Disability Rights update: July 2007
About this update| Convention on Human rights and Disability | Employment | Access to premises | Electoral access | Health Access| Information and communications technology | Access to art and culture | Productivity Commission inquiry | Accessible electronic financial services | Transport issues | Recent speeches, media and meetings
Other recent editions: February 2007; November 2006| September 2006 | August 2006 . Material from older editions is incorporated in HREOC'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 Human Rights and Equal Opportunity 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, Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney NSW 1042.
Convention on Human Rights and Disability
A productive workshop on the Convention was held on 27-28 June with representatives of disability peak organisations, disability advisory bodies and our colleagues at State and Territory equal opportunity agencies, together with officers from the Attorney-General's Department and FACSIA. Participants particularly appreciated the attendance of the Attorney-General and the strong support he expressed at the meeting and in a media release for prompt movement to the steps needed to enable the Government to consider ratification, and the commitment indicated to continuing consultation with disability organisations in those processes. Further information from this workshop including proposals for further actions towards ratification are now available on our site.
Employment issues
The Government has responded to my request for support for the development of a National Disability Employment Strategy, indicating that it does not see a need to expand existing strategies at this point.
I however will be seeking further discussions on an accessible procurement strategy for the Commonwealth both as a means of promoting equal opportunity in public service employment and as a leadership role for employment more generally.
he Occupational Health and Safety and Employees with Disability Working Group met in May with the main item being presentation by the Office of the Australian Safety and Compensation Council (OASCC) of its research materials and draft employer information addressing employer concerns about perceived increased exposure to legal and financial risks related to occupational health and safety, one of the main impediments to the employment of people with disability in the open workplace. We were happy to accept OASCC's proposal for HREOC to join in OASCC's media release accompanying the reseach report indicating a lack of increased OHS risk, released on 27 June.
Access to Premises
I am still awaiting a decision from the Attorney General and Minister for Industry, Tourism and Resources concerning the future of the draft Disability Standard on Access to Premises.
In the meantime I have finalised two new resources aimed at assisting the building sector, designers, building managers, service providers, access consultants and advocates to improve access to buildings and services.
The first is a resource titled The good the bad and the ugly which looks at thirteen examples of common mistakes made in applying today's Building Code of Australia (BCA) in areas such as handrails on stairs, use of Tactile Ground Surface Indicators, signage, visual indicators on glazing and kerb rails on ramps.
It includes many photographs and is designed to be used as a self learning tool or as an in-house continuing education program for groups such as building certifiers, designers and advocates.
The second is the Guidelines on access to buildings and services which are aimed at businesses, service providers, Government agencies, property managers and anyone involved in the purchasing, leasing or assessment of property. The aim of the guideline is to assist in identifying possible barriers to buildings and services and direct people to resources and expertise to address those barriers.
Both these resources are available on our website and as a free CD available from our publications unit at publications@humanrights.gov.au
Audio description, captioning and media access
DVD access
Following the DVD Access Roundtable I hosted in February this year there have been two working group meetings looking at ways to improve the availability of captioning and Audio Description on DVDs.
Agreement has been reached with the DVD industry body the Australian Visual Software Distributors Association (AVSDA) over the access features information that will be placed on the DVD covers to ensure consistency among AVSDA members.
AVSDA also agreed to draft an industry position paper/protocol which would set out expectations that their members would use their best endeavours to locate and make available access features on DVDs where they were available or technically able to be included.
Work is also continuing on a business case paper which would look at, among other things, the case for creating access features on DVDs where they were not already available in the overseas market.
I am also due to meet with representatives from the TV industry and production houses to begin discussions on improving access to TV material released on DVDs.
I am very encouraged by developments in this area and am aware that some AVSDA members have already initiated improvements in their products simply as a result of the discussions that have been taking place. The next Roundtable meeting will be in early September.
TV captioning
The Temporary Exemptions granted to Free TV in 2003 and Pay TV in 2004 both required reviews of the possibilities of further increases in the levels of captioning before the end of the exemption periods and I understand that discussions with the Commission and the disability sector will commence soon.
Cinema captioning
I was very pleased to note the decision at the end of May by the Film Finance Corporation (FFC) that as from 1 July producers seeking funding from the FFC would have access to funds to ensure their films were captioned for both cinema release and later DVD release.
This is an issue I and the disability sector have been advocating on for some time and it means that for the very first time in Australia, Deaf people and people with a hearing impairment will have access to major Australian produced and financed feature films.
ncreasing access to the number of cinemas capable of displaying captioned movies, however, continues to be of concern and I am expecting further discussions between industry and the disability sector on this issue in the coming weeks.
Electoral access
On 16 July we were able to welcome the announcement of 29 locations where electronically assisted voting will be trialled at the forthcoming Federal election. This provision for people with a print disability to at last exercise a fully secret ballot follows several years of discussion between the Commission, Government, electoral authorities and disability representatives
Health access
The Royal Australian College of General Practitioners (RACGP) has added a new criterion to its Standards for General Practices to include a reference to adjustable-height examination beds. This is an issue I have been advocating on in partnership with the disability sector for three years and while I am pleased to see this development the additional criterion is advisory and not mandatory.
I will continue to work with the disability sector and RACGP to encourage general practices to provide adjustable-height examination beds and will continue to advocate for them to become mandatory under the Standards for General Practices.
Information and communications technology
Mr Maguire continues to participate in the discussions of the US Access Board committee reviewing the standards on information and communications technology under s.508 of the US Rehabilitation Act.
Productivity Commission review of the DDA
The Bill to implement the legislative components of the Government's response to the Productivity Commission review of the DDA is still not listed among those having priority for passage and it remains my understanding that drafting time has still yet to be secured accordingly. I indicated to the Attorney-General my concern in this matter when he was with us to open our workshop on the Convention on human rights and disability.
Accessible web information
After several years of work, the Worldwide Web Consortium's Web Accessibility Initiative has released the penultimate public-comment draft of the Web Content Accessibility Guidelines 2.0. Version 1 of these Guidelines has become recognised as the international benchmark for web accessibility, and is referenced in the Commission's Web Accessibility Advisory Notes. Following release of the latest draft, disability rights policy staff convened a teleconference of key web accessibility experts in Australia to discuss the content and consequences of the guidelines. Following this meeting, we submitted a number of comments to the development committee, focussing on general policy issues that are of relevance in the Australian context. These comments were noted, and further discussions are taking place with the committee that is developing the guidelines.
E-commerce
Work is almost complete on a set of Guiding Principles for Accessible Authentication developed by the Australian Bankers Association (ABA) in consultation the Commission and representatives from the disability sector.
The Guiding Principles have been developed to provide guidance to financial institutions that are developing stronger authentication technologies to ensure that all customers, including people with disabilities and older people, are able to access and manage their finances independently, securely and effectively.
Achieving this requires financial institutions to consider the access needs of people with disabilities and older people in the design and deployment of authentication technologies and the Guiding Principles will assist them to do that.
Accessible consumer electronics products
A first draft of our discussion paper on access issues affecting people with disability in using a range of consumer electronics products and possibilities for addressing these issues is now being discussed between disability rights policy staff and the consultant working on the paper.
Accessible public transport
I am still considering how best the Commission should have input to the five year review of the Disability Standards for Accessible Public Transport which as noted in my previous report has now commenced.
Exemptions
Discussions with the Australian Railways Association and representatives of the Australian Federation of Disability Organisations have continued on matters where the Commission deferred a decision in its temporary exemption decision earlier this year.
Recent meetings / speeches / media
Commissioner Innes except where otherwise indicated
15 May: Radio 2SM re rail traveller with intellectual disability being fined by ticket inspectors
17 May: NSW DET teacher consultant conference keynote ( Sydney )
21 May: Daily Telegraph re carriage of guide dogs in taxis
23 May: Parliamentary disability friendship group, Canberra
24 May: TV and radio interviews re guide dogs and taxis
24 May: Meeting with DITR re premises standards ( Canberra )
24 May: Senate Estimates, Canberra
28 May: Brisbane radio re access on trains
28 May: Alastair McEwen, PWD Australia ( Sydney )
29 May: Justice Michael Kirby re Convention on rights of people with disability
30 May: Launch of NSW Art Gallery access program
30 May: Interview Sydney community radio re disability issues
30 May: Aust Fair Pay Commission consultation, Melbourne (Mr Mason, Ms Ricci),
30 May: OHS and disability working group, Melbourne (Mr Mason, Ms Ricci)
31 May: TV interviews re FFC captioning of films
1 June: Interview The Australian re migration exclusion and infectious diseases
4 June: AEC meeting on access issues ( Melbourne )
12 June: University of Canberra disability access meetings
13 June: Radio interview re ageing and disability
14 June: ABA Accessible Authentication meeting, Sydney (Mr Small, Mr Maguire)
18 June: DVD Access Working Group, Sydney (Commissioner Innes, Mr Small)
21 June: Sydney City Council meeting (Mr Small)
26 June: Disability in tertiary education seminar, UTS, Sydney (Mr Mason)
27-28 June: Workshop on disability rights convention, Sydney (Cmr Innes, Mr Mason, Mr Small, Mr Maguire)
9 July: AEC e-voting meeting (Melbourne)
10 July: Aust Local Govt Association congress on local roads and transport re access and mobility issues
24 July: Employers Network on Disability forum, Canberra