Issues Paper: Accessibility of electronic commerce and other new service delivery technologies for older Australians and people with a disability

"Australians should rightly expect to be able to reap the wide range of benefits that flow from the new digital communications age, and the Internet in particular - no matter where they live, or no matter that they may have a disability that restricts their access to mainstream online services. Indeed, digital data communications, and the Internet, provide a great opportunity for people with disabilities to overcome many of the communications disadvantages they have faced in the past. ": Senator Richard Alston, Minister for Communications, Information Technology and the Arts, launching the AccessAbility program, 15 June 1998.

"The potential benefits of participation in the information economy are at risk of being offset by the community costs of non-participation – the prospect of polarisation between the 'information rich' and 'information poor'. There are now few barriers for those with the necessary resources and skills to access information and services from their homes or workplaces. All Australians, especially those with traditional access-limiting characteristics such as age, low income, ethnic or Indigenous background, disability, gender and location, need to be able to benefit from the information economy". : A Strategic Framework for the Information Economy, National Office for the Information Economy, July 1999.

This paper, and the views expressed in it, are intended to stimulate discussion. They do not represent any final views adopted by the Commission. Note that a resource page is also available on the Commission's site, containing links to materials which the Commission becomes aware of during this reference.

Comments or submissions on issues raised by this paper would be welcome. Please provide comments by 11 November 1999, by e-mail to disability@humanrights.gov.au , or by mail to Mr David Mason, Secretary, E-commerce Reference, Human Rights and Equal Opportunity Commission, GPO Box 5218 Sydney 1042.

Please note that the Commission intends to make submissions and comments publicly available through the internet, except where specifically requested to treat material as confidential.

International Year of Older Persons 1999

Contents

Summary
This reference
Who are we talking about
What are we talking about
Major relevant initiatives
Economic and equipment availability barriers
Education and training needs and possibilities
World Wide Web page accessibility audit
Telecommunications based services
Automated telephone information or service facilities
Accessibility of ATMs, information kiosks and other specific purpose devices
Legal issues

Summary

The Human Rights and Equal Opportunity Commission has been given a reference by the Attorney General to investigate the implications for older Australians and Australians with a disability of new technologies in electronic commerce and the provision of government and other services, and outline their specific needs in accessing services which utilise these technologies.

This reference follows a number of Commonwealth government initiatives to promote increased use and accessibility of electronic commerce, and access to government services and information through new technology. These include program initiatives through the National Office for the Information Economy and by the Minister for Communications, Information Technology and the Arts, and law reform initiatives by the Attorney-General.

The Commission is to provide an interim report by 1 December 1999 and a final report by 31 March 2000.

This Issues Paper is part of a process of consultation which the Commission is undertaking with interested parties in business, government and the community on issues covered by this reference, to identify barriers to equal access, and current best practice and planned or possible strategies for using technology to remove barriers to access and participation in Australian political, economic, social and cultural life.

During the first stage of this reference the Commission will be

Receiving and publishing comments and submissions on issues raised by this paper (up to 11 November 1999)
Conducting a series of focus group discussions with groups of older Australians and people with a disability
Discussing issues in detail with key industry and government information and service providers.

The Commission is seeking comments on

issues affecting equal access in a number of areas of information and services, including

banking and financial services
other business services (such as retailing and travel services)
government information and services, and participation in government processes, and
education.

different types of access barriers, and options and best practice in different types of solutions, including

needs for additional information, explanation or human service beyond that currently provided by or in association with automated systems
difficulty in using the vision, sound or touch input or output formats provided for use of technology or in information required for use of the technology
needs for provision of education or training on use of technologies
economic barriers to access to some technologies
legal impediments which may exist to use of digital technologies to promote equitable access to information or services in some settings.

issues affecting equal access through a range of technologies, including

world wide web and other internet use (whether accessed through computers, mobile or other telephones, or other devices)
telecommunications based services (including automated bill payment and information services)
specific purpose devices such as Automatic Teller Machines, EFTPOS facilities (such as self service payment facilities at petrol pumps) or information kiosks.

A survey of accessibility of government and major business World Wide Web facilities will be a specific project within this reference.

The Commission would welcome comments on

particular age groups which the Commission should give attention in this reference
particular access issues for people with visual disabilities (e.g., blindness, low vision and lack of color perception); hearing disabilities (e.g., hard of hearing, deafness); people with physical disabilities (e.g., limited strength, reach or manipulation, tremor, lack of sensation); people with speech disabilities; people with language, learning or cognitive disabilities (e.g., reading disabilities, thinking, remembering, sequencing disabilities); other disabilities (e.g., epilepsy, short stature), individuals with any combination of these disabling conditions (e.g., deaf-blindness); or any other relevant disabilities
any particular access issues for women, indigenous people, or people from non-English-speaking backgrounds within the groups of older Australians or people with a disability
any technologies or areas of service provision not referred to here which should be given attention in this reference
current or planned initiatives and practice which should be taken into account in this reference.

This reference

The Human Rights and Equal Opportunity Commission has been given a reference by the Attorney General, the Hon. Daryl Williams AM QC MP, to

Investigate the implications for older Australians and those Australians with a disability of the rapid development and use of new technologies in electronic commerce and the provision of government and other services, and outline their specific needs in accessing services which utilise such technologies;
Examine the difficulties and restrictions faced by older Australians and those with a disability in achieving full and equal access to services utilising new technologies and deriving full benefit from such technologies;
Advise on options for use of digital technology in removing barriers to access to government and business information and services for older Australians and people with a disability;
Conduct an audit of the accessibility of Australian government and business internet sites, in particular for people with impaired vision, by reference to the Disability Discrimination Act and relevant Australian and international guidelines;
Advise on needs and options for education or training to promote equal access to electronic information and services for older Australians and for people with a disability;
Suggest other steps that could be taken by the Commonwealth and by service providers to improve access for older Australians and those with a disability to services utilising new technologies and suggest strategies for avoiding the marginalisation of these groups as a result of the use by service provider of such technologies; and
Suggest minimum standards that should be met when introducing new technologies into service provision.

The reference states that the term electronic commerce is to be interpreted broadly and should include electronic services such as banking.

In conducting this reference the Commission has been asked to

consult with individuals and organisations, particularly with service providers, relevant non-government organisations including those representing those with a disability and older Australians, relevant government authorities and other interested parties;
have regard to relevant law, practice, research and experience; and
have regard to Australia's international human rights obligations

and is required to provide an interim report by 1 December 1999 and a final report by 31 March 2000.

Who are we talking about?

Older Australians

In 1976, Australia had 1.3 million people over 65 years - 9% of the population. Today there are 2.3 million over 65s, or 12% of the total population. By 2016 there will be 3.6 million or 16%. By 2041, 5.7 million or 25% - one quarter of our population will be aged over 65.: Senator Bronwyn Bishop, Minister for Aged Care, "A national strategy for an ageing Australia", 9 June 1999, http://www.health.gov.au/mediarel/yr1999/bb/bbsp990608.htm .

Recent Australian Bureau of Statistics figures ( Use of the Internet by Householders, Australia, 6 September 1999, available at http://www.abs.gov.au ) confirm that, although internet use is increasing in all age groups, the proportion of internet users is very much lower in older age groups:

Just over 74 % (1.3 million) of 18-24 year olds accessed the Internet from any site in the 12 months to May 1999 compared with 49% (0.9 million) in the 12 months to May 1998.
For persons aged 25-39 years the estimate was 53% (2.3 million) for May 1999 compared with 34% (1.4 million) in the 12 months to May 1998.
For 40-54 year olds, the figure was 39% (1.5 million) to May 1999 compared with 28% (1.0 million) to May 1998
For persons aged 55 years and over the figure was 10% (0.4 million) to May 1999 compared with only 5% (0.2 million) to May 1998.

This ABS study indicates similarly that older Australians have lower rates of useage of other electronic commerce and service facilities. In the three month period surveyed:

80% of persons aged 18-24 years used EFTPOS, 92% used an ATM;
80% of 25-39 year olds used EFTPOS and 87% used an ATM;
65% of 40-54 years olds used EFTPOS and 76% used an ATM; and
only 29% of persons aged 55 years or more used EFTPOS and 40% an ATM.

Use of telephone banking or telephone bill payment was highest amongst 25-39 year olds (48%) and 40-54 year olds (45%). Nearly 38% of 18-24 year olds used telephone banking and bill payment compared with only 24% for persons aged 55 years or more.

The reference does not restrict the Commission to any specific definition of who should be regarded as older Australians. Nor is there any specific and applicable Commonwealth legislation which should be regarded as definitive for this purpose. Obviously, "older" is a relative concept: older than whom?

The Commission's initial view is that it should include in its consideration any age group where relatively greater age appears relevant to the terms of reference: that is,

where older age appears to present particular barriers to equal access to electronic commerce and other new service delivery technologies, or
where older age presents particular needs which new service delivery technologies could be used to address.

Age groups to consider may include the following:

People who because of age experience functional limitations such as in mobility, vision, or hearing, but who might not regard themselves as having a disability or identify with disability community organisations.

As is well known, the proportion of people in the community who experience significant functional limitations increases with age. The most recent Australian Bureau of Statistics study (Disability, Ageing and Carers 1998, ABS, April 1999) indicates that 19% of the Australian community overall, or 3.6 million people have a disability, but this rises to approximately 35% for people aged 55 to 59; 44% for people aged 65 to 69; 60% for people aged 75 to 79; and 84% for people aged 85 and over.

People who have reached retirement age (for example at 55, 60 or 65) or who because of age are experiencing difficulties in remaining in or re-entering the workforce (which appears to occur for some people significantly earlier)

Employment status appears relevant because of evidence that access to and familiarity with new technologies through work, and related issues of income levels, are important in determining whether people are benefiting from new information and service technologies, in particular through the internet. People who have, voluntarily or involuntarily, left the workforce through age appear more likely to be missing out on these benefits.

Comments on particular age groups which the Commission should give attention in this reference would be welcome.

People with a disability

The most recent Australian Bureau of Statistics figures on particular types of disability in the Australian community indicated that in 1993 out of a total of 3,176,700 people with a disability, the main disabling condition was

A psychiatric disability for 70,500 people
An intellectual or other mental disability for 283,000 people
Vision impairment for 122,000 people
Hearing impairment or deafness for 450,000 people
Physical disability for 2,251,300 people.

(Australia's Health 1998, Australian Institute of Health and Welfare, chapter 2, table 2.6, available on line at http://www.aihw.gov.au/publications/health/ah98/ah98-c02.pdf )

The ABS figures for disability cover

Loss of sight not corrected by glasses or contact lenses
Loss of hearing
Speech difficulties in native language
Blackouts, fits or loss of consciousness
Slowness at learning or understanding
Incomplete use of arms or fingers
Difficulty gripping or holding small objects
Incomplete use of feet or legs
Treatment for nerves or an emotional condition
Restriction in physical activities or in doing physical work
Disfigurement or deformity
Long term effects of head injury, stroke or any other brain damage
A mental illness requiring help or supervision
Treatment or medication for a long term condition or ailment where the person is still restricted
Any other long term condition resulting in a restriction (Australia's Health 1998, box 2.3).

All these types of disability are covered by the Disability Discrimination Act, which (in section 4) defines disability as including:

total or partial loss of the person's bodily or mental functions; or
total or partial loss of a part of the body; or
the presence in the body of organisms causing disease or illness; or
the presence in the body of organisms capable of causing disease or illness; or
the malfunction, malformation or disfigurement of a part of the person's body; or
a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
a disorder, illness or disease that affects a person's thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour.

Disabilities which should be given particular attention as affecting equal access to information technologies have been identified as including

visual disabilities (e.g., blindness, low vision and lack of color perception)
hearing disabilities (e.g., hard of hearing, deafness)
people with physical disabilities (e.g., limited strength, reach or manipulation, tremor, lack of sensation)
people with speech disabilities
people with language, learning or cognitive disabilities (e.g., reading disabilities, thinking, remembering, sequencing disabilities)
other disabilities (e.g., epilepsy, short stature), and
individuals with any combination of these disabling conditions (e.g., deaf-blindness) (Electronic and Information Technology Access Advisory Committee Final Report to U.S. Access Board, May 12 1999, http://www.access-board.gov/pubs/eitaacrpt.htm ).

The Commission would welcome comments on issues affecting equal access for people in any of these categories or any issues affecting people with a disability not identified here.

Diversity among older Australians and among people with a disability

"The Aged" is a term that paints our senior Australians as a single amorphous group. It denotes dependency and implies marginalisation. Reality is that our Senior Australians are just as diverse as the rest of us - and we have a major need to change our cultural attitudes, whereby we move away from myths and stereotypes and towards valuing the continuing contribution older Australians, as individuals, do make and must continue to make: Senator Bronwyn Bishop, Minister for Aged Care, "A national strategy for an ageing Australia", 9 June 1999, http://www.health.gov.au/mediarel/yr1999/bb/bbsp990608.htm .

This reference deals with issues as they affect people with a disability and older Australians. It should be emphasised that these categories do not exclude attention to other categories within which people within these groups may experience particular access difficulties or disadvantage.

Australia's diverse people do not all live neatly within one EEO category, even if government agencies sometimes approach them as if they do. People with a disability in Australia include women, children and young people, indigenous people, and people from non-English-speaking backgrounds who have a disability. Older Australians also of course include women, indigenous people, people from non-English-speaking backgrounds and people who have a disability.

Women With Disabilities Australia recently conducted a survey of views and experience of women with a disability on accessibility of telecommunications services and equipment. The results of that survey are available on line at www.wwda.org.au and are summarised as follows:

The major themes which emerged from the survey responses were undoubtedly access and affordability issues, poor design and incompatibility of telecommunications equipment, lack of awareness of disability issues on the part of telecommunications service providers, lack of appropriate information about telecommunications equipment and services, and the importance of online communication for women with disabilities.

The Commission is interested in further views from these perspectives, and from the perspectives of any other groups within older Australians or people with a disability who may experience particular barriers to, or stand to gain particular benefits from, access to electronic commerce and new service and information technologies.

What are we talking about?

Access issues to be dealt with are expected to cover

issues in a range of areas of electronic commerce and service provision
a range of technologies used for access to information and services
different types of access barriers.

Range of areas of electronic commerce and service provision

In conducting this reference the Commission is interested in issues affecting accessibility of electronic commerce and provision of information and services through new technology in the areas of

banking and financial services
other business services (such as retailing and travel services)
government information and services and participation in government processes, and
education.

Range of technologies

Electronic commerce and new technology for the purposes of this reference are not restricted to use of the internet through personal computers.

The Commission is interested in issues affecting a range of technologies used for access to information and services, including

world wide web and other internet use (whether accessed through computers, mobile or other telephones, or other devices)
telecommunications based services including automated bill payment and information services
specific purpose devices such as Automatic Teller Machines, EFTPOS facilities (such as self service payment facilities at petrol pumps) or information kiosks.

Question: are there other technologies we should be looking at?

Range of access barriers and solutions

For the purposes of this reference the Commission is interested in different types of access barriers, and options and best practice in different types of solutions, including

needs for additional information, explanation or human service beyond that currently provided by or in association with automated systems
difficulty in using the vision, sound or touch input or output formats provided for use of technology or in information required for use of the technology
needs for provision of education or training on use of technologies
economic barriers to access to some technologies
examples of innovative use of technology to deliver more effective access to services or information
legal impediments which may exist to use of digital technologies to promote equitable access to information or services in some settings.

Major relevant initiatives

"We are committed to maximizing the benefits of this new information age and ensuring their equitable distribution.": Launch of Investing for Growth policy statement, John Howard MP, Prime Minister, 8 December 1997, available at http://www.isr.gov.au/growth/html/speech.html

This reference has been given to the Commission by the Attorney-General in his capacities as Minister responsible for human rights legislation including the Human Rights and Equal Opportunity Commission Act 1986 and the Disability Discrimination Act 1992, and in view of particular responsibility vested in him for matters concerning electronic commerce.

This reference follows from a number of major relevant initiatives from the Commonwealth Government, foreshadowed in the 1997 Investing for Growth statement. (Relevant portions of this statement, including the commitment by the Prime Minister that all Commonwealth services should be available on line by 2001, are available at http://www.dist.gov.au/growth/html/infoage.html .) These include law reform initiatives by the Attorney-General and program initiatives through the National Office for the Information Economy and by the Minister for Communications, Information Technology and the Arts. It is being conducted in the context of activities by the Commonwealth Government and other organisations to promote the International Year for Older Persons, as well as initiatives from other governments and from business and other organisations.

This paper refers mainly to Commonwealth Government initiatives. The Commission would welcome information on other initiatives under way or under consideration by State and Territory Governments; local government; business; education providers; libraries and other information service providers; community organisations, or partnerships between any of these.

Question: What other initiatives are there in this area (additional to those referred to in this paper) which the Commission should take account of in conducting this reference?

Seniors Online program

"Seniors Online Day aims to encourage libraries, seniors organisations and online users to introduce seniors to the internet. Online Australia is building a website that is dedicated to instructing, informing and inspiring seniors about the internet. The site will contain content of interest to seniors, including information about health, travel, finance, sports and entertainment, as well as clear instructions and advice about using the internet.": Seniors Online information available at http://www.onlineaustralia.net.au/seniors.cfm

As part of the Commonwealth Government's activities for the International Year of Older Persons 1999, the National Office for the Information Economy initiated Australia's first Seniors Online Day on 7 September with a launch by the Hon. Bronwyn Bishop, Minister for Aged Care, as part of the Making the Connections: Non-metropolitan Older People and Technology conference.

"This conference is a chance to share the creative and innovative ways in which the telephone, email, the internet and video-conferencing are already being used to improve the lives of older people. It is also an opportunity to share the problems which arise when new technology is introduced into the lives of older people without adequate thought, consultation, training or support. Most importantly it is a chance for us to share our visions for a future in which the provision of technology based services meets the particular needs of older Australians who live outside the capital cities of Australia.": conference information at http://www.mtc.une.edu.au .

The Commission will take discussion in this forum into account in conducting this reference.

A Seniors Online entry point has been established at http://www.onlineseniors.net.au/ featuring an "absolute beginner's tutorial" on using the internet and contact details for a range of internet tutorials and workshops around Australia for 7 September, with more materials to be added shortly.

AccessAbility programs

AccessAbility is a grants program administered by the Department of Communications, Information Technology and the Arts, initiated in 1997 pursuant to the Investing for Growth statement and aimed at making online services more accessible for people with disabilities. In 1998, $1.5 million was provided for projects including:

A pilot study to examine requirements for people with disabilities to undertake telework.
A project to develop a best-practice model for low cost internet access, awareness and training for people who hear but cannot speak.
Development of a 'supported access model' of access to online services for people with severe multiple disabilities.
Research intended to lead to the development of standards and policies for appropriate levels of online public access for disability groups, including trialing of different types of adaptive equipment with participants in public libraries, and definition of a core set of adaptive equipment, suited to people with a different range of disabilities.
Establishment of a Website and an Internet Club for children with disabilities to enable them to communicate with and between children with other physical disabilities, despite geographical isolation.
A project to facilitate literacy development through access to WWW sites that have been modified to accommodate limited literacy skills and physical access difficulties.
Development of a computer and Internet training program for people who are Deafblind.
Development of a modified web browser interface for people with cerebral palsy who have severe motor impairment.
Workshops on computer access for people with special needs in 11 rural communities, conducted in existing community based Telecentres and demonstrating and training people in the use of adaptive and assistive technologies.
A project aimed to enable people with aphasia, following stroke, to communicate and access information via the Internet, by developing training materials, guidelines and a web site based on iconic symbols. The project has wider applicability to any person with a disability who has difficulty understanding and expressing themselves in words and sentences.
Research and development of guidelines for e-commerce applications to ensure accessibility by people with disabilities who are blind or vision impaired, with an emphasis on investigating the use of smartcard technology.
Several projects aimed at promoting greater internet awareness and access among people with disabilities in a particular region or in a particular disability category.
Creation of an online database of disability related information in at least 17 languages other than English.
A project aimed at promoting access to online information for women with disabilities in Australia (see www.wwda.org.au).
A project examining the current use of online services by Deaf people and the barriers they face, and recommending preferred solutions for online services to meet the needs of Deaf people. (See further project information at http://www.vicdeaf.com.au/whatsnews/deafaustralia/DeafAustraliaOnline.htm . A report will be presented to the Department of Communication and Information Technology and the Arts in October 1999.)

Obviously, the outcomes of a number of these research projects as they become available will be highly relevant to the Commission's conduct of this reference. The Commission participated in the selection of projects for funding in the first round of funding and is again assisting in selection for the second funding round for 1999-2000.

An AccessAbility Online Resource database is also available on the AccessAbility Website ( http://www.dcita.gov.au/accessability/ ). This facility provides information on a wide range of issues, products and services associated with access to online services for people with disabilities.

NOIE e-commerce information projects

The Department of Communications, Information Technology and the Arts (with the Commonwealth Treasury) is producing a series of factsheets on consumer issues about electronic commerce (available in print, or on line through an index page at http://www.dcita.gov.au/cgi-bin/graphics.pl?path=3815 ) including:

1: What are the benefits and risks of shopping online?
2: What type of information should I look for in a Website?
3: How safe is it to use my credit card?
4: Do I have to pay sales tax or duties on imported goods?
5: What happens to my personal information?
6: What if something goes wrong with my purchase?
7: Banking on the Internet (published 20 August 1999).

National Disability Research Agenda projects

The Federal Office of Disability (now within the Department of Family and Community Services) administers a program of grants for projects under the National Disability Research Agenda. In November 1997, the then Minister for Family Services, Hon. Warwick Smith MP, launched the first report on outcomes of nine projects, all in the area of communications and technology, intended to facilitate equal participation and opportunities for people with a disability in community life. A copy of the report, National Disability Research Agenda : Report Number 1, is available at http://www.facs.gov.au/disability/ood/research/content.htm. The project on "Video-based Telecommunications Technology and the Deaf Community" appears of particular interest for this reference.

Another recent initiative through the Department of Family and Community Services relevant to this reference is the project, announced by the Minister for Community Services, the Hon. Warren Truss, on 17 June 1999 and to be conducted by Blind Citizens Australia on use of digital technology to produce talking books. (Blind Citizens Australia has also undertaken a number of other important studies relevant to this reference, including "Everybody's Business: Consumer Information Access for People who are Blind or Vision Impaired" : http://www.bca.org.au/ebmain.htm and "I just called to say ...: Accessible Text Telephones for people in Australia who are Deafblind": http://www.bca.org.au/ttyrep.htm .)

"Networking the Nation" programs

Networking the Nation is the badge given to the grants program using the Commonwealth's five year $250 million Regional Telecommunications Infrastructure Fund. The aim of this program is to bridge gaps in telecommunications services, access and costs between urban and non-urban Australia and to

assist the economic and social development of regional, rural and remote Australia by funding projects which:

enhance telecommunications infrastructure and services in those areas;

increase access to, and promote use of, services available through telecommunications networks; and

reduce disparities in access to such services and facilities. (Department of Communications, Information Technology and the Arts fact sheet available by searching DCITA web site www.dcita.gov.au)

Many of the projects under this program are concerned with basic infrastructure issues such as availability of local call internet service provider access. A number of current projects however have more specific relevance to issues of effective access for disadvantaged people within the communities concerned, as indicated by the following extracts from project descriptions available on the DCITA web site:

"This project will involve placing Public Access Points in 12 community service agencies throughout the region-which covers from Tweed in the north to Ulmarra and Nymboida in the South. The project will provide the opportunity for a broad cross section of the community, and the disadvantaged in particular, to become familiar with the Internet and online services."
"This project will establish five Technology and Internet Training Centres-providing public Internet access at Biloela, Baralaba, Moura, Wowan and Theodore-plus a public access point as part of the current mobile library service. This project will provide integrated and interactive training, public access and information to the region. Training will be provided through introductory forums; home-based support (with trainers providing a one-to-one service to the socially, economically and/or geographically marginalised); and the presentation twice yearly of an IT bridging course between secondary and tertiary education. Public access to the Internet will be provided at 16 community organisations in the region. Access will also be facilitated by the sale of second hand PCs to members of the community who wish to establish Internet access within their homes."
"The applicant will develop a proposal to establish a series of Internet hub-sites located within Indigenous community organisations throughout Central Queensland. The project will centre around the extension of online education and training facilities for Indigenous students, and investigate culturally-appropriate teaching methods. Broader benefits of increased access of electronic communications services to these Indigenous communities will also be addressed."
"This project will establish public access points for new telecommunications services in Fitzroy Shire, west of Rockhampton. A total of 97% of the Shire's population is 39 years or younger, with 27% in the 5 - 19 years demographic. The project aims to enhance youth access (including Aboriginal youth) to community information and services via new communications technologies, and to develop skills and awareness of new technologies for community and recreational purposes."
"The project will involve the development and delivery of culturally-appropriate training on new communications technology and services to five Indigenous communities."

Evaluation of results of some of these projects, when available, may assist in identifying models for addressing some of the access issues for older Australians and people with a disability which this reference deals with, both in other regional and rural locations and in urban and outer urban locations around Australia.

Announcement of the next round of projects is also expected during November 1999.

AusInfo Guidelines

"Many barriers to equitable and dignified access for people with disabilities are made of bricks and mortar and steel. These change more slowly than anyone could wish. With the arrival of the information age we have the opportunity to avoid erecting barriers right from the start and in adopting the Guidelines the Commonwealth has made a very good beginning": Commission President Alice Tay, letter to Senator Ellison, 30 March 1999.

On 23 March 1999, Senator the Hon. Chris Ellison, Special Minister of State, launched AusInfo's Guidelines for Commonwealth Information in Electronic Formats (http://www.ausinfo.gov.au/guidelines/index.htm).

AusInfo has conducted a number of briefing sessions for Commonwealth agencies on these guidelines.

Supporting the adoption and implementation of these guidelines, Acting Disability Discrimination Commissioner Chris Sidoti commented as follows:

The philosophy underlying the Disability Discrimination Act is that people with disabilities have the same rights to participate as does the whole of the community. As many people with disabilities point out, this entails responsibility to be an effective citizen. Access to Commonwealth information is vital to the exercise of those rights and responsibilities.

The Disability Discrimination Act provides at section 29 that there shall be no discrimination on the grounds of disability in the administration of Commonwealth laws and programs. One of the most important ways to eliminate discrimination is to provide accessible information. Although efforts are being made in many quarters it would be fair to say that many areas of Commonwealth activity are vulnerable to complaints under the Disability Discrimination Act because basic information is not available in accessible formats.

The development of electronic formats is not the only way to improve accessibility of Commonwealth information but it is an important opportunity. Many barriers to access are entrenched in physical infrastructure that is the legacy of history and expensive and slow to change. This need not be the case in developing accessible on-line services because new and open standards are emerging. It should be the Commonwealth's aim to present as much information as possible in electronic formats that take advantage of these open standards. A clean digital source code can for example do each of the following:

Display on a screen in ordinary format

Display on a screen in large print

Provide audio output instead of text

Drive a dynamic Braille pad that reproduces tactile Braille text.

The facility that a properly constructed electronic format offers is the ability to reproduce a document from the one source in multiple accessible formats instead of making separate original documents on paper, Braille and audio tape. The Guidelines will assist people who prepare Commonwealth information in electronic formats to do these things.

AusInfo's guidelines are referenced and endorsed in the latest edition of the Commission's Advisory Note on web accessibility (http://www.hreoc.gov.au/disability_rights/standards/www_3/www_3.html).

The Attorney-General and the Minister for Communications, Information Technology and the Arts announced on 26 February 1999 the release for public comment of a draft Copyright Amendment (Digital Agenda) Bill 1999.

The central aim of the reforms is to ensure that copyright law continues to promote creative endeavour and, at the same time, allow reasonable access to copyright material on the Internet and through new communications technology. : Daryl Williams AM QC MP, "Copyright reform: into the digital future" 12 February 1999, available at http://law.gov.au/ministers/attorney-general/articles/Futures.html

As noted by the commentary released with the exposure draft of this Bill, Digital technology and the growth of computer networks, particularly the Internet, have posed challenges to the protection and enforcement of copyright throughout the world. Creators and owners of copyright material are concerned to be able to protect their copyright on the Internet. Users of copyright material, such as libraries, archives and educational institutions, are concerned about being able to obtain reasonable access to copyright material on the Internet. http://law.gov.au/publications/copyright_enews/digital_agenda/commentary.rtfThe Copyright Amendment (Digital Agenda) Bill was introduced into the Parliament on 31 August 1999. The Attorney-General's second reading speech of 2 September 1999 is available on line by searching the Australian Parliament House site www.aph.gov.au . Some extracts are included here for convenience.

The reforms will update Australia's copyright standards to meet the challenges posed by rapid developments in communications technology, in particular the huge expansion of the Internet. This extraordinary pace of development threatens the delicate balance which has existed between the rights of copyright owners and the rights of copyright users. The central aim of the bill, therefore, is to ensure that copyright law continues to promote creative endeavour and, at the same time, allows reasonable access to copyright material in the digital environment.

This bill and the recently passed Copyright Amendment (Computer Programs) Act 1999 are integral components in the government's strategy to develop a legal framework that encourages online activity and promotes the growth of the information economy. The information economy is developing from the revolutionary new opportunities for the use, storage and transmission of information being made possible by digital technology.

... The centrepiece is a new broadly based technology-neutral right of communication to the public. The new right will subsist as an exclusive right in literary, dramatic, musical and artistic works, and in sound recordings, films and broadcasts.

To complement the introduction of the new right of communication to the public, the bill will introduce an important package of exceptions to that right. As far as possible, the proposed exceptions replicate the balance that has been struck in the print environment between the rights of owners of copyright and the rights of users. The extension of this balance into the digital environment was one of the fundamental principles underlying the 1996 WIPO [World Intellectual Property Organisation] treaties.

The existing exceptions for fair dealing will apply to the new right of communication to the public. The fair dealing exceptions permit the use of copyright material for purposes including research or study, criticism or review, and reporting news.

The new legislation also extends the existing exceptions for libraries and archives to the reproduction and communication of copyright material in electronic form. The library and archives provisions have been carefully reviewed to ensure that an appropriate balance is achieved between the rights of copyright owners and users. The definition of `archives' has been clarified to include museums and galleries which satisfy certain requirements currently specified in the act. This will allow such bodies to take advantage of the exceptions applying to archives. The extended exceptions in the bill will enable libraries and archives to undertake a vital role in providing reasonable access to copyright material in electronic form, whilst at the same time protecting new commercial markets for such material online.

The reforms also extend the existing statutory licences in the Copyright Act for copying by educational institutions to the reproduction and communication of copyright material in electronic form. The new statutory scheme for the electronic use of copyright material by such institutions has been drafted in broad terms to enable it to adapt to future technological developments. The key to the new scheme is flexibility based on agreement between educational institutions, such as universities and schools, and the relevant collecting societies. I strongly urge, in the interests of both copyright owners and users, that the parties work together to reach agreement on issues such as process and the rate of equitable remuneration under the new scheme. However, the bill provides that, where agreement is not possible, the Copyright Tribunal has new jurisdiction to determine these matters.

The bill establishes a similar statutory licence for the electronic use of copyright material by institutions assisting persons with print and intellectual disabilities.

This Bill, if passed and implemented, would appear to address a number of difficulties which educational institutions and students, in particular, have experienced in securing equal access through digital technology to materials available in other forms.

Electronic Transactions Bill

The Electronic Transactions Bill 1999 was introduced into the House of Representatives on 30 June 1999. It is intended to allow electronic communications to satisfy existing legal requirements for writing, signature, document production and the retention of documents, subject to certain minimum requirements. Links to the Electronic Transactions Bill, its Explanatory Memorandum and other materials can be found at http://law.gov.au/ecommerce.

The Bill is based on two principles: functional equivalence (also know as media neutrality) and technology neutrality. The term functional equivalence means that transactions conducted using paper documents and transactions conducted using electronic communications should be treated equally by the law and not given an advantage or disadvantage against each other. Technology neutrality means that the law should not discriminate between different forms of technology - for example, by specifying technical requirements for the use of electronic communications that are based upon an understanding of the operation of a particular form of electronic communication technology.: Electronic Transactions Bill, Explanatory Memorandum.

The Bill would apply to specified laws of the Commonwealth until 1 July 2001. After that date the Bill will apply to all laws of the Commonwealth unless specifically exempted. This is intended to allow agencies time to put in place the requisite information systems to communicate electronically with their clients in line with the Prime Minister's commitment that all appropriate services will be delivered electronically by 2001.

The explanatory memorandum indicates that legal requirements under State and Territory law are expected to be dealt with by complementary State and Territory legislation. Uniform State and Territory legislation is currently being considered through the Standing Committee of Attorneys-General.

If passed and implemented, legislation on these lines would appear to address a number of barriers which have previously been identified to use of digital technology to remove barriers to participation and access by people with a disability.

Government Information Centre program

"It's clear that many people don't understand how the different levels of government are organissed. The aim has been to cut through the inevitable confusion and reduce the time people spend in having to track down the right person in the right agency to talk to": Senator Ian Campbell, Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts, launching the Government Information Centre pilot program, 16 December 1998.

Placing Government information on line does not in itself provide access for people who lack internet access, or who do not yet have the knowledge, skills or familiarity needed to use the internet effectively to find information. In particular, many people may experience difficulties in finding the right place to look for information even if they have internet access, since it is not always obvious which government agency or department or even which level of government is the best or right one to contact to deal with an issue.

The Commonwealth government decided in its 1997 Investing for Growth statement to establish Government Information Centres to provide single points of access to government information across areas and levels of government. To date, a pilot centre has commenced operation in Launceston. Access by phone, fax, mail or through the internet is provided to information from on line databases of government information, without requiring users to have the skills or equipment available to access these databases directly themselves. A proposal to extend this service to other States and Territories is intended to be considered in the 2000-2001 budget process. Further information on this project is available at www.access.gov.au .

Economic and equipment availability barriers

In the 12 month period to May 1999, work and home were the most frequently reported places for Internet access by adults (2.7 million adults for work and around 2.3 million adults for home: Australian Bureau of Statistics, Use of the Internet by Householders, Australia, 7 September 1999, www.abs.gov.au ).

Access to the internet from work is obviously not an effective option for people who have left the paid workforce or cannot get work, whether because of age or disability or for other reasons.

Home access also appears to be strongly related to income status, which again is likely to operate to the disadvantage of many people with a disability and older Australians among other groups.

Although the price of computers suitable for internet use as well as the price of other elements of internet access have clearly been declining for a number of years (very rapidly relative to the capacities of computers available, and substantially in absolute terms and relative to other consumer items including printed material), a computer for home internet use would still be regarded as a very substantial investment by most households and would be likely to be financially out of reach for many.

Access at home or work may be the most convenient forms of access for many users and offer an environment within which it is possible to gain familiarity and confidence with using the technology. These are not, however, the only options available.

The ABS study reported that in the year to May 1999 other sites of Internet access included:
a friend's or neighbour's house, 1.6 million adult Internet users;

TAFE/ tertiary institutions, just over 1.0 million adults;
public libraries, 0.7 million adults;
shops, stores or telecafes, 0.3 million adults;
and schools and government agencies/ shopfronts, 0.2 million adults each.

(This survey dealt with adult access only. The Commission is interested in information and comments on the extent and effectiveness of access to the internet being provided through schools, as a means of increasing information access and educational opportunity for students including students with a disability, and as possible community access points outside of school hours.)

Unequal opportunities which appear to exist for home or work based access to the internet add to the importance of access through community facilities (through local, State and Territory, and Commonwealth government programs, educational institutions, commercial facilities and community organisations).

The Commission is interested in comments on needs and options for increasing access to computer technology and internet access facilities for older Australians or people with a disability including

Possibilities for further use of equipment which is surplus to government or business requirements
Possibilities for increased access through libraries, schools or other community facilities

having regard to experience gained in initiatives in this area to date, including those referred to in this paper under the heading of major relevant initiatives.

Education and training needs and possibilities

The Commission is interested in needs and options for education or training to promote equal access to electronic information and services for older Australians and for people with a disability, including any current initiatives additional to those referred to in this paper, and any proposed or desirable initiatives which might be built or modelled on the initiatives which are referred to.

World wide web page accessibility audit

"When blind people use the internet and come across unfriendly sites, we aren't surfing, we are crawling ... Imagine hearing pages that say, 'Welcome to ...[image].' 'This is the home of ... [image].' 'Link, link, link.' It is like trying to use Netscape with your monitor off and the mouse unplugged. See how far you'll get.": (NY Times Cybertimes, 1 December 1996)The Commission is commencing a survey of accessibility of information and service provision through Australian based web pages including

Commonwealth and other government information and service provision sites
Banking, news and other significant business sites.

The survey is intended to be conducted through direct research by the Commission and by asking users, government and industry and other content providers to submit their comments and experience to identify barriers to access, current best practice examples, and strategies for improvement. (It should be noted that the Commission would welcome comments on its own performance in this area and does not assume that there is no room for improvement in this respect.)

Government, business, educational and other organisations in Australia are increasingly using the World Wide Web as a means of providing large numbers of people with access to information and services in a timely and cost effective way.

Availability of information and services in electronic form via the World Wide Web has the potential to provide improved access for many people in the community, including older Australians and people with a disability; and to provide access more broadly, more cheaply and more quickly than is otherwise possible using other formats.

Many agencies now provide information free on the internet which users otherwise have to pay for in print or other formats.

For example, all Australian legislation and most Australian case law is now available on line without charge to the user, through the Australasian Legal Information Institute site www.austlii.edu.au and through official sites such as those maintained by the Federal Attorney-General's Department (www.law.gov.au) and State and Territory governments. As long as he or she has effective internet access, any person anywhere in Australia has access to a more extensive law library than any capital city barrister had access to five years ago.

"No longer are legal materials the captive of "Judge & Co", hostage to a university training and privy to the lawyers who can afford the leather bound books. Now the law is where it should be. At the fingertips of the citizenry.": Justice Michael Kirby, Opening Address at Law via the Internet conference 1999, http://www.austlii.edu.au/au/other/col/1999/4/toc.htmlAs well as case law and legislation, a range of material on legal issues in easier to understand form is also available on line, from sites such as the NSW Attorney-General's Department site "Lawlink" (http://www.agd.nsw.gov.au/ ) .

The internet also offers potential for more effective public awareness of and involvement in political processes.

The Federal government and most State and Territory governments provide access to extensive government information through the internet, accessible through the National Library's Australian Government Entry Point, http://www.nla.gov.au/oz/gov/ .

Anyone who has effective internet access has access each morning to the full Hansard record of debates in Federal Parliament the previous day, for example (through the Parliament site at http://www.aph.gov.au ), rather than needing to rely only on media accounts.

A number of government agencies are using the internet to open up public policy processes to greater public participation and accountability. For example, the Productivity Commission publishes submissions received in its inquiries on line (http://www.pc.gov.au ) , so that a range of views is available to the public rather than only the conclusions reached by government officials. The Human Rights and Equal Opportunity Commission has adopted the same approach in conducting recent public inquiries including this one. It has also begun using the internet to increase public participation in complaint processes (under the Disability Discrimination Act) raising issues of public importance.

The price to the provider of services is significantly lower using the internet and other electronic technologies than more traditional formats, and this can reasonably be expected to be reflected in lower prices to users, and/or provision of services which would otherwise not be provided. For example, average costs to providers of banking transactions have been cited as $2.50 to $3.50 for over the counter services, $1.00 to $1.50 for ATM transactions, between 8 and 40 cents for EFTPOS, but only 12 cents for internet banking (figures cited in various presentations by Dr Paul Twomey, Director, National Office for the Information Economy, available at www.noie.gov.au).

This does not mean that the Commission assumes that services and information through the internet are in fact affordably and effectively available for all Australians or for all older Australians and people with a disability in particular. It does mean that if and where entry level issues of affordable internet access can be dealt with, there appear to be very substantial gains to be made in use of the internet to provide economical and effective access to information and services across Australia.

Other potential access benefits of provision of information and services through the internet include the following:

The internet can provide an effective means of access for people whose disability or age makes it difficult for them to get to premises where services or information are provided
Many people whose disability makes it difficult to handle or read paper pages can use a computer, for example with a modified keyboard or with voice control
People who are blind or have vision impairments can use appropriate equipment and software to gain access to documents in electronic form and read them in Braille, audio or large print form
Deaf people or people with hearing impairments can be provided with ready access to captioning or transcription of sound material.
Deaf people and people with hearing or speech impairments can use e-mail, including recently emerged instant messaging e-mail services, to avoid barriers in communicating by phone or telephone typewriter (TTY). ARPANET, the first Internet, in fact came into being in the United States with the help of Vinton Cerf, who is hard of hearing. Reportedly, his hearing impairment and the fact that his wife is deaf were factors in his role in creating e-mail.
Internet based video conferencing technology could be used to provide more convenient and economical access to sign language interpreting services for Deaf people in a manner similar to the Telephone Interpreter Service for spoken languages, as well as access to direct and/or relayed sign language communication in other contexts.
Emerging web-based technologies (such as the "babelfish" translation service available from the search site AltaVista) offer the prospect of greater equality and convenience of access and participation for people who are not fluent in English.

By itself, however, provision of a service or a document through the World Wide Web, or other internet facilities including e-mail, does not guarantee accessibility.

In addition to issues of affordability of access, availability of effective internet service in some locations, and needs which may exist regarding awareness, education, information or training to ensure people have effective opportunity to make use of the internet (which the Commission will be looking at throughout this reference), there are a range of issues regarding the design and implementation of pages on the web.

The World Wide Web Consortium's Web Content Accessibility Guidelines ( http://www.w3.org/TR/WAI-WEBCONTENT/ ) call on providers to

consider that many users may be operating in contexts very different from your own:

They may not be able to see, hear, move, or may not be able to process some types of information easily or at all.
They may have difficulty reading or comprehending text.
They may not have or be able to use a keyboard or mouse.
They may have a text-only screen, a small screen, or a slow Internet connection.
They may not speak or understand fluently the language in which the document is written.
They may be in a situation where their eyes, ears, or hands are busy or interfered with (e.g., driving to work, working in a loud environment, etc.).
They may have an early version of a browser, a different browser entirely, a voice browser, or a different operating system.

As these Guidelines note: The primary goal of these guidelines is to promote accessibility. However, following them will also make Web content more available to all users, whatever user agent they are using (e.g., desktop browser, voice browser, mobile phone, automobile-based personal computer, etc.) or constraints they may be operating under (e.g., noisy surroundings, under- or over-illuminated rooms, in a hands-free environment, etc.). Following these guidelines will also help people find information on the Web more quickly. These guidelines do not discourage content developers from using images, video, etc., but rather explain how to make multimedia content more accessible to a wide audience.As well as features of some pages which may make access simply impossible for some users (particularly blind users), older Australians and people with a disability may be less likely than other sections of the community to have easy access to "state of the art" equipment and software. So, even if access is technically possible, a page may not provide reasonable or equitable access in practice to information or services. Problems which may arise in this area may include

pages which are slow or difficult to load for people using slower modems or phone connections because of unnecessarily high graphics content
pages which require users to be able to deal with non-HTML formats.

In particular, the Commission is aware of access concerns where pages or documents are available on line only in PDF (Portable Document Format):

Although the "Acrobat" reader required for PDF files is available free on line for downloading, users of older equipment (which in this context may only mean 5 or 6 years old) may not have sufficient computer system disc space available to download the reader.
PDF files of text documents are typically significantly larger than HTML files of the same content, which may present access difficulties for users with slower equipment or phone connections.
PDF is, at least in its origins, essentially a graphics based format, which presents access problems for people who cannot see and who are relying on screen reader software to convert text into speech or Braille.

The Commission is aware however of considerable accessibility efforts being made by Adobe Inc. (the authors of the PDF format) including provision of free online conversion services. Comments would be welcome on whether these developments are sufficient such that PDF publication should now be regarded as providing access for people with vision impairments.

The Commission's survey of web accessibility will use the World Wide Web Consortium's Web Content Accessibility Guidelines as its main reference point, noting the principle set out in the Australia - U.S. Joint Statement on E-Commerce that "in the light of the global nature of electronic commerce, government-based or industry-based approaches should be coordinated and harmonised domestically and internationally, as far as possible".

For Commonwealth Government agencies in particular, AusInfo's Guidelines for Commonwealth information published in electronic formats are also relevant ( http://www.ausinfo.gov.au/guidelines/index.html ). These documents are referred to in the Commission's Advisory Note issued under the Disability Discrimination Act on World Wide Web accessibility, issued in 1997 and most recently revised in March 1999 ( http://www.hreoc.gov.au/disability_rights/standards/www_3/www_3.html ).

Another useful resource is "Bobby", available on line at http://www.cast.org/bobby , which is a program designed to check Web pages for accessibility, report on problem areas and suggest possible improvements.

The World Wide Web Consortium Guidelines are in themselves purely advisory.

However, the Commission has emphasised that particularly for government, business and education providers in Australia, the Disability Discrimination Act may be used to require accessibility of web pages, and has issued Advisory Notes on web page accessibility to provide guidance in this area. Commentators in the United States have similarly pointed out that institutions covered by the Americans with Disabilities Act could be liable for failure to make information and services provided on the web accessible (for example, see C. Waddell, "Applying the ADA to the Internet: A Web Accessibility Standard", http://www.rit.edu/~easi/law/weblaw1.htm ).

Guidelines currently being considered by the U.S. Access Board ( which may be found at http://www.access-board.gov/pubs/eitaacrpt.htm ) would in substance make compliance with the World Wide Web Consortium guidelines mandatory for U.S. government departments and agencies (as well as setting accessibility requirements for other electronic service delivery and information technologies, discussed later in this paper).

Questions:

Are you aware of instances of barriers to accessibility in design or implementation of significant government or business web pages? Are you aware of examples of good practice in pages offering effective accessibility? Is there action which the Commission should take or suggest beyond its current provision of advice through its "Advisory Notes" on web access, or which the Commonwealth should take beyond the current AusInfo guidelines?

Telecommunications based services

Access to telecommunications can bring independence. The disability community has told the FCC of the frustration of not being able to check the balance of a checking account using telecommunications relay service, or not being able to tell if a wireless phone is turned on, or not being able to use a calling card because of inadequate time to enter in the appropriate numbers. The FCC has received numerous reports from relatives of senior citizens saying that their elderly parents could live on their own, if only they had telecommunications equipment that they could use: U.S. Federal Communications Commission news release announcing rules on accessibility of telecommunications equipment and services, July 14 1999, available at http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9048.html

Telecommunications is increasingly so much more than how we communicate -- it is how we teach, how we learn, how we work. ... U.S. Federal Communications Commission member Gloria Tristani, July 14 1999.

For the non-disabled, it takes little effort to dial a telephone number on a telephone touchpad; scroll through an automatic voice response system to check your bank account balance; leave a simple voicemail message on a colleague's or friend's answering machine; or even to scan a mobile phone's visual display to ascertain who is calling you or whether you dialed the correct telephone number. Unfortunately, in this day and age, the same cannot be said for people who are disabled. Accessing telecommunications equipment or services to perform these seemingly routine tasks that most of us take for granted is a frustrating exercise at best and potentially a life-threatening barrier at worst for people who are disabled.: U.S. Federal Communications Commission member Susan Ness, July 14 1999.

This reference does not require the Commission to duplicate work towards equal and effective access being undertaken in telecommunications regulation and service delivery under the Telecommunications Act, in particular work which the Australian Communications Industry Forum is undertaking on behalf on the Australian Communications Authority on accessibility features required in the standard telephone service.

The Commission does not have the expertise, or the authority under the Disability Discrimination Act or the Human Rights and Equal Opportunity Commission Act, to take the principal role in regulation or standard setting for telecommunications services.

The Commission does, however, have an interest in telecommunications access issues which may not be being dealt with by existing regulatory and other processes in Australia, in view of the importance of telecommunications as a means for access to and participation in electronic commerce and other services and activities of business and government within the terms of this reference.

The Commission recently released a public notice of inquiry into a complaint regarding accessibility of mobile phones to hearing aid users. (See http://www.hreoc.gov.au/disability_rights/current_inquiries/MP_index/mp_index.html .) The results of that inquiry (including public submissions) will be taken into account in conducting this reference.

The Commission's inquiry regarding mobile phones and hearing aids, and processes regarding the standard telephone service, clearly leave many other issues to explore regarding accessibility of telecommunications services and facilities.

Issues the Commission is aware of include:

accessibility of mobile phones other than regarding hearing aid compatibility, for example regarding useability of controls for people with limited vision or limited hand function, accessibility of information needed to use effectively;
accessibility of payphones including location, height, ability to use controls and payment systems, TTY options, hearing aid compatibility, volume control;
accessibility of paging, message and voicemail services;
accessibility of government and business information and service facilities accessed by phone, in particular automated payment or information services.

The Attorney-General asks the Commission to suggest minimum standards that should be met when introducing new technologies into service provision. For telecommunications services, one possible starting point would be the rules adopted on July 14 1999 by the U.S. Federal Communications Commission, in view of

their comprehensive nature
their development through extensive consultation and co-operative work between industry and consumer experts
the basis of these rules in anti-discrimination requirements similar to (though more detailed than) those of Australia's Disability Discrimination Act
the apparent desirability of any standards adopted or recommended for Australian use being consistent with international best practice, rather than either accepting lower standards for Australian use than apply elsewhere, or imposing different or additional standards for providers of services or equipment in the Australian market which might involve either higher costs for Australian consumers or a risk that the full range of innovative equipment and services emerging overseas would not be available here.

Question: Should the Commission suggest standards reflecting those adopted by the U.S. Federal Communications Commission in July 1999? Should these be suggested as best practice guidelines for industry and government, or should more authoritative regulatory or quasi-regulatory action be suggested?.

Automated telephone information or service facilities

The Commission is aware of specific concerns regarding automated information or services facilities provided via telecommunications.

When I call a bank or an airline, a theater or a credit card company, interactive voice menus are the means by which I complete my call. Often a live human is available, if at all, only by navigating that system. Those who are hard of hearing, or who have mobility or cognitive disabilities, simply may not be able to respond as quickly as the system demands. A TTY-user, working with a communications assistant, may have to spend forty-five minutes, and endless phone calls, to re-enter the system and repeat the prompts just to check an account balance. When these individuals are disconnected, or do not have sufficient time to respond to a prompt, it is a fiction to say that that phone call is accessible because, in the technical sense, it has been terminated at the number dialed. In no purposeful sense is that call accessible to the person placing it. Voicemail and interactive voice menus are so integral to the use of telecommunications services today that their inaccessibility can render telecommunications services themselves inaccessible: U.S. Federal Communications Commission member Gloria Tristani, July 14 1999; available at http://www.fcc.gov/Bureaus/Common_Carrier/News_Releases/1999/nrcc9048.html .

Automated telephone information and service facilities are increasingly being used by government and business in Australia.

Facilities in this area include automated bill payment facilities, and telephone information services such as those of some public transport operators, where the user selects options and enters information through the telephone keypad.

As with provision of services through the internet, these facilities offer very substantial efficiencies in service delivery, and hence potential for improved profitability or reduced claim on public funds on the provider side, and greater convenience and availability of services for the consumer or citizen than might otherwise be the case. In particular, many such services are available on a 24 hour basis and typically avoid queuing otherwise required for direct human assistance.

However, the Commission is aware that these facilities may involve access difficulties for some people with disabilities and older Australians, as well as other difficulties based on language. These difficulties may need to be addressed either in the design of such facilities or through the provision of alternative means of access (through more direct human assistance and/or through other technologies) or both.

Issues in this area include

lack in some cases of a sufficiently clear and early "exit option" to a human operator for people who cannot use or understand automated facilities
inability of people who use telephone typewriters (TTYs) because of deafness or speech impairments to use automated telephone information or service facilities
problems for people who cannot manage required keyboard input within the response times allowed by some automated systems.

The U.S. Federal Communications Commission rules include a provision that

Voice mail, auto-attendant, and interactive voice response systems shall provide at least one mode which does not require users to respond within a timed interval or allows users to adjust the timing and repetition of those intervals so that the systems can be used both by people with slower response times and by Telecommunication Relay Services or other situations where a person is interpreting for or assisting a user.

Questions:

What modifications can be made to automated facilities in this area (for example in response times required from the user) which would overcome these difficulties?
How far does, or would, availability of information and services through the internet provide an adequate solution to access difficulties regarding automated telephone based service or information facilities?
What difficulties are there in using the National TTY Relay Service to use such facilities?

Accessibility of ATMs, information kiosks and other specific purpose devices

Back in the dark ages when surfing only meant taking a waxed board into the sea, and "E" was only the fifth letter in the alphabet rather than a ubiquitous IT prefix, the banks were pushing the technological envelope with their introduction of electronic settlements and EFTPOS in Australia. Indeed Australia was regarded as a test bed for EFTPOS. So before anyone had heard of the World Wide Web, Australians were familiar with using technology to undertake the most basic financial transactions. EFTPOS usage currently stands at more than 65% of Australians, and more than 71% of Australians now use ATMs." : Senator Richard Alston, Minister for Communications, Information Technology and the Arts, "E-commerce: the Banking Business Partnership", 20 August 1999

Automatic teller machines are well established in Australia as an important means of access to (some) banking services. They are available at times when bank branches (or other human service points) are not open, and in some cases in locations where no bank branch is nearby or where branch service has been discontinued.

Information kiosks and similar devices are less widespread but are receiving attention from a number of governments as a means of providing information and services conveniently and economically.

EFTPOS (electronic funds transfer point of sale) facilities are also within the terms of this reference as electronic commerce facilities. In some settings, such as at some petrol pumps, these operate on a self service basis.

The Commission is aware (including in some cases through complaints under the Disability Discrimination Act) of a number of access issues for older people and people with a disability in using these types of equipment and facilities:

safety and security issues for older people and people with a disability in using ATMs in some locations
barriers in design of equipment for people with limited vision, reach, or ability to use keyboard or touchscreen interfaces
equipment placed in inaccessible locations
difficulties in access to some facilities where biometric sensing is included as an essential step in access (which may exclude people with artificial limbs for example)
lack of widespread provision of alternate language options on ATMs and similar facilities which may particularly affect older non-English speaking background Australians (for whom acquisition of effective English skills may be a less realistic option than for younger people in these groups).

Recommendations being considered by the United States Access Board call for electronic and information technology which, as far as achievable, is usable without vision; usable with low vision without relying on audio; usable with little or no color perception; usable without hearing; usable with limited hearing; usable with limited manual dexterity, reach and /or strength; usable without time-dependent controls or displays; usable without speech; usable with limited cognitive or memory abilities; usable with language or learning disabilities; usable with upper extremity prosthetics; usable from a wheelchair or similar mobility device; and offers availability of audio cutoff; prevention of visually-induced seizures; bypassing of biometric identification /activation; hearing aid compatibility; and accessibility of associated information and services being accessible.

(Electronic and Information Technology Access Advisory Committee Final Report to U.S. Access Board, May 12 1999, http://www.access-board.gov/pubs/eitaacrpt.htm ). These recommendations were prepared in response to 1998 amendments to the Rehabilitation Act 1973, which require Federal departments or agencies developing, procuring, maintaining, or using electronic and information technology to ensure that the technology allows employees and members of the public with disabilities to have access to and use of information and data comparable to access to and use of the information and data by people who do not have disabilities, unless an undue burden would be imposed on the department or agency. The legislation also requires the Access Board to develop and publish standards by February 7, 2000 for achieving accessibility of electronic and information technology. )

The Commission is interested in information on the nature and extent of current barriers to equal and effective access to ATMs and similar facilities for access to information or services, and possible solutions including by reference to overseas developments and initiatives by service providers in Australia. In particular, information would be welcome regarding

Possibilities for addressing security and safety concerns of ATM users
Effectiveness of ATMs with voice input and output being trialled or installed by some banks in the U.S. and Australia
Current status of physical access barriers to ATMs including height and location, and plans for addressing these barriers
Extent of provision of alternative language displays on ATMs and similar facilities and needs and possibilities for further action in this area, including by reference to experience overseas.

Legal issues

The Commission is interesting in examining any legal issues affecting use of information technology to increase access by people with a disability or older Australians to government, business or educational information and services. In particular:

Are there any needs and options for reform in this area beyond the reforms proposed in the Electronic Transactions Bill and the Copyright Amendment Digital Amendment Bill?
Are there specific needs to be addressed regarding consumer protection issues?

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