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 trials
2. 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 laws
3. A model for ongoing supports for employers and employees
4. 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 2001Questions 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).
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