Disability Rights update: April 2009

Other recent editions: February 2009 | December 2008 | October 2008 |August 2008 . Material from older editions is incorporated in the Commission's annual reports available online.

About this update

This Update from Disability Discrimination Commissioner Graeme Innes is a slightly edited version of his regular disability rights project report for meetings of the Australian Human Rights Commission. It is published as close as possible to Commission meetings, which are generally held 6 to 8 weeks apart. Events are notified first in the What´s New section of the Disability Rights home page, so check there if you want to keep fully up to date.

You can subscribe to our email list to be notified when new editions of this update are issued and when other major developments occur, by sending a blank message to join-drupdate@list.humanrights.gov.au

Your comments on any project or issue are welcome, preferably sent by e-mail. Contact us at: disabdis@humanrights.gov.au , or by mail to Disability Rights Unit, Australian Human Rights Commission, GPO Box 5218, Sydney NSW 1042.

National Disability Strategy

See also the Commission's submission and the NDS consultation home page

We have asked FAHCSIA to consider possibilities for making submissions on the National Disability Strategy available publicly .

Convention on Human Rights and Disability

For more in this area see our Convention page.

As part of our continuing work to promote effective implementation of the Convention we have commenced a study, in partnership with People With Disability Australia and Queensland Advocacy Incorporated, on options for increasing awareness and understanding of the Convention amongst disability advocates and relevant policy makers..

International co-operation

We have received AusAid approval for our proposal, set out in previous reports, to build the capacity of national Disabled People's Organisations and government representatives to progress disability issues in the Pacific. DRU staff are meeting this month with members of the Pacific Disability Forum and with national human rights institutions and other partners in the reqion for further discussions on the implementation of this program, to commence in August.

Amendments to the DDA

For more information see the parliamentary home page for the Bill

While welcoming the Bill for amendments to the DDA to implement the reforms recommended by the Productivity Commission almost three years ago, and a number of associated reforms, the Commission has recommended a number of further improvements, in particular in the definition of discrimination and of reasonable adjustment. Commissioner Innes and staff have appeared before the Senate Legal and Constitutional Committee to present the Commission's views.

Access to Premises

For more in this area see our access to premises page .

Access to Premises Standards: While work on the proposed DDA Premises Standards is not yet complete the Commission's contribution to the House of Representatives Standing Committee onLegal and Constitutional Affairs inquiry into the draft over the past few months has been particularly intensive.

In the last 2 months we have met with more than 2000 people and organisations around Australia to provide briefings on the draft. This has included people with a disability, professional associations representing certifiers, designers and the building industry, Local Government, State and Territory building administrations and equivalent State and Territory human rights and discrimination agencies.

During these briefings we outlined our position on the draft and identified a number of specific issues that warranted further consideration and improvement. A formal submission was approved by the Commission and forwarded to the Committee in early March following a short period during which community comments on the draft were invited.

The Parliamentary committee has now received over 130 submissions and it is apparent in reading these submissions that the Commissions briefings and advocacy has had some influence over the tone of the submissions and the issues raised.

Apart from giving formal evidence to one of six Hearings undertaken by the Committee we were invited to participate in a final Roundtable during which the Committee sought final comments on a range of issues raised in submissions. Transcripts of the Hearings and submissions are available at http://www.aph.gov.au/house/committee/laca/disabilitystandards/index.htm

The Committee has indicated that it intends to submit its report by 15 June and we have some confidence that a number of improvements to the draft will be recommended.

Access to housing: As part of the inquiry into the draft Premises Standards we have strongly advocated for the inclusion of access requirements for common areas of new apartment blocks. There is strong support for changes to the draft Premises Standards to include this requirement and we are confident the Parliamentary Committee will address this issue.

We have continued to advocate for a national Action Plan on Lifetime Housing which would include the adoption of a nationally consistent set of low cost/no cost universal design features that would improve the accessibility of housing.

An initial meeting has taken place with NSW Minister for Planning to discuss this and information on initiatives to improve housing accessibility throughout Australia is being collected and distributed to a broad network of individuals and organisations with an interest in this issue.

We were particularly encouraged by the recent Victorian Government announcement of a package of initiatives under the Build for Life program which will include consideration of mandating greater accessibility in new housing developments. For more information on this initiative see http://www.buildforlife.com.au/www/html/100-home-page.asp

National Inquiry into Employment and Disability

Australian Fair Pay Commission: We have continued to participate in the roundtable hosted by the AFPC, with recent work focusing on avoiding discriminatory wage outcomes which appear to be possible under some modified wage assessment tools submitted for AFPC approval. .

Audio description, captioning and media access

For more in this area see our captioning and media access page.

Departmental investigation into media access: The Department of Broadband, Communication and the Digital Economy is yet to finalise a draft report on media access, but there are indications a draft will be available soon. We have maintained regular contact with the investigation team and provide regular briefings on media access related issues that come to the Commission's attention.

Cinema access: We are still awaiting final announcements of an increase in the number of cinemas equipped to provide captions (and audio description). Funding from the Minister for Ageing, which will allow for 12 independent cinemas to install necessary equipment, was announced in June 2008.

While there are currently 11 cinemas in Australia equipped to provide captioning none has the capacity to provide audio description to improve film access for blind people or people with a vision impairment. The 12 new sites will have the capacity to provide both captions and audio description.

Negotiations between representatives of the deaf community and the major cinema chains on further expansion of the cinema access program are continuing.

Exemption application: regional television: A temporary exemption has been approved for regional television providers on the same terms as was granted by the Commission to metropolitan networks, including further staged increases in captioning.

Accessible public transport

Five year review of standards : We are advised that release of the report of the initial five year review of the Disability Standards for Accessible Public Transport remains imminent.

Aviation issues: The Aviation Access Working Group established by the Government has now met several times and there are encouraging signs of progress both on regulatory issues and through a number of initiatives soon to be announced by industry participants.

Bus stops: The draft guidelines on accessible bus stops have been circulated to a reference group for comment. Comments are now being processed prior to a revised draft being released for wider comment next month.

Electoral access

Commissioner Innes has expressed concern publicly and directly to Ministers regarding the recommendation of the Joint Standing Committee on Electoral Matters to not persist with electronically assisted voting despite this being the only means to date offered for achieving a secret ballot for Australians who are blind or have other print disabilities. We have urged government not to accept this recommendation and to deal instead with concerns of high cost per vote lodged in this manner by expanding eligibility rather than abandoning the achievement of a fundamental civil right.

Web accessibility

We have been discussing with the Australian Government Information Management Office and a number of relevant experts strategies for more effective promotion of accessible information provision by Commonwealth organisations, including in the context of the recent release of the second edition of the World Wide Web Consortium's Web Content Accessibility Guidelines. We anticipate releasing proposals shortly for public comment on revision of the Commission's own guidelines in this area

Exemptions

For more in this area see our exemptions page.

Indigenous people with disability

Tenders will shortly be requested for the proposed cross unit (SJU and DRU) project examining the impact of hearing impairment and deafness in Indigenous communities

Violence against women

Commissioners Innes, Broderick and Calma have jointly raised with Minister Roxon concerns regarding representation of women with disability as well as Aboriginal and Torres Strait Islander women on the National Council to Reduce Violence Against Women and Children.

Recent meetings / speeches / media

As at 24 April 2009

Human Rights Commissioner and Commissioner responsible for Disability Discrimination, Graeme Innes

Date	Event
16 Feb	Meetings with Prof Gerard Quinn, Melbourne
17 Feb	Seminar on Disability Convention monitoring and implementation, Sydney
19 Feb	RailCorp NSW seminar on disability, Sydney
20 Feb	Interview 3CR re education of children with disability
23 Feb	JSCOT hearing on Optional Protocol to disability convention, Canberra
26 Feb	Interview The Age re education of children with disability
4 March	Japanese delegation re disability convention, Sydney
10 March	SMH re genetic discrimination
17 March	Senator Fifield briefing, Canberra
17 March	Mental Health Council of Australia , Canberra
25 March	HofR Legal and Constitutional Committee hearing on access to premises standards, Sydney
27 March	Aviation Access Working Group, Canberra
2 April	Briefings for government and NGO CEOs on disability convention and access to premises, Perth
2 April	Interview SMH re electoral access
3 April	Welcoming School Communities Conference, Perth
6 April	Meetings China delegation re human rights institutions and the Convention, Sydney
7 April	Briefing for HofR Legal and Constitutional Committee re access to premises standards, Melbourne

Disability rights policy staff

13 Feb	Access to Premises briefings Tasmania (Mr Small)
17-18 Feb	Access to Premises briefing Sydney (Mr Small)
19 Feb	Access to Premises briefings Brisbane (Mr Small)
20 Feb	Access to Premises briefing Sydney (Mr Small)
25-26 Feb	Access to Premises briefings Adelaide (Mr Small)
27 Feb	Aust Inst. Building Surveyors Conference Adelaide (Mr Small)
5 -6 March	Access to Premises briefing Darwin (Mr Small)
11 March	Access to Premises briefings Perth (Mr Small)
12-13 March	Access to Premises briefings Perth (Mr Small)
19 -20 March	Access to Premises briefing Melbourne (Mr Small)
30 March	Accessible Rail Code of Practice discussion, Canberra (Mr Mason)
30 March	Parliamentary Committee Hearing Sydney (Mr Small)
2 April	Disability Action Plans: State governments forum: Melbourne (Mr Mason)
7 April	Aviation Access Working Group, Canberra (Mr Mason)
17 April	PWD Australia re Disability Convention training program, Sydney (Mr Mason)
20-23 April	Pacific Disability Forum , Vanuatu (Ms Ricci)
27-29 April	Regional workshop on establishing NHRIs, Samoa (Ms Ricci)
30 April	Aust. Electoral Commission access workshop, Sydney (Mr Maguire)

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