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.
