industry
- Australian Federation of Disability Organisations
- Australian Public Service Commission
- Blind Citizens Australia
- Brain Injury Association of NSW
- Brotherhood
of St Laurence - Deafness Forum
- Department of Employment and Workplace Relations
- Disability Council of NSW
- Disability Employment Action Centre (DEAC)
- Job Futures
- Mental Health Council of Australia
- National Employment Services Association
- New South Wales Council for Intellectual Disability
- Ostara Australia
- Physical Disability Council of Australi
- Regional Disability Liaison Officer, Greater Western Sydney Region.
The Inquiry encourages further submissions on what supports
are needed by employees with varying disabilities - whether they
are pre-existing or acquired during a job - and employers of people
with disability. The Inquiry also encourages input regarding the best
source for these supports.
8.3.4 A model for a flexible workplace
As set out in Chapter 6, another crucial element
to ensuring job retention is to provide a flexible workplace for all
employees, including those with disability. Interim Recommendation 19
highlights the need to develop guidelines on to how to create such a
workplace.
The starting point for this discussion will be the issues set out in
section 6.5 and section 7.5.3 of this report.
The Inquiry notes that there is currently significant momentum on this
issue in the context of creating family-friendly workplaces. Accordingly
this working group will discuss, amongst other things, the adaptability
of DEWR Fact Sheets on family-friendly workplaces, to people with disability.
The following groups have already agreed to participate in this working
group.
- ACROD
- Australian
Chamber of Commerce and Industry - Australian Federation of Disability Organisations
- Australian Public Service Commission
- Brain Injury Association of NSW
- Carers Australia
- Department
of Employment and Workplace Relations - Disability Council of NSW
- Disability Employment Action Centre (DEAC)
- Employers Making a Difference
- Mental Health Council of Australia
- National Employment Services Association
- Physical Disability Council of Australia
The Inquiry encourages further submissions on the type of workplace
flexibility required by people with varying disabilities.
8.4
Research to be published in Issues Papers
1. International
models for increasing participation and employment of people with disability.2. International
government procurement policies and practices.
8.4.1 International models for increasing participation and employment
of people with disability
Submissions repeatedly refer to the New Zealand, United Kingdom and
United States models of incomes support, work incentives and employer
subsidies. The Inquiry is also aware of Canadian approaches to this
issue.
The Inquiry will conduct and publish preliminary research into these
models as a first step towards streamlining the Australian model of
income support, work assistance and employer incentives.
This research will be guided by the ideas set out in Interim Recommendation
4, Chapters 3-6 generally and section 7.3.2 of this Interim Report.
The Inquiry encourages further submissions regarding international
models for encouraging participation and employment of people with
disability and their effectiveness.
8.4.2 International models for government procurement policies
Submissions suggest that a government procurement policy that ensures
accessibility for all public sector workplaces would pave the way for
greater employment of people with disability. The United States, Council
of Europe and Canada provide models of such policies.
This research will be guided by the ideas set out in Interim Recommendation
24 and section 7.6.2 of this Interim Report.
The Inquiry encourages further submissions regarding international
models for procurement policies and their effectiveness.
8.5
How can you participate in the Inquiry?
As mentioned above, the Inquiry is eager to receive further input regarding
the strategies proposed in this Chapter, the Interim Recommendations
in Chapter 7 and the general content of this Interim Report.
Any feedback received by the Inquiry will be discussed in the final
report, which is due to be published by the end of 2005.
All comments and submissions should be sent by email to: employmentinquiry@humanrights.gov.au
by 30 September 2005.
Alternatively, submissions may be sent in hard copy to:
Employment Inquiry, Disability Rights Unit, Human Rights and Equal Opportunity Commission,
GPO Box 5218, Sydney NSW 2001
Questions can be directed to Cristina
Ricci (Inquiry Officer) or Vanessa Lesnie (Secretary to the Inquiry)
by email at employmentinquiry@humanrights.gov.au,
or by phone at (02) 9284 9600 or 1800 620 241 (TTY).