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The Commission made a submission to the Department of Social Services’ (DSS) consultation on Next Steps in Supported Employment.

The submission calls for a human rights-based approach to employment for people with disability and for the Australian government to take expeditious and targeted actions to transition away from segregated employment settings to inclusive, open labour market opportunities.

Key position statements 

• Employment is a human right: People with disability must have equal opportunities to freely chosen work, equal pay, and inclusive workplaces.
• Segregated employment, sub-minimum wages and productivity-based assessments are inconsistent with human rights obligations.
• Systemic reform is essential: Legislative change, funding model redesign, service delivery transformation, and shifts in employer practices are required.

Human rights and supported employment: the right to work

Australia has one of the lowest employment rates for people with disability in the OECD. The Commission’s submission emphasises that ableism, not individual capacity, is the primary barrier to employment.

The right to work on an equal basis with others is a fundamental universal human right enshrined in international treaties, and inseparable from human dignity. As a party to the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Australia committed to upholding, realising and protecting these rights. This includes an obligation to promote the right to supported employment in an open labour market. Supported employment should not be viewed as separate to the requirement to provide reasonable accommodation (or adjustments) in the workplace. 

The CRPD Committee confirmed that segregated employment settings are incompatible with . Facilitating the transition away from segregated settings and sub-minimum wage policies are core obligations of Article 27. State Parties should adopt action plans with resources, timeframes and monitoring mechanisms to ensure the transition.

Recommendations

The Commission made 12 key recommendations, urging the Australian Government to take decisive, rights-based action to ensure people with disability can access open and inclusive employment by:

• Developing a National Inclusive Employment Roadmap, co-designed by people with disability, and grounded in the CRPD, with measurable targets to phase out segregated employment and promote inclusive workplaces.
• Legal reforms, including a modernisation of the Disability Discrimination Act, to strengthen protections and align supported employment reforms with broader disability service systems.
• Transforming supported employment services (such as Australian Disability Enterprises) into intermediaries that support inclusive employment.
• Increasing employer capacity and demand, through targeted measures and funding that support the development of inclusive workplaces.