Accessibility Action Plan 2016-2019 Review History Version 1.0 1.1 Authorisation Date September 2016 September 2016 Authorisation Position Director, Employee Relations PVCC 1.2 October 1016 Executive Committee Approved/Revision Type Final Final incorporating minor edits Final incorporating minor edits Page 2 of 22 Table of Contents Acknowledgement of Country ......................................................................................................... 4 Secretary’s introduction .................................................................................................................. 4 Acknowledgements ......................................................................................................................... 4 Setting the Scene ............................................................................................................................. 4 Our goals, and how we are going to achieve them ......................................................................... 5 Governance ...................................................................................................................................... 5 Evaluation ........................................................................................................................................ 5 LEADERSHIP.......................................................................................................................................... 7 Increase the representation of employees with disability in senior and network roles. ................ 7 INCLUSIVITY.......................................................................................................................................... 8 Foster inclusive cultures in the workplace. ..................................................................................... 8 OPPORTUNITIES ................................................................................................................................. 12 Expand the range of employment opportunities for people with disability. ................................ 12 INVESTING IN CAPABILITY .................................................................................................................. 14 Invest in developing the capability of employees with disability. ................................................. 14 Training needs................................................................................................................................ 18 APPENDIX A ........................................................................................................................................ 20 Definition of disability .................................................................................................................... 20 What is disability? .......................................................................................................................... 20 Who are employees with disability? ............................................................................................. 20 Disability groups............................................................................................................................. 20 Discrimination ................................................................................................................................ 21 Legal framework ............................................................................................................................ 22 Page 3 of 22 Acknowledgement of Country The Department of Health acknowledges the Traditional Owners and Custodians of country throughout Australia and their continuing connection to land, waters and community. We pay our respect to elders past, present and future. Secretary’s introduction The Accessibility Action Plan sets out how we will work together to build and strengthen our departmental culture, and is another step towards our goal to make Health an employer of choice for people with disability and those who care for people with disability. Disability on its own should not limit participation in the workplace. Health’s vision is to ensure that barriers to employment for people with disability are minimised, and that we foster an environment that enables people with disability to maximise their productivity and their potential. We aim to be an inclusive organisation that values fairness, equity and diversity consistent with the APS Values and Code of Conduct. The department will respect and value the diversity of its workforce, provide support and education to prevent and eliminate harassment, bullying and discrimination on the basis of race, colour, sex, sexual orientation, gender identity, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, nation of origin and social origin, in accordance with our obligations under section 351 of the Fair Work Act 2009. The Plan embeds that the rights of people with disability are considered in the delivery of all of our corporate services including our physical premises (refurbishments and relocations) and how we attract, recruit and retain our employees. The objectives outline how we will invest in the capability of all employees. The Plan aligns with the Department’s Strategic Intent 2016 – 2020 that outlines the department’s five year approach to attracting, retaining, building capability and motivating our people to deliver outstanding performance, and reporting and evaluating our success to continually improve. We will build leadership at all levels, think strategically, make evidence based choices, strengthen our key relationships, embed innovation in our work, and manage cost and invest in long term sustainability. In line with these statements, the department is committed to expanding employment opportunities and significantly encouraging, enabling and empowering our employees with disability and those with a carer role to achieve their full potential, ensuring all employees have equal access to professional development, career progression, representation and support within an inclusive culture. Diversity is our strength. Martin Bowles, PSM Acknowledgements The Department would like to thank the following groups for their assistance in developing this Plan: Health’s Disability and Carers Network and Committee Accessibility Action Plan Working Group Disability and Carer Champions Australian Network on Disability (AND) The Department is a Gold member of and an active supporter of AND and has been working with them on accessibility projects since 2007. Setting the Scene Disability awareness and confidence needs to be increased throughout the department if we are to ensure that we are an attractive workplace for people with disability and that bias against people with disability, conscious or not, is addressed at all levels. Page 4 of 22 There needs to be support for employees with disability and their managers, and clear and accessible policy and training that helps facilitate reasonable adjustment. We need to create an inclusive workplace that embraces diversity in Health. There also needs to be an understanding of the rights and responsibilities of both the department and employees when it comes to the Actions outlined in the Plan. There are mutual obligations in relation to workplace adjustment, flexible working arrangements, training and increasing the representation of staff with disability and carers of people with disability. A mutual understanding is essential to progress and to achieving success. To achieve this, the objectives in the Plan have been developed to align with the four key action areas in the As One: Making it Happen, APS Disability Employment Strategy 2016-2019 (the APS Strategy), (which also include a focus on Indigenous people with disability). These key actions areas are: Foster inclusive cultures in the workplace Expand the range of employment opportunities for people with disability Invest in developing the capability of employees with disability Increase the representation of employees with disability in senior roles and the Regional Office network There is a strong emphasis on the central role of leaders, as the objectives in the Plan can only be achieved with support from all levels of leaders in the Department. Our goals, and how we are going to achieve them We will build a modern, capable and flexible department by recruiting the right people for the right jobs, supporting and training employees and creating a workplace that is positive and challenging, diverse and inclusive. Governance The ongoing implementation, monitoring and evaluation of the Plan will be the responsibility of a Corporate Disability Forum, with oversight from the Disability Champions, and supported by a Secretariat in People Branch. It is expected that the Forum will meet initially on a bi-monthly basis. The Forum will agree its detailed Terms of Reference in conjunction with People Branch and the Champions. Forum membership will include relevant areas of the Chief Operating Officer Group, representatives of the Disability and Carers Network (Disability and Carers Network) committee, and representatives from each of the department’s business groups. Evaluation The Forum will be responsible for ensuring that action items in the Plan are progressing, and reporting on a sixmonthly basis to the Departmental Executive through the People, Values and Capability Committee (PVCC) on progress and areas of concern. A final evaluation will be presented at the conclusion of the Plan, with recommendations on areas for improvement in the following iteration. Page 5 of 22 St Vincent de Paul Winter Appeal The Staff with Disability Network Committee, in cooperation with People Branch and the other employee diversity networks, continued to run their annual drive to support the St Vincent de Paul Winter Appeal. The Committee was overwhelmed by the support shown by the department. The Secretary added to the donations to show his support. It was estimated that around $1,500 worth of groceries and in excess of 200kg of clothing and blankets were collected, which was a great result. The best of our Health community was on full display with a collaborative effort that resulted in a contribution that will make a real difference to the lives of many members of our local community. L to R – Jenean Spencer (Disability Champion), Sam Milgate, Samir El-Sabagh, Danni Moulds, Jessica Fortune, Luke Maynard (Chair), Peri Lloyd (Deputy Chair), Martin Bowles (Secretary), Amy Edwards Front – Danny Ryding (Co-Deputy Chair, Health Pride Network) Page 6 of 22 LEADERSHIP Increase the representation of employees with disability in senior and network roles. At the heart of change is leadership at all levels. Our leaders are stewards of our values – they communicate priorities and encourage and reward us to perform at our best. People with disability should be well represented both at senior management and all levels within the department. We will: Offer targeted development initiatives for high-performing middle managers with disability Provide senior mentors across the APS for high potential employees with disability. Action 1. 2. Implement experiential activities for managers which involve a positive interaction with people with disability. Promote mentoring opportunities between SES employees and employees with disability. Implementation Outcome How we will do Implement the Changing Mindsets programme (experiential this activities for SES employees which involve a positive interaction with people with disability). Who is Lead responsible People, Capability and Communication Division (PCCD) What will success look like How we will report on success How we will do this Supported by Senior Executive Staff (SES) Australian Public Service Commission (APSC) SES participate in changing mindsets activities. Who is responsible PCCD reports annually to People, Values and Capability Committee (PVCC) on APSC and Health run initiatives and SES involvement. The opportunity for SES and employees with disability to form mentoring relationships is embedded in the department’s mentoring program. Lead PCCD What will success look like Supported by Disability and Carers Network Increase in the number of SES employees who indicate that they are willing to mentor a member of a diversity group. How we will report on success The number of employees in the mentoring programme profile database who indicate that they would like to discuss workforce diversity awareness increases each year. PCCD reports annually to PVCC on the number of members of diversity groups and SES employees who indicate they are willing to engage in a mentor partnership. Page 7 of 22 INCLUSIVITY Foster inclusive cultures in the workplace. Health will foster a workplace that facilitates genuine inclusion of people with disability. Everyone has a role to play. Highlight the value of Disability and Carers Champions as visible advocates for employees with disability – and champions of change within agencies. Action 3. 4. Increase representation of employees with disability in the Rewards and Recognition policy. To understand the demographics of our employees and enable Health to create a more inclusive and flexible working environment, actively encourage employees to update their Equity and Diversity data in Health’s HR systems (SAP) including their disability status and care/ responsibilities. Implementation Outcome How we will do Inclusion in the Secretary’s Reward and Recognition Policy, this for the Inclusion Award to be awarded to individual or groups of employees who have: made a significant contribution to promoting an inclusive, diverse and harmonious workplace; and/or overcome barriers or assisted with removing barriers to an inclusive, diverse and harmonious workplace. Who is Lead responsible PCCD What will success look like How we will report on success How we will do this Who is responsible What will success look like Supported by Disability Champions Disability and Carers Network Committee Recognition of employees through award process. Not applicable. Champions encourage employees to update and record their disability status and carer/responsibility in the Equity and Diversity data in SAP ESS through a targeted communications strategy. SAP is updated to match data collected for the APS census on care/responsibility and the reasons explained why data is captured. Lead SAP Team PCCD and line managers Supported by Disability and Carers Network SAP ESS reports indicate in upward trends in completed Equity and Diversity Data. Champions include in messaging a reminder to update and record Equity and Diversity data in SAP at least twice a year. Employees are informed of the reasons why data is collected and who has access to the data. Health can collect data and report on employees with carer/responsibility. Page 8 of 22 Action Implementation How we will report on success How we will do this Outcome PCCD reports quarterly to PVCC on Disability and care/responsibility statistics. Promote, support and fund the activities of The Disability and Carers Network. Leadership training is offered to all members of the Disability and Carers Network Committee. Chair of DCN provided one day per fortnight to work on network business, regardless of role in health. 5. Promote a strong and effective Disability and Carers Network. Who is responsible What will success look like How we will report on success How we will do this Lead Disability and Carers Network Supported by PCCD Disability and Carers Network undertakes the implementation of the annual work plan and associated Network activities and events. Leadership training is available for all Disability and Carers Network Committee members. Disability and Carers Network Committee reports annually to PVCC through the Corporate Disability Forum. PCCD reports annually to PVCC on leadership training uptake of the Disability and Carers Network. Employees with disability have equal access to health and wellbeing services and resources. Internal events are accessible to employees with disability. 6. Increase retention of employees with disability and carers of people with disability. Who is responsible Employees with disability through the Disability and Carers Network Committee are consulted in relation to change management programmes. Lead Workplace Health and Safety (WH&S) and line managers Disability and Carers Network What will success look like Supported by PCCD National Staff Participation Forum (NSPF) Decrease in complaints reported to People Branch from employees with disability, citing discrimination. Disability and Carers Network Committee is consulted through the NSPF representative on change management programmes. Page 9 of 22 Action Implementation How we will report on success Outcome PCCD reports annually to PVCC on employee uptake of health and wellbeing services, complaints relating to accessibility at events and discrimination. How we will do this Disability and Carers Network Committee representative attends NSPF meeting and reports to other members of the Committee. Health surveys will be designed to provide ‘non-personalised’ results for employees with a disability that look at drivers for satisfaction, a sense of inclusion, prospects for career advancement and levels of discrimination, bullying and harassment. All survey results should consider employees with disability as a key audience group for reporting purposes. 7. Better understand our workforce to enable us to improve Health’s workplace policy and procedures. Who is responsible What will success look like How we will report on success Conduct research into reason behind survey results for employees with disability. Lead PCCD Supported by Data and Metrics, PCCD Decrease in employees with disability or carers of people with disability exiting Health due to issues raised in exit surveys. Employee survey results improve for employees with disability and/or carers of people with disability. PCCD reports annually to PVCC on employee satisfaction survey results. Page 10 of 22 International Day of People with Disability (IDPwD) Health celebrates International Day of People with Disability each year on 3 December. In 2015 guest speakers Sue Salthouse and Wayne Herbert educated, moved and entertained us on the theme Inclusion matters: access and empowerment for people of all abilities. Sue spoke about her personal experience of acquiring a spinal cord injury in 1995 and how that experience has shaped her advocacy for people with disability. Sue emphasised her particular concern about the intersecting discriminations of gender and disability, which combine to lower the living standards, health and wellbeing, and life expectancy of women with disability. Wayne spoke about his work with Australian Public Service agencies on improving conditions for people with disability and building a workforce that reflects our community in all its diversity. Wayne, who lives with cerebral palsy, also offered personal insight into the issues facing people with disability and the small, practical, achievable changes we can make that contribute to greatly improved conditions and experiences for people with disability. Front Row - Sue Salthouse, (Guest Speaker - 2015 ACT Citizen of the Year), Pauline Bazen (former Chair, Staff with Disability Network), Stephanie McKenzie (Committee member Staff with Disability Network), Annette Grace (Employee Relations), Tammy McLeod (Committee member Staff with Disability Network), Wayne Herbert (Guest Speaker - LEAD Employment). Back Row – Sam Milgate (Employee Relations), Luke Maynard (Deputy Chair, Staff with Disability Network), Peri Lloyd (National Staff Participation Forum Representative), Richard Lockett, David Hopgood (Employee Relations) Page 11 of 22 OPPORTUNITIES Expand the range of employment opportunities for people with disability. To improve representation, Health will review and expand the opportunities we offer to people with disability. Health will adopt a mix of contemporary recruitment approaches to increase the representation of people with disability in our workforce. We will: Expand pathways into APS employment, including through the use of internships Partner with disability employment service providers, universities and disability peak bodies to promote awareness of the range of jobs among job seekers with disability. Action 8. Health’s internet and intranet promote to potential and existing employees with disability and carers of people with disability, tangible employment opportunities, backed by appropriate policies and practices. Implementation Outcome How we will do Internally: this Information and links to Disability and Carers Network activities, internal policies and guidelines for recruiting, developing and supporting employees with disability, links to internal and external resources including AND, DES providers and EAP and events are readily accessible to potential and existing employees. Externally: All job application packs will include a brief summary of the Action Plan and Health’s intentions to expand the range of employment opportunities for all people with disability. Who is responsible Advertise Health jobs through disability specific forums and organisations. Lead Recruitment Supported by Online Publishing IT Service Desk What will success look like Supported by Hiring managers All employees on recruitment panels An increase in numbers of people identifying through the RecruitAbility1 scheme in the recruitment process. Data shows an increase in the traffic to Diversity Intranet pages. How we will report on success 1 Health’s external Internet presence is kept updated to reflect current policies and practices for potential employees. PCCD reports quarterly to PVCC on the number of applications from people identifying through the RecruitAbility scheme. *Under the RecruitAbility scheme, job applicants with disability who opt in to the scheme and meet the minimum requirements of the job (e.g. Security clearances, qualifications etc.) are advanced to a further stage in the selection process (usually an interview). Merit remains the basis for engagement and promotion and no person will be displaced from a shortlist to make way for a person with disability applying under the scheme. – (http://www.apsc.gov.au/publications-and-media/circulars-and-advices/2015/circular20151) Page 12 of 22 Action 9. Prospective employees have positive experiences with recruitment process in Health, through mainstream processes and/or targeted initiatives. Implementation Outcome How we will do All recruitment panels are provided with the Australian Public this Service Commission (APSC) guidelines for interviewing of people with disability to panels, where an applicant indicates through the application process that they have disability. Who is responsible Health actively seek opportunities for people with disability to join Health through partnerships with organisations specialising in placing people with disability in employment, using special measures (for example APSC Circular 2010/2). Lead PCCD What will success look like Supported by Hiring managers All employees on recruitment panels Panel members receive guidelines appropriate to specific circumstances. Percentage of people with disability engaged through initiatives increases. Suitable non-ongoing employees with disability whose disability prevents them from competing in merit-based selection processes are considered for ongoing employment using special measures. How we will report on success How we will do this Complaints regarding onboarding processes from employees with disability decrease. PCCD reports annually to PVCC on numbers of employees with disability recruited through specific initiatives, and on complaints received from employees on recruitment processes. The recruitment process is reviewed and is accessible for people with disability. Selection panels / hiring managers are trained on making adjustments to accommodate candidates with disability. 10. Health’s recruitment processes are accessible and aligned with best practice. Who is responsible What will success look like How we will report on success AND will review Health’s recruitment processes to ensure recruitment practices are aligned with best practice. Lead PCCD AND Supported by Hiring managers All employees on recruitment panels Health to achieve the status of ‘Disability Confident Recruiter’ through AND. PCCD reports annually to PVCC on progress towards Disability Confident Recruitment accreditation through AND. Page 13 of 22 INVESTING IN CAPABILITY Invest in developing the capability of employees with disability. Employees with disability should be equipped to progress their careers at the same rate as others in the workplace by having equal opportunity to demonstrate their suitability for promotion. We will: Implement workplace adjustment quickly, including job design and flexible working arrangements, to maximise productivity Provide support for managers and colleagues of people with disability. Action Implementation Outcome How we will do Procurement processes are in place to ensure ready access to this workplace adjustments. A list of available Adaptive Technology (AT) is accessible to all employees via the My Self-Service Portal. 11. Health has effective procurement processes and promotes new accessible technology to ensure appropriate workplace adjustments are available to employees with disability and those who acquire disability while at work. Who is responsible Procurement policy and procedures documentation are promoted within Health and aligned with workplace adjustment policy. Lead PCCD Supported by Property Services Information Technology Division (ITD) IT Operations Strategic Procurement Services What will Employees with disability report that they have a suitable success look like working environment. Workplace adjustments are implemented in a timely and helpful way. Available AT is published via the internal “My Self-Service Portal”. Procurement policy and procedures documentation is available and accessible to all employees. 12. Embed the workplace adjustment passports in Health to ensure that any adjustments that are required are documented so that if the line How we will report on success How we will do this ICT Support for AT users is clearly defined and available. In collaboration with ITD, PCCD reports annually to PVCC on the number of requests for AT and timeframes between request to installation. Workplace adjustment passports are created, centralised and utilised by employees who choose to use them. Who is responsible Privacy conditions relating to the workplace adjustment passport are clear and accessible to all employees. Lead Line managers Supported by WH&S, PCCD Page 14 of 22 Action manager or job role changes in the future, the information is readily available. Implementation Outcome What will Employees who choose to utilise the workplace adjustment success look like passports are able to move seamlessly between buildings and positions with similar inherent requirements, because managers are well-informed of their purpose. How we will report on success How we will do this Managers maintain confidentiality and privacy considerations relating to the workplace adjustment passport. PCCD reports the number of workplace adjustments annually to PVCC. PCCD reports annually to PVCC on any reported breaches of confidentiality relating to the workplace adjustment passport. Health continues to provide access to, fund and promote workplace adjustment. Health’s workplace adjustment policy and procedures are clear, current and easily accessible. Workplace adjustments are assessed and appropriately actioned during on-boarding processes and when employees acquire disability while at work. 13. Enable people with disability and carers of people with disability to work at their most productive through the support of workplace adjustment/s, including onboarding recruitment and selection processes, job design, work design, workplace restructures and flexible working arrangements. Recruitment gives expert advice on workplace adjustment to hiring managers during on-boarding processes. Who is responsible A framework is developed for mangers to identify whether employees returning to work after short or long term absence may need adjustments to enable them to perform effectively. Lead Line managers Supported by Hiring managers WH&S, and Recruitment, PCCD All Health Employees What will Relevant policies including disability car parking and success look like workplace adjustment guidelines are kept up to date and accessible from the Intranet. Workplace adjustment processes are clear and promoted to all employees. Workplace Adjustment requests are appropriately addressed during on-boarding, recruitment and selection processes. Employees returning to work have adjustments in place to enable them to perform effectively. Page 15 of 22 Action Implementation Outcome How we will PCCD reports annually to PVCC on the number of workplace report on adjustment requests. success Page 16 of 22 Disability and Carers Network Committee The Committee met for its 2016 annual planning day on 11 May, focussing on adopting its 2016 work plan, and setting a timetable for action. In addition to specific corporate objectives relating to disability, the work plan includes engagement through major events such as Carer’s week and the International Day of People with Disability, and efforts to support the St Vincent de Paul Winter Appeal. In conjunction with People Branch, the Committee developed the Workplace Adjustment Passport, a conversation tool for employees with disability to engage with their managers on workplace adjustment. This includes changes to the physical environment as well as access to flexible working arrangements. The committee fosters a strong relationship with the Disability and Carers Champions, to develop strategies to raise the number of employees sharing their information about their disability across the department, and a revised national network approach. Front Row - Peri Lloyd (Deputy Chair), Louise Merkel, Luke Maynard (Chair), Rachel Starr, Richard Lockett, Margot Chiverton (Regional Office Representative) Back Row – Cathy Milner, (Assistant Director, Employee Relations), David Hopgood (Diversity Officer Disability), Tarran Backhus, (Diversity Officer -LGBTI) Not pictured - Angelique Rosewood (NSPF Representative) Page 17 of 22 Training needs Offer training to improve disability awareness, and integrate disability awareness principles into existing management development and orientation programmes. Action Implementation Outcome How we will do Disability confidence and disability awareness training is this available for all employees and actively promoted by senior employees. Develop and maintain a toolkit for all employees and for managers of employees with disability and carers of people with disability to outline the rights and responsibilities of the department and the employee. Accesses to resources to support employees are readily available and promoted including those employees with existing disability and those who acquire disability while at work. 14. Increase the capability of managers and all HR practitioners to effectively support employees and enable them to identify and act appropriately. Who is responsible Targeted training to managers is developed and implemented. Lead Leadership, Learning and Development (L,L&D) Supported by All managers What will success look like AND All SES and EL2 employees attend training during the life of the Action Plan. Employee attendance at and/or completion of Disability Confidence and Disability Awareness training increases. The rights and responsibilities of both the department and employee are clear and promoted. 15. Mental Health First Aid training is available for How we will report on success How we will do this Suitable training programs and toolkits are identified and assessed as appropriate and promoted to managers. PCCD reports annually to PVCC on disability confidence and awareness training attendance/completion by managers and employees. Actively promote attendance at Mental Health First Aid training for senior managers and employees including the Disability and Carers Network Committee. Page 18 of 22 Action all employees and promoted by senior employees. Implementation Outcome Who is Lead responsible Line managers Supported by L,L&D, PCCD AND What will success look like How we will report on success How we will do this All employees All employees and managers have access to training and are encouraged to attend. PCCD reports annually to PVCC on training attendance. Needs analysis for targeted development programme/s for employees with disability is conducted. Targeted development training programme/s for employees with disability are developed and implemented. 16. Improve career development opportunities for employees with disability and carers of those with disability including access to accessible training courses, acting opportunities and promotions. Who is responsible Learning and Development courses are accessible and scheduled to allow attendance by those who work under flexible working arrangements. Lead Line managers Supported by Disability and Carers Network What will success look like L,L&D, PCCD Needs analysis for targeted development program/s for employees with disability implemented. Increase in employees with disability undertaking acting arrangements and being promoted in the department. How we will report on success Workplace adjustments are included in training courses provided to employees. PCCD reports annually to PVCC on program attendance by employees with disability and people working under flexible working arrangements. Page 19 of 22 APPENDIX A Definition of disability What is disability? The Commonwealth Disability Discrimination Act (1992) defines disability as: total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour; and include a disability that: presently exists; previously existed but no longer exists; may exist in the future; is imputed to a person (meaning it is thought or implied that the person has disability but does not). To avoid doubt, a disability that is otherwise covered by this definition includes behaviour that is a symptom or manifestation of the disability. Who are employees with disability? For data collection purposes, all APS agencies use the Australian Bureau of Statistics (ABS) Disability, Ageing and Carers: Summary of Findings 2003 definition: ‘a person has a disability if they report that they have a limitation, restriction or impairment which has lasted, or is likely to last, for at least six months and restricts everyday activities’. (http://www.apsc.gov.au/publications-and-media/current-publications/recruitability-agencies-guide/attachment-b) This includes: loss of sight (not corrected by glasses or contact lenses) loss of hearing where communication is restricted, or an aid to assist with, or substitute for, hearing is used incomplete use of feet or legs nervous or emotional condition causing restriction restriction in physical activities or in doing physical work speech difficulties shortness of breath or breathing difficulties causing restriction disfigurement or deformity mental illness or condition requiring help or supervision chronic or recurrent pain or discomfort causing restriction blackouts, fits, or loss of consciousness long-term effects of head injury, stroke or other brain damage causing restriction difficulty learning or understanding incomplete use of arms or fingers difficulty gripping or holding things receiving treatment or medication for any other long-term conditions or ailments and still restricted any other long-term conditions resulting in a restriction. Disability groups2 Disabilities can be broadly grouped depending on whether they relate to functioning of the mind or the senses, or to anatomy or physiology. Each disability group may refer to a single disability or be composed of a 2 Disability, Ageing and Carers, Australia: Summary of Findings, 2012, Australian Bureau of Statistics Page 20 of 22 number of broadly similar disabilities. The Survey of Disability, Ageing and Carers (SDAC) module relating to disability groups was designed to identify five separate groups based on the particular type of disability identified. These groups are: Sensory loss of sight (not corrected by glasses or contact lenses) loss of hearing where communication is restricted, or an aid used speech difficulties, including loss Intellectual difficulty learning or understanding things. Physical shortness of breath or breathing difficulties that restrict everyday activities blackouts, seizures or loss of consciousness chronic or recurrent pain or discomfort that restricts everyday activities incomplete use of arms or fingers difficulty gripping or holding things incomplete use of feet or legs restriction in physical activities or in doing physical work disfigurement or deformity. Psychological nervous or emotional condition that restricts everyday activities mental illness or condition requiring help or supervision. Head injury, stroke or brain damage head injury, stroke or other brain damage, with long-term effects that restrict everyday activities. Discrimination Health upholds the values defined in the APS Code of Conduct and the Public Service Act 1999. The APS provides a workplace that is free from discrimination and recognises and values the diversity of the community it serves. The Disability Discrimination Act 1992, Section 15(1) states: ‘It is unlawful for an employer or a person acting or purporting on behalf of an employer to discriminate against a person on the grounds of the other person’s disability’. The Disability Discrimination Act 1992 also identifies two types of discrimination in relation to people with disability: Direct discrimination is when someone with disability receives less favourable treatment than a person without disability in the same circumstances. Indirect discrimination is when a policy, practice or requirement is applied equally but has a discriminatory effect on people with disability. Page 21 of 22 Legal framework The Disability Discrimination Act 1992 (Cth), Public Service Act 1999 (Cth), Commonwealth Disability Strategy, and relevant state and territory legislation makes it unlawful to discriminate in the provision of employment, services or facilities against people on the basis they have, or may have, disability. Subsection 6 (2) of the Disability Discrimination Act 1992 (Cth) requires the removal of unreasonable requirements which disadvantage people with disability. Any adjustments or alterations which enable a person to do the job must be made unless this imposes ‘unjustifiable hardship’. The Fair Work Act 2009 (Cth) also outlaws any adverse action on a discriminatory ground, including disability. The definition of adverse action includes: • terminating an employee; • injuring an employee in his/her employment; • altering the position of the employee to the employee's prejudice; • discriminating between the employee and other staff of the employer; • refusing to employ a prospective employee, and • discriminating against the prospective employee in the terms or conditions on which the employer offers to employ them. The discrimination provisions do not apply if an employee, because of the limitations of their disability, is unable to comply with inherent requirements of the position. For example, if one of the inherent requirements of a position is to lift 10kg boxes (which are unable to be divided into smaller or lighter components), and there is no reasonable expectation or availability for hydraulic or mechanical lifting assistance type measures, and an employee or potential employee is physically unable to lift this weight, the discrimination provisions do not apply. Carer Recognition Act 2010 The Carer Recognition Act 2010 defines a carer as an individual who provides personal care, support and assistance to another individual who needs it because that other individual: a. has a disability b. has a medical condition (including a terminal or chronic illness) c. has a mental illness d. is frail and aged. It also states that an individual is not a carer in respect of care, support and assistance he or she provides: a. under a contract of service or a contract for the provision of services b. in the course of doing voluntary work for a charitable, welfare or community organisation c. as part of the requirements of a course of education or training. Furthermore, an individual is not a carer merely because he or she: a. is the spouse, de facto partner, parent, child or other relative of an individual, or is the guardian of an individual b. lives with an individual who requires care. Page 22 of 22
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