ࡱ>  ` 0;bjbj ?g%  ***8T*@+d+2-".../N33'4|$ݕhE“M</"/M<M<“..ד>>><..>M<>> .+ `VY*=<0=x46>=849444>444<M<M<M<d#**  HREOC Inquiry into Employment with Disability Submission from National Ethnic Disability Alliance October 2005 Contents  TOC \o "1-2" \h \z \u  HYPERLINK \l "_Toc116645886" Introduction  PAGEREF _Toc116645886 \h 3  HYPERLINK \l "_Toc116645887" The role of NEDA  PAGEREF _Toc116645887 \h 3  HYPERLINK \l "_Toc116645888" A comment on terminology  PAGEREF _Toc116645888 \h 3  HYPERLINK \l "_Toc116645889" Input to the Inquiry  PAGEREF _Toc116645889 \h 4  HYPERLINK \l "_Toc116645890" Overview of NESB-Disability Issues  PAGEREF _Toc116645890 \h 4  HYPERLINK \l "_Toc116645891" The paucity of statistics  PAGEREF _Toc116645891 \h 4  HYPERLINK \l "_Toc116645892" Mono-cultural service provision  PAGEREF _Toc116645892 \h 6  HYPERLINK \l "_Toc116645893" Specific barriers  PAGEREF _Toc116645893 \h 7  HYPERLINK \l "_Toc116645894" The NEDA Consultations  PAGEREF _Toc116645894 \h 7  HYPERLINK \l "_Toc116645895" The participants  PAGEREF _Toc116645895 \h 7  HYPERLINK \l "_Toc116645896" The consistent message  PAGEREF _Toc116645896 \h 8  HYPERLINK \l "_Toc116645897" Structural impediments to employment opportunity  PAGEREF _Toc116645897 \h 8  HYPERLINK \l "_Toc116645898" Attitudinal Barriers  PAGEREF _Toc116645898 \h 11  HYPERLINK \l "_Toc116645899" Specific issues affecting those from NESB  PAGEREF _Toc116645899 \h 11  HYPERLINK \l "_Toc116645900" Conclusion and Recommendations  PAGEREF _Toc116645900 \h 13  Introduction The role of NEDA The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Family & Community Services to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers. NEDA actively promotes the equal participation of people from NESB with disability in all aspects of Australian society. It manages a range of projects relating to NESB and disability communities and works closely with its state and territory members to ensure that its policy advice reflects the lived experiences of people from NESB with disability. In states and territories where no NESB-disability advocacy agency exists, NEDA undertakes development work to establish a structure that can support people from NESB with disability, their families and carers The NEDA network consists of the following state and territory peaks: ACT Multicultural Council (ACTMC) Amparo Queensland Diversity and Disability VIC Ethnic Disability Advocacy Centre (EDAC) MALSSA Multicultural Disability Advocacy Association of NSW (MDAA) Multicultural Community Services of Central Australia Multicultural Council of Tasmania (MCOT) A comment on terminology For clarity sake the National Ethnic Disability Alliance has been referred to as NEDA, Disability Discrimination Act (1992) as the DDA, and the Human Rights and Equal Opportunity Commission as the Commission throughout this submission. WorkAbility People with Disability in the Open Workplace has been referred to throughout as the Interim Report. NEDA uses the term Non-English Speaking Background in preference to Culturally and Linguistically Diverse Background as those from an English speaking background are encompassed by the latter term and they are not part of NEDAs constituency. NEDA contends that coming from a linguistic and cultural background other than Anglo-Australian can be a great social barrier and a source of discrimination in Australia. The intention of using NESB is not to define people by what they are not but to highlight the inequity people experience due to linguistic and cultural differences. NEDA also uses the term people from NESB with disability rather than people with disability from NESB as we consider cultural background (not disability) an appropriate means of developing social identity. NEDA maintains that disability is a social construct and arises when a societys infrastructure is not developed to ensure all individuals, regardless of capacity or impairment, can fully participate in society. Thus though the DDA and other Australian legislation defines disability as arising from individual functional restrictions NEDA sees these definitions as too closely akin to individual impairments and would argue that remedies sought to ameliorate the effect of discrimination will not be found until this definition is challenged and the social basis of disability is acknowledged in legislation. Thus NEDA refers to people with disability rather than people with disabilities to underline that disability is not a characteristic of an individual but a consequence of a society designed (whether consciously or inadvertently) to exclude many of its citizens from equal participation. This definition of disability, commonly labelled the social model underpins the policy direction of most systemic advocates in Australia. The New Zealand Government has based its Disability Strategy on the social model of disability and NEDA contends that the Australian Government urgently needs to do likewise. Input to the Inquiry NEDA welcomes this important Inquiry undertaken by the Commission and notes the Interim report with interest. It is sincerely hoped that its final report will fully address the issues raised below. This submission seeks to identify some key issues facing people from NESB with disability who are seeking or attempting to maintain employment. Its argument derives from the response of participants in three consultations NEDA held in Perth, Melbourne and Sydney respectively; tying their expressed views to systemic and policy shortfalls. Its recommendations arise both from its general policy framework and the specific feedback from these consultations. Overview of NESB-Disability Issues The paucity of statistics People with disability are not a homogenous group. They are people of different ages, languages, races and cultures; different genders, experiences, lifestyles and choices. They have a diverse range of incomes, histories, and political and social commitments. They understand, describe and identify with disability in different ways. However, the principal focus of statistics collected on people with disability relates to their impairments and care or welfare needs. Hence the Australian Bureau of Statistics (ABS), Disability, Ageing and Carers: Summary of Findings remains a primary statistical tool. This assumption, linking disability and welfare support, is widespread. Its consequence is that equitable treatment of people with disability is to some extent countered by the misconception that they are less productive and of less value to the commonweal. Yet it has a further consequence. It allows the researcher to look at disability as if it were a defining characteristic of the individuals making up the researched group. NEDAs position, as stated above, is that a person can be described, perhaps defined, as part of a culture but disability is a social construction and not an individual characteristic. When the 2003 disability census was conducted there was only one question asked about the respondents country of birth. Important information such as their parents country of birth, or language spoken at home was not collected. The lack of quantitative research means that it is extremely difficult to establish the socioeconomic status of people from NESB with disability. There are currently no statistics available that specify the number of people from NESB with disability living in Australia. It has been argued on a regular basis that one of the reasons that people from NESB with disability are systemically excluded from mainstream and specialist services and research is that their number is too insignificant to warrant specific consideration. NEDA sees this as a convenient myth, unsupportable by fact. Despite the absence of data directly relating to the number of people from NESB with disability NEDA is able to utilise current data to provide a fairly accurate estimate of this population group. According to the 2001 Census 24.5% of the total population are people from NESB. This includes people who were born in a non-English speaking country or who have as least one parent who was born in a non-English speaking country. The 2001 Census also indicated that 15.2% Australians speak a language other than English at home. The 2003 Census indicated that almost 20% of Australians have disability. NEDA assumes that the proportion of people from NESB amongst the disability population is no different to the proportion amongst the general population. Based on this assumption we estimated that 24.5% of the disability population are people from NESB with disability. In other words, one in every four Australians with disability is a person of either first or second generation NESB. This clearly indicates that people from NESB comprise a significant proportion of the disability population. We are the second largest group after women with disability and larger than any diagnostic groups. Therefore, our needs and issues must be adequately reflected in this Inquiry if it is to provide a complete picture of people with disability and workforce participation. Correlating the percentages of people from NESB and people with disability, the total population of people from NESB with disability is 5% of Australians. Mono-cultural service provision As mentioned earlier, statistics are not collected at all about the employment status of people from NESB with disability. This means that we are unable to compare the labour force participation and unemployment rate of people from NESB with disability with their Anglo-Australian counterparts. However, comparisons are available amongst those who access Commonwealth funded employment services. The Australian Government Disability Services Census has been conducted on a regular basis since 1993. The Census results consistently indicate that people from NESB are vastly underrepresented among clients of disability employment services. The Australian Government Disability Services Census 2002 showed that less than 8% of employment service clients with disability are from NESB. According to NEDAs estimate 24.5% of people with disability are from NESB, and equity suggests the same proportion should be found amongst clients of employment services. This is clearly not the case. The same publication stated that 6% of employment service clients speak languages other than English at home though only 0.7% clients received interpreting service for spoken language other than English. This is significantly lower than the 2001 Census data that indicated that 15.2% of people speak a language other than English at home. People from NESB with disability are equally underrepresented in all other disability support services funded under the Commonwealth State/Territory Disability Agreement. According to Disability Support Services 2002 National data on services provided under the Commonwealth/State Disability Agreement published by Australian Institute of Health and Welfare only 3.6% of service consumers are from non-English speaking countries and 1.3% received interpreters for spoken language other than English. These figures clearly demonstrate the systemic disadvantage experiences by people from NESB with disability when trying to access services whether disability specific or mainstream. There is a need to develop statistics with a view to establishing the participation rate of people from NESB with disability in the society. It is hoped that the final report of the Inquiry will point out this appalling dearth of statistics collected in relation to people with disability as community participants. Further, it is hoped it will strongly accent the need to begin collecting data which crosses ethnic origins and disability. Without strong data future planning models are built on sand. The National Census could be a reliable and valuable data source to inform social modelling and micro simulation modelling (as carried out by the National Centre for Social and Economic Modelling, University of Canberra). Questions to capture this broader picture could be incorporated in ABS updates on the Statistics in Disability Ageing and Carers (noted above) or form part of a State of the Nation report accenting current living conditions, workforce participation and social participation of people with disability. Specific barriers It is the reality of people from NESB with disability in Australia to encounter on a daily basis the grossly entrenched disability and racial discrimination within the disability and mainstream communities and disability discrimination within their own cultural groups. This web of discrimination manifest in many ways including: the lack of accessible information informing them of their rights, entitlements, essential services and supports structures available; the lack of culturally competent service provision in mainstream and specialist services; the lack of interpreters and resources to meet they needs; the prevalence of myth, misconceptions and negative stereotypes about disability and ethnicity; the lack of effective legislative and policy direction and government intervention. The impacts on people from NESB with disability, their families and carers include: extreme isolation and marginalisation; financial vulnerability and fewer opportunities to reach their full potential through education and employment; reduced capacity to participate in social, economical, political and cultural life; dependency on families and cares; carer burn-out due to lack of appropriate support. The NEDA Consultations The participants NEDA conducted three consultations to elicit the views of people from NESB with disability in different states. They were held in Melbourne, Sydney and Perth arranged by NEDAs state based member organisations. In Melbourne a consultation was organised by Diversity and Disability, a self-advocacy project auspiced by the Migrant Resource Centre North West, and consisted of 10 participants, each being a person from NESB with disability coming from a different ethnic background. The Sydney consultation was held at the Multicultural Disability Advocacy Association and included both people from NESB with disability and family members. The Perth Consultation, arranged by the Ethnic Disability Advocacy Centre, principally consisted of people from NESB with disability and included two service providers and two people who identified themselves as carers. The consistent message The issues raised in each of the consultations were similar. They can be grouped into the following three categories and address three very different kinds of barriers to employment experienced by people from NESB with disability. Structural Barriers highlighting deficiencies in social infrastructure and/or policy; Attitudinal barriers noting stereotyping and negative attitudes towards people from NESB with disability; Language/Cultural Barriers relating to the specific difficulties of being from a background where the principal language is other than English or cultural mores differ to those of an Anglo-Australian heritage. Participants in the consultations were vehement in their criticism of current practice and, in many cases, resigned to ineptitude and a lack of concern across government. Comments on the Welfare to Work reforms were generally negative. One group felt it was a Punishment Model and that the emphasis on individual obligation to seek work was seen as unmatched by governments obligation to provide an accessible working/living environment. A very negative picture was presented of employer and co-worker attitudes as well as the attitudes and skills of Employment Service staff. It was noted that the percentage of government positions filled by people with disability decreased steadily over the last ten years. This practice, i.e. the reducing percentage of government positions held by people with disability, was seen as contradicting the Governments stated intent to increase job opportunities for people with disability. The introduction of a quota system with appropriate support structures was recommended to address this issue. Structural impediments to employment opportunity It was agreed in all three of the consultations that the society is not designed to make open employment as profitable to people with disability as it is to others. Indeed, it was believed that the failure to address systemic barriers and/or the added cost of disability was contra-indicative to Governments stated commitment to assist people with disability to find and retain employment. It was further noted that the direction of policy decisions further substantiates this claim. Many potential workplaces are inaccessible and the exemption of small buildings from the draft Access to premises Standard is seen as evidence that there are no plans to make them so. The groups identified other structural impediments to finding and maintaining work including: the lack of control over support services; restricted public transport options and inadequacies of the Employment Service System and policy initiatives. The inability of many people with disability to be able to guarantee an employer a starting time clearly has an adverse impact on securing and maintaining a job. Many people are unable to guarantee a start time due to circumstances beyond their control. The two most commonly identified were the lack of control of support services and the transport system. People with disability may be dependant on support persons to assist them from bed, assist in dressing or leaving an otherwise inaccessible house. This support is sometimes provided by family members and/or friends. However, when used, paid support staff can dictate the time a person gets out of bed, dresses or leaves the house. It was suggested that this could best be remedied by paying an allowance to the person with disability to broker their own support needs. It was noted that transport to and from work is very expensive when it must be done by taxi. Even with the Mobility Allowance and subsidised fares the cost of taxis as transport can equate with or be greater than money earned leaving people in the position that the pension or Newstart Allowance is financially more viable than paid employment. In such instances, where fares are equivalent (or near equivalent) to a wage, people are still being asked to seek work. This puts an unacceptable cost on the person seeking work and makes compliance impossible leading to inescapable breaches of activity requirements. The ability of people in this situation to socialise, which purportedly is one of the benefits of gainful employment, is highly curbed by the added cost. The accessible taxi was also noted as a highly unreliable transport option that made it difficult to guarantee a start time. In NSW the Wheelchair Accessible Taxi (WAT) Task Force has the responsibility to provide a report to the Minister of Transport by October 2005 on means to address the shortfalls of the WAT fleet. Until such a transport option is as reliable as the general purpose taxi people needing such cabs to get to work will remain victims of discrimination. It was noted in Perth that accessible buses do not run to a timetable and therefore no guarantee can be given by a prospective employee that work can be attended by the standard starting time. It is noteworthy that in Sydney, where timetables indicate which buses should be accessible, timetables do not match reality; buses being changed at depots regardless of whether they are noted as wheelchair accessible on timetables. It is not merely the lack of reliable public transport that reduces the ability to guarantee a start time. A delay can be caused because a lift is out at a railway platform and a person needing lift access may need to travel to a further accessible station and then return by taxi. The lack of a functioning transport system is a severe impediment to maintaining gainful employment. The poor design of current Workcapacity tools, used to determine work readiness, was seen as a structural impediment to finding meaningful and challenging work. It was argued in each of the consultations that current practice failed to give sufficient consideration to a persons potential or interests and directed people to mundane work who had the potential to be trained for more challenging and satisfying roles. It was also noted that staff of employment services were often unaware of technological innovations that could assist in maintaining work. Some reported avoiding ongoing contact with employment agencies following bad experiences. One person, highly critical of these services notes: Employment agencies are not very helpful they left it for us to find the jobs ourselves. They should be the ones to contact employers and convince them to give us a go. It was also noted that the very concept of a Workcapacity Test, determining a persons potential to work before finding them a job was a flawed process as it failed to account for how some people with disability learn (i.e. on the job). The Choose, Get, Keep model used internationally to find work for people with intellectual disability is contradicted by the process of assessment predating placement. It was thought that many people from NESB with disability cannot be adequately assessed re work readiness when their success in maintaining work is dependent on support structures in the workplace as much as personal capacity. A further comment was made on the lack of physical access to open employment services and Job Network premises. This was justified by service providers in that they had the option to visit clients in their homes. However, clients noted that the fact that the option to visit the service was not available to them suggested open employment services and the Job Network service providers demonstrated a lack of commitment to equitable treatment of people with disability. It was also noted that the lack of access to an employment service negated access to potential employees, further reducing employment options. One participant noted that the lack of access to buildings equated with non-compliance with the Disability Service Standards. It was pointed out that only open employment services (and not the Job Network) were required to comply with these standards. It was noted that this will create inequity when service providers are required to tender for clients and again emphasised that all employment services should be accessible in keeping with standards and demonstrate commitment to equitable access. The funding of such inaccessible service was seen as one more instance of proof that governments stated intention is not matched by practice. Attitudinal Barriers The groups all agreed that negative attitudes and stereotyping was common to employers, co-workers and some staff of employment services. People with disability of an episodic nature found very difficult to maintain jobs due to employers unwillingness to provide flexible work arrangements. It was generally agreed that employers underestimated the capacity of staff with disability, and that discrimination was often the result. One woman from Sydney noted: My daughter called to apply for job and told the employer she has a disability and they didnt accept her. They said they dont feel it is good for their business. This comment, suggesting an employee with a disability is a deficit to a business raises the question as to how the public generally views disability. While we are more likely to see people with disability in the community today than we would have 40 years ago it seems, if media representation of people with disability is taken as an indication, that they are still seen as a curiosity. In a recent television interview a person with disability travelled around Sydney, from Avillion Hotel to the Sydney ferries to explain to viewers what he looked for in a hotel room and how he found access to the ferries. His interview (like many others) demonstrated the medias assumption that most viewers were unaware of the needs of people with disability, a long way from accepting people with disability as ordinary people wishing to live ordinary lives. Specific issues affecting those from NESB Participants in the three consultations raised racial discrimination as a common occurrence in their everyday experience. Although it is often expressed in a very subtle manner by employment services staff and potential employers, the impact on the receiving end is equally distressing. It was acknowledged that negative attitude to disability were shared by able bodied members of many families from NESB. Lack of family support was a hurdle thought to be more common to people from NESB with disability. One participant noted her role was seen by the family as unpaid carer for younger family members while other adults went to work. That she was incapable of gaining paid employment was taken as given by members of her family. The fact that many cultures still maintaining extremely negative perceptions of disability as a shame upon the family, or retribution for past injustices, indicates that the Australian disability movement has failed to include people from NESB with disability and their associates. Educational material on disability rights are rarely translated into community languages. It was also acknowledged that many people from NESB with disability have poor self-confidence. Reasons for this ranged from arguments that poor body image results from stereotyping to the view that constant knock-backs and criticism adversely affect morale. While it may be possible to direct funds to improve morale participants in the NEDA consultations had a marked preference for first addressing structural barriers to employment and improving the attitudes of others. It was felt that to blame the lowered morale of job seekers for their inability to find work was to blame the victim and avoid the real problem. People from NESB face added difficulty in accessing labour market services and programs due to the fact that the cultural and linguistic diversity of service users is not acknowledged and reflected in the way services are provided. Essential information about services is rarely available in community languages. Assessments are only in English and many of these services are reluctant to use accredited interpreters even when requested. The added difficulty of functioning at interviews and on the job with English as a second language was also raised as a barrier specific to people from NESB with disability. One participant at the Sydney consultation noted he was asked to fill in lots of forms and sit tests without understanding what they were for. A further argument was put that employers often argue that people with disability are a greater safety risk and this perception was exacerbated when the person spoke little English. Training in English was also noted as a means to increase employment potential only of younger people. It was argued that partly due to the slowed ability to learn as we age people from NESB who only began to learn English when an adult were unlikely to improve their English to such an extent that they would ever be consider as work ready by employment services. It was argued that people from NESB with disability faced a dual basis for discriminatory practice: disability and ethnicity. Several suggestions were made to remedy the difficulties faced by people from NESB with disability. These being: information on how to find work, services and programs, be provided in languages other than English; standard practices across employment agencies be developed to use interpreters and translators efficiently; Job Network and open employment agencies to develop formal and informal links with local organisations representing NESB communities; The Commission and advocacy services to establish relationships with NESB communities as a means of promoting disability rights; Cultural Competency Training being funded and provided to all employment service agency staff; funding contracts to include equitable outcomes for people from NESB and monitored accordingly additional resources provided to address cultural linguistic barriers; people from NESB with disability could be noted as a priority group and a percentage of the funding pool for employment services could be especially quarantined to address clients from NESB with disabilities; Government jobs and those in service agencies could be required to reflect the percentage of population from NESB with disability. Participants noted that Cultural Competency Training should be provided to all agency staff, from managers to receptionists and should include: cross cultural communication skills (how to use interpreters/translators, plain English skills, non verbal communication); being aware of different values relating to disability across cultures; identification of personal values and the impact of these in a work setting; skills to identify the cultural values of their clients; development of empathy, respect and sensitivity to people from NESB; cross cultural negotiating skills; the responsibilities on staff to work effectively with clients from NESB with disability and access and equity issues. Conclusion and Recommendations People with disability, including those from NESB, are ordinary people wishing to live ordinary lives. Yet their experience is isolation as present structural and attitudinal barriers affect every aspect of their lives. No real progress is possible until government, indeed the whole community, accepts responsibility to ensure the social, attitudinal, architectural, medical, political and economic environment is sufficient to address the differences of all individuals. A Whole of Government Approach is required to address the issue of equity. An accessible environment will not be realised until it is accepted as the joint responsibility of all government departments and agencies at all levels of government. Recommendations made below are all underpinned by the logic of this approach as a means to ensure an equitable environment for all. The following recommendations are not provided in any order of priority. They have principally arisen from suggestions made during NEDAs consultations and reflect NEDAs view that the primary aim of government should not be to reduce welfare spending but to ensure equitable access to all aspects of Australian society. Government should ensure that all employment placement and training services, whether Job Network or Disability Open Employment Services, are required (and funded) to be fully accessible to people from NESB with disability and accountable under the Disability Services Act. To reduce the likelihood of people from NESB with disability meeting with discriminatory negative attitudes when seeking employment all staff of employment placement and training services (from managers to receptionists), whether Job Network or Disability Open Employment Services, should be provided training in cultural competency. The Australian Public Service should develop and monitor a quota system with appropriate support to increase the number of people from NESB with disability within government to reflect their numbers within the community. The funding model for employment services should be weighted so as to provide additional funds to address cultural and language barriers experienced by people from NESB with disability seeking employment. Adopting a Whole of Government Approach Government should work towards ensuring home care services, transport services, and access to the built environment are improved as each impacts on a person with disabilitys ability to find and maintain employment. Commonwealth legislation is passed to require all new buildings with the potential to house prospective employers, including houses and/or flats that potentially could incorporate a home office space, to be fully accessible. National statistics are developed that include the numbers of Australian residents who are people from NESB with disability, their current living arrangements, education and employment status; to form part of a State of the Nation Report that can be monitored annually. The Commonwealth Disability Strategy adopts a rights framework and social model of disability in recognition of the systemic barriers reducing employment options for people with disability and Government works to reduce these barriers, both structural and attitudinal. Government adopts a Disability Allowance that will allow people with disability to broker their own support services to ensure control of support service delivery rests with the person with disability and not the service provider. Government recognises and addresses the high cost burden on those who have no option but taxi services to access employment, exempt people to seek work when to do so will create a significant financial disincentive by significantly reducing disposable income. Government develop initiatives to address the nondiscretionary added costs to people with disability participating in the workforce including payment for support services and travel. Government encourages standard practices across employment agencies to use interpreters and translators efficiently and fund the provision increased use of free interpreter services though federal/state contractual arrangements. Government promotes the recruitment of bi-lingual and multi-lingual staff across employment services. Employment agencies give priority when recruiting to bi-lingual and multi-lingual staff and those with links with NESB communities. People with disability, including those from NESB, are approached to provide advice and feedback on service delivery in employment services and services are encouraged to promote people from NESB with disability to their boards of management. Government should monitor employment agencies to ensure that: agencies client base reflects the ethnicity of their catchment area; needs based planning takes into account the number and employment status of first generation people from NESB in agencies catchment areas; agencies market to ethnic communities in their catchment areas; the percentage of successful outcomes for people from NESB with disability be monitored; a consistent definition is used across agencies for people from NESB (that includes both people born in a country using a language other than English and their offspring); services provide intensive support to first generation clients from NESB who have little or no English; Annual Reports provide a profile of the number of successful outcomes for people from NESB with disability as a percentage of the number and types of ethnic communities in catchment areas.  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