Department of Social Services (DSS)
Review the Department of Social Services' application for temporary exemption under disability discrimination legislation and the Commission's assessment of the
Summary
Notice of application for temporary exemption
UPDATE (5 June 2015)
Quarterly reports received from the Department of Social Services (DSS)
A condition of the grant of temporary exemption was that DSS must:
Notice of application for temporary exemption
UPDATE (5 June 2015)
Quarterly reports received from the Department of Social Services (DSS)
A condition of the grant of temporary exemption was that DSS must:
Report to the Commission, on a quarterly basis during the exemption period, as to: i. The number of assessments conducted each quarter; and ii. The number of assessments still to be conducted.
The fourth quarterly report received from DSS subject to this condition can be found below.
(1.34 MB)
(29.93 KB)
The third quarterly report received from DSS subject to this condition can be found below.
(53.38 KB)
(23.87 KB)
The second quarterly report received from DSS subject to this condition can be found below.
The first quarterly report received from DSS subject to this condition can be found below.
The Australian Human Rights Commission has received an application from the Department of Social Services (DSS). The exemption is sought in relation to the use of the Business Services Wage Assessment Tool (BSWAT).
This application is made pursuant to section 44 of the Disability Discrimination Act 1992 (Cth) (DDA). The applicant seeks to exempt all existing Australian Disability Enterprises (ADEs) from sections 15 and 24 of the DDA and the Commonwealth from section 29 of the DDA.
This exemption would apply to allow the ADEs to use the Business Services Wage Assessment Tool (BSWAT) to: (a) assess wages for employees; and (b) pay wages to ADE employees based on assessments conducted under the BSWAT. The applicant seeks the exemption to address the implications of the Federal Court Judgment: Nojin & Prior v Commonwealth [2012] FCAFC 192.
The applicant states that the proposed exemption would apply while alternative wage setting arrangements are being considered, devised and/or established and implemented by DSS.
The applicant seeks an exemption for a period of three years.
Application for temporary exemption
Download in PDF
Download in WORD
Requests to join/support application for temporary exemption
| Access Industries for the Disabled Limited | WORD |
| Achieve Australia | WORD |
| Ballarat Regional Industries | WORD |
| Brunswick Industries Association | WORD |
| Eurella Community Services Inc | WORD |
| George Gray Centre Inc | WORD |
| Help Enterprises | WORD |
| Holy Cross Laundry | WORD |
| Macarthur Disability Services | WORD |
| Mach 1 Australia Ltd | WORD |
| Macleay Options Inc | WORD |
| Mawarra Centre | WORD |
| Nambucca Valley Phoenix Ltd | WORD |
| Pinnacle Inc | WORD |
| Plane Tree Studio Inc | WORD |
| Radius Disability Services | WORD |
| SkillsConnection (trading as Jiffy Services) | WORD |
| Thorndale Foundation Ltd | WORD |
| Windarring CHAPD | WORD |
| Woodbine Ince | WORD |
Request for further information
By letter dated 13 December 2013, the Commission requested further information of DSS in relation to its application. The letter was also copied to a number of organisations which were also asked to provide further submissions/information. The letter is available below.
Download in PDF
Download in WORD
Responses to request for further information
The responses received by the Commission in response to its request for further information are available below.
| Department of Social Services (DSS) | WORD |
| Joint submission from national peak consumer advocacy organisations | WORD |
| National Disability Services (NDS) | WORD |
| AED Legal Centre | WORD |
| Supplementary submission | PDFWORD |
Submissions
The opportunity to make submissions in relation to this exemption application ended on 30 October 2013.
To promote open public discussion and exchange of views, the Australian Human Rights Commission makes submissions accessible to the public.
The submissions received in relation to this particular exemption application are available below.
| Access Industries for the Disabled Limited | WORD |
| Achieve Australia | WORD |
| Action for More Independence & Dignity in Accommodation (AMIDA) | WORD |
| ADAMS, Michael | WORD |
| Advocacy for Inclusion | WORD |
| AED Legal Centre | WORD |
| Aged and Carer Advocacy Service (ADACAS) | WORD |
| ANDERSON, Stuart | WORD |
| Anuha Services | WORD |
| Australian Centre for Disability Law (ACDL) | WORD |
| Ballarat Regional Industries | Submission 1 WORD Submission 2 WORD |
| Barwon Disability Resource Council (BDRC) | WORD |
| BRAIN, Brian and Lyn | WORD |
| BRAZEL, David | WORD |
| BROWN, Karin | WORD |
| Brunswick Industries Association | WORD |
| Cairns Community Legal Centre (CCLC) | WORD |
| CAKE, Lyn | WORD |
| CASE, John | WORD |
| Central Community Legal Service | WORD |
| CODE, Steven | WORD |
| COLEMAN, Peter and Heather | WORD |
| CORCORAN, Garry | WORD |
| CROZIER, Cecilia and Gary | WORD |
| Darwin Community Legal Centre (DCLC) | WORD |
| DILABIO, Joseph | WORD |
| DILLON, Tracy and Shane | WORD |
| Disability Advocacy Network Australia (DANA) | WORD |
| Disability Discrimination Legal Service (DDLS) | WORD |
| Disability Discrimination Unit, Sussex Street Community Law Service | WORD |
| Disability Services Australia (DSA) | WORD |
| DUVAL, Claudine | WORD |
| EGAN, Colleen | WORD |
| Endeavour Foundation | |
| Eurella Community Services Inc | WORD |
| Finding Workable Solutions | WORD |
| FORSSMAN, Christopher | Submission 1 WORD Submission 2 WORD |
| GEE, James | WORD |
| George Gray Centre Inc | WORD |
| GIBSON, Peter, Julie and Shea | WORD |
| GIRVAN, Rosemary | WORD |
| GREEN, Karen | WORD |
| GREENE, Jacqueline | WORD |
| HAYNE, Leonie and Tony | WORD |
| Help Enterprises | WORD |
| HEWITT, Maree | WORD |
| Holy Cross Laundry Ltd | WORD |
| HUMPHRIES, Joe and Carol | WORD |
| Individual Disability Advocacy Service, Sussex Street Community Law Service | WORD |
| Intellectual Disability Rights Service (IDRS) | WORD |
| JAS-ANZ | Cover Letter WORD Submission WORD |
| Jenelle | WORD |
| JOHNSON, Georgina | WORD |
| Joint submission from national peak consumer advocacy organisations | WORD |
| KINRADE, Shane | WORD |
| Latrobe Valley Enterprises | WORD |
| LAVIS, Margaret | WORD |
| Macarthur Disability Services | WORD |
| MACFARLANE, Robert | Submission WORD Attachment 1 WORD Attachment 2 WORD |
| Mach 1 Australia Ltd | WORD |
| Macleay Options Inc | WORD |
| Marriott Support Services | WORD |
| MASSU, Nicolas | WORD |
| MAUGHAN, Candy | WORD |
| Mawarra Centre Inc | WORD |
| MAY, Lisa | WORD |
| MODRA, Mark | WORD |
| MOUNSEY, Kristy | WORD |
| Nambucca Valley Phoenix Ltd | WORD |
| National Disability Services (NDS) | WORD |
| NOVA Employment | WORD |
| Oakleigh Centre for Intellectually Disabled Citizens Inc | WORD |
| PEARCE, John | WORD |
| Physical Disability Australia Ltd | WORD |
| PIANTO, Julie | WORD |
| Pinnacle Inc | WORD |
| Plane Tree Studio Inc | WORD |
| PRIOR, Gordon | WORD |
| People with Disability Australia (PWDA) | WORD |
| Queensland Advocacy Incorporated (QAI) | Submission WORD Attachment 1 WORD Attachment 2 WORD Attachment 3 WORD |
| Radius Disability Services | WORD |
| Rights in Action | WORD |
| ROVER, Paul | WORD |
| Self Help Workshop (trading as Self Help Workplace and Encore Clothing) | WORD |
| Senator the Hon Mitch Fifield, Assistant Minister for Social Services | WORD |
| SkillsConnection (trading as Jiffy Services) | WORD |
| SMITH, David | WORD |
| Sussex Street Community Law Service Inc | WORD |
| Tasmanian Association of Disability Employment Services Inc | WORD |
| Thorndale Foundation | WORD |
| TOOP, Samuel | WORD |
| Victorian Equal Opportunity and Human Rights Commission (VEOHRC) | WORD |
| VLASVELD, Ian | WORD |
| VLASVELD, Kaylene and Wilhelmus | WORD |
| WALSH, Mary | Submission WORD Attachment 1 WORD Attachment 2 WORD Attachment 3 WORD Attachment 4 WORD Attachment 5 WORD |
| Windarring CHAPD | WORD |
| Woodbine Inc | WORD |
| WOODS, Maria and Tim | WORD |