15 February 2013
Director, Disability and Mental Health Policy
Department of Education, Employment and Workplace Relations
GPO Box 9880,
CANBERRA ACT 2601
Dear Director,
SUBMISSION TO INCREASING EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH
DISABILITY DISCUSSION PAPER
I am writing on behalf of the Darebin Disability Advisory Committee (DDAC). DDAC acts as an
advisory body to Council on issues relating to access and inclusion for people with a disability in
Darebin. DDAC is chaired by a Councillor and its membership is made up of community
representatives with a disability, carers, local disability service providers, and relevant Council
staff.
We would like to commend the Department of Education, Employment and Workplace Relations
for leading a discussion into improving employer practices in regard to people with disability and
we are pleased to have the opportunity to contribute to a way forward.
To set some context Darebin has a population of over 134,000 residents, with 5.9% reporting
needing assistance in their daily lives due to disability. In the City of Darebin 57% of people
aged over 15 years have completed Year 12 schooling (or equivalent). There are 63,809 people
living in Darebin who are employed, of which 62% are working full time and 36% part time.
There are a further 6.2% of residents looking for full and part time work and a 6% unemployment
rate. Lastly 62.4% of Darebin’s population are classified as being between the lifestyle stages of
‘tertiary education and independence’ (18 years +) and ‘older workers and pre-retirees’ (up to 59
years).
This submission will be addressing some of the key questions posed in the discussion paper.
Theme 1: Why reform is needed
1.1 What are the main barriers faced by people with disability in employment?
Some of the primary barriers to people with a disability gaining employment include:
 Physical barriers in a workplace - inaccessible entrances, bathroom facilities, staff
facilities like lunch rooms, desk/office spaces, multi-level buildings, and emergency
egress.
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Attitudinal barriers of employers about a person’s abilities, reliability, job productivity and
performance and workplace safety.
Lack of awareness amongst employers about the benefits of employing a person with a
disability.
Direct costs to people with a disability such as transport, assistant care, interpreters or
aids and equipment.
Gaps in supporting people with a disability to transition from education to employment.
Lack of awareness amongst employers of the many incentive programs available to
support the employment of people with a disability, eg. Employment Assistance Fund.
Inflexibility of the system to support an individual to explore the different options
available to them eg. being employed in an ADE (Australian Disability Enterprise) whilst
exploring options in the open labour market at the same time through the support of a
DES (Disability Employment Service).
None of the above barriers relate to ‘disability’, rather they relate to barriers in the built
environment and societal attitudes. Therefore reform is necessary to ensure that people with a
disability have economic security, can exercise choice and become independent and active civic
participants, defined by their employability not disability.
Theme 2: Options to improve the employment of people with disability
2.1 What are the practical and workable approaches to make a real improvement to
employment outcomes and workplace equality for people with disability? How would
they work?
One approach could involve broader promotion of the existing incentive programs available to
employers, such as the Employment Assistance Fund and Australian Apprenticeship Incentives
Program. Human Resource departments within business should be aware of these programs
and be relaying the information to all of their staff - who may the ones doing the recruitment and
employment or who may be the staff member benefiting from the support the program provides.
2.2 Would introducing disability employment disclosure arrangements improve the
employment of people with disability? What are the likely benefits of such arrangements?
Should they be voluntary or mandatory?
Introducing disability employment disclosure arrangements of any kind puts the focus on the
employee’s disability rather than on the requirements of a workplace to foster an environment of
trust and a respect for skill, capacity and contribution. With the introduction of such an
arrangement, there may also be less onus on strengthening models of support and embedding
social inclusion principles in the workplace.
While it would involve employers doing the reporting, employees would still be forced to disclose
their disability (if it’s not obvious). In the instance where a disability is not obvious and would not
have any impact on the person completing a required task, they should not be forced to disclose
information which isn’t relevant to their employer. In the instances where a disability is obvious
or a disclosure is made it should only be in relation to any support the person may need to
complete required tasks associated with their job, not as a forced measure of reporting.
The focus should be on whether the employer implemented inclusive employment practices, not
on disclosure.
2.4 How are disclosure issues best resolved? What would better practice look like?
In a system that works well:
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A job applicant would voluntarily disclose any particular disability that any reasonable
person would consider would adversely affect them in performing the inherent
requirements of the job they are applying for. The job applicant may choose not to
disclose any matter, whether a disability or otherwise, that has no relevence to the
performance of the job duties.
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The employer would focus on the abilities and skills of the job applicant and compare
those with any other applicants for the same job. The employer would be confident that
should the job applicant who had disclosed their disability was the best fit for that
business, that support would be available to assist in overcoming any inabilities to
perform the lesser tasks of the job.
Reporting of disability would be done only in respect of the required supports. If no supports are
required, the successful job applicant, in the context of this job, does not have a disability.
2.5 How are disclosure and privacy issues best addressed?
This is a very sensitive area. Disclosure of a disability should not be mandatory. In many cases
a disability, or rather a particular inability may have no relevance to the performance of the
required functions of the job. Voluntary disclosure supports an individual’s right to share private
information with the prospective employer. However, an employer may rightly feel deceived if a
job applicant revealed they had a disability after they were hired and the disability itself impacted
on the job or quality of the work. There may be a role for Fair Work Australia to play in these
cases.
Many third parties (Work Cover, life insurance underwriters, lawyers etc) are actively seeking
information regarding a person or employee's health and disability status for various purposes.
There are various state and federal laws against this e.g. Health Records Act in Victoria.
Whichever model of disclosure is considered, safeguards must be put in place to ensure:
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Access to appropriate – specify information required, for what purposes. No “fishing
expeditions”
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Access is specific (e.g. date range, specific episode of care/ incident rather than a ‘carte
blanche’ approach which may request the employee to provide all health records
including any disclosed disabilities.
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Employers have the power to refuse unreasonable requests (unless it is a court order,
however even in this instance, employers are entitled to ask the first two points).
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Limit the secondary use of voluntary disclosed information on disability – as in the case
of compensation claims.
Decisions around who accesses information, definitions of disclosure, safeguards and what
constitutes secondary use of disclosed information cannot be left to individual employers.
Whichever model is adopted will require development of resources and support documents to
support employees to understand their rights and employers to understand their obligation in
safeguarding the privacy of the employee where disclosure is made.
2.6 What are the barriers to a person disclosing that they have a disability to their
employer?
There are many barriers that can discourage a person from disclosing a disability including:
 Fear of judgement and discrimination.
 Perceived attitudinal beliefs of reduced capacity and ability to perform.
 Whether a climate of trust has been established.
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If disclosing, when to do so – at the application stage or after the job has been secured?
Fear of being defined by disability as opposed to merit, skills and experience relevant to
the job.
An individual’s experiences of the path they have travelled in applying for a job eg.
education pathways, previous job applications, past employers, accessing job support.
However regardless of whether a climate of trust is established between an employee and their
employer it should be their choice whether to disclose. If their disability does not impact on the
inherent requirements of their job then they should have the choice not to disclose at all.
2.7 What would be the most practical way for employers to report on disability
employment?
The Discussion Paper places great emphasis on reporting numbers of employees with a
disability and recording statistics as the only way of measuring success in the employment of
people with a disability. As outlined, data shows the number of people without a disability in the
workforce is 82% in comparison to 54.3% with 41.9% of these people with a mental or
behavioural disorder.
Focussing on strategies that assist people with a disability into employment would be a practical
and productive solution. Looking at the issues and barriers that exist for Disability Employment
Services (Job services Australia and CRS Australia Services) and identifying solutions may be
one strategy to gaining an accurate measure of the number of people with a disability accessing
open employment. More work at this end of the spectrum provides a natural conduit to
accessing specific data on people with a disability in the workplace.
There is additional legislation such as the Disability Discrimination Act 1992 and Fair Work Act,
designed to protect the rights of people with a disability whether in community or in a workplace
setting.
The existence of legislation such as this, is designed to respond to discrimination and unfair
treatment of people in all areas of life. With the highest proportion of complaints received by the
Australian Human Rights Commission attributed to disability discrimination during 2009 – 2010,
there is still significant amounts of work to be done to build trust in the community and
acceptance of disability and other forms of diversity.
The Government’s Social Inclusion Agenda identifies a number of areas that requires attention
in order to move towards equity and inclusion. This work can occur without the need for
developing disability employment disclosure arrangements which will only serve to mask the real
issues raised through this document and reinforce discrimination and labelling.
Other practical solutions to reporting on disability include:
 At the pre-employment phase, experiences and initiatives involve more robust support
from DES and other employment providers.
 Better support for young school leavers with a disability through transition planning and
career planning.
 Incentives that encourage employers to make workplaces accessible for all employees
e.g. access to funds that can be used to make the building / walkways or the general
work environment accessible.
 Raised awareness of case studies that outline positive stories and identified gaps for
improvement.
 Enhanced recruitment practices which are inclusive of and promote a diverse workforce.
Employer incentives that ‘rewards’ work environments that foster equality, trust, respect
and difference. The reward may be a symbol representing a workplace that is
recognised for its high standard and commitment to a ‘Fair Work Environment’ similar to
the Rainbow Tick audit which encourages organisations to consider how inclusive its
services or work environment is with respect to people who are gay, lesbian, bi-sexual,
intersex and transgender.
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Promote and support current award schemes rewarding employers of diversity such as
Diversity at Works’ Employment and Inclusion Awards or Tasmania’s Department of
Economic Development, Tourism and the Arts Employer of Choice program. Such
programs and awards could motivate employers by identifying them as leaders in their
industry to be celebrated and promoted.
Collecting the number of people with a disability in employment does not provide sufficient detail
regarding:
 the challenges they may or may not have experienced in gaining employment
 the amount of support they may or may not have received
 How long they have been in active employment
 Job satisfaction, levels of support and inclusion
 Whether disclosure of their disability influenced any aspect of their experience in the job
setting.
The discussion paper suggests that under a new regime, a company may be required to report
on their employment of people with disabilities in their annual report. It should be noted that
private companies and businesses, by aggregate the largest employers in Australia, are not
required to produce annual reports. Mandatory reporting and employment quotas (of any kind)
would add a further level of bureuocracy that is likely to be unwelcome.
2.8 What would be the most suitable definition of ‘disability’ for the purpose of disability
employment disclosure arrangements designed to encourage employers to hire more
people with disability?
Focusing on seeking suitable definitions of ‘disability’ undermines the talents, skills and capacity
that a person with a disability brings to their job role. While reporting requirements are
necessary in determining how many people with a disability are in fact participating in the open
workforce, defining disability only reinforces the labelling of an individual which in turn reduces
and limits how they may be perceived by the employer and their colleagues.
The accepted terminology in Australia is ‘people/person with a disability’, emphasising the
person not the disability. Strengthening and building on the social inclusion principles, the
employee, regardless of their disability, should only be defined by their abilities – not their
disabilities - in the context of the job they have been employed to undertake.
There is a place for formal definitions of disability to exist as evidenced in the Disability
Discrimination Act to help guide process when and if discrimination occurs or where eligibility to
access services may be required. In these situations, definitions are important. However formal
definitions of disability may not speak to the person who has a disability. The concept and
experience of disability is different for each person with a disability, with no one definition being
reflective of all people with a disability. For example no two people who use a wheelchair will
have the same challenges, education, work experience or interests in their pursuit of
employment.
Seeking suitable definitions of disability will not improve workplace participation of people with
disability. It is more likely to reinforce discrimination and stigma in community.
While the Paper invites discussion through a series of guiding questions with some background,
we would now like to highlight some key themes that are not discussed.
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There is insufficient information regarding what is or has been done with regard to the
key approaches that have been outlined in the Social Inclusion Agenda: building on
individual and community strengths; building on partnerships with key stakeholders,
developing tailored services, building up joined-up services and whole of government
solutions and lastly, using evidence and integrated data to inform policy.
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There is no reference made of the different challenges a person might experience if they
were to acquire a disability while being gainfully employed as opposed to a person who
gains employment with a pre-existing disability. A person may find that their place of
work is no longer physically accessible and/or the attitudes of their colleagues may have
changed – resulting in the individual questioning their capacity and potentially hindering
any rehabilitation.
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Whilst the Discussion Paper mentions Government programs such as JobAccess and
the National Disability Recruitment Coordinator, there is no reference to Disability
Employment Service (DES) providers and the key role they play in supporting people
with a disability in open employment. Given the large Government funding allocation to
and service mandate of a DES, one would expect DES providers to be included in any
discussions regarding supporting employment practices in regard to people with a
disability.
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Skill shortages in Australia are updated every 6 months by DEEWR. Are there any
measures in place ensuring employers and sometimes entire industries are accessing
job seekers with a disability before accessing overseas labour?
The Discussion Paper highlights the need for greater scrutiny regarding the barriers that make it
difficult for people with a disability to participate in open employment. Introducing a new set of
measures has potential to undermine an individual’s privacy and dignity. We would encourage
further work that analyses the issues experienced by people with a disability using Disability
Employment Services, accessing the open employment market and systemic barriers and
finding practical solutions and strategies to address these every day barriers experienced by
people with a disability.
We thank you for the opportunity to be a part of this important discussion in supporting people
with a disability in Victoria to have better employment opportunities and are available to clarify
any points made throughout our submission.
Yours sincerely
On behalf of Darebin Disability Advisory Committee
Cr Tim Laurence (Chairperson)
Mayor, Darebin City Council
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