ࡱ> ` XIbjbj >@N%N%N%8%d%u&&4&&&&>'&' tuuuuuu$whyj%u,&&,,%u&&:u"222,&&t2,t22j=nr&~& 0_߲QN%1-o2t\u<u+pfz%.6fzdr"rfzr2',^(24))92'2'2'%u%u[2^2'2'2'u,,,,  Response to the Discussion Paper Striking the Balance by the Disability Council of NSW This is a submission by the Disability Council of NSW (Disability Council) to issues raised in the discussion paper Striking the Balance, produced by the Sex Discrimination Unit at the Human Rights and Equal Opportunity Commission (HREOC). The Disability Council of NSW The Disability Council of New South Wales, operating under the Community Welfare Act, 1987 is the official advisory body to the NSW Government on issues and policy that effect people with disability and their families in NSW. It is also the Disability Advisory Body to the Commonwealth Government for issues that affect people with disability and their families in NSW. Introduction The Disability Council commends this initiative by HREOCs Sex Discrimination Unit to open up discourse on the important issue of work-life balance for all Australians. Furthermore the Disability Council supports the overarching premise of the report, which is that the economy, the community, business, families and individuals will benefit if unnecessary constraints on choices are removed, enabling people to balance paid and unpaid work commitments. The Disability Council has prepared this submission to highlight what we see as the major issues for people with disability and their families, seeking work-life balance. Particular emphasis is given to the implications for women with disability, as their issues and concerns are generally not identified or addressed in gender equity measures, research or reports. Our current strategic plan identifies the need to promote the interests of women with disability. Before detailing specific issues and suggestions, the Disability Council seeks to highlight two major concerns about the discussion paper. First it notes that people with disability are only identified in the discussion paper in the role of recipients of care and income support. Explicit identification of people with disability as workers and carers is important, so as to not reinforce the perception that people with disability are only recipients of care and income support. It is a further concern that assumptions made throughout the paper predominantly reflect the position of middle class Anglo Australians. Some consideration of the difficulties faced by people with additional needs, like those from cultural and linguistically diverse communities, indigenous communities or those who have a disability, is necessary to promote a vision where all Australians can achieve a work-life balance. Finally, the Disability Council encourages a universal approach to the promotion of flexible work practices rather than limiting the concept of flexibility to family responsibilities. A business that focuses on addressing the individual needs of all employees and assists them to balance responsibilities will be a good workplace for all employees, whether they are parents, carers, and/or people with disability. Women with Disability Disability is now recognized to be a multidimensional concept involving complex and ongoing interactions between health conditions, environmental and personal dimensions (AIHW, 2003: WHO, 2001). Factors beyond an individuals physical or developmental limitations, such as attitudinal, economic or policy barriers are the primary and most significant difficulties people with disability experience and the main reason they cannot participate fully in society. Recognition that people with disability have additional needs, and acceptance of responsibility for improving outcomes for them, thus require the commitment of all sectors of society. Disability affects most Australians to differing degrees and is increasingly prevalent in the population at later life stages (AIHW, 2003). Many people will not identify their impairment as a disability, even though for some disability has a significant impact on their daily lives. In Australia in 2003, one in five people (20%) reported having a disability and 6.3% reported a profound or severe core-activity limitation (ABS, 2004). Sixty one percent of the 3.8 million people with a disability reported that they needed assistance to manage their health conditions or to cope with the activities of everyday life (ABS, 2004). People with disability do not participate in the workforce to the same extent that people without disability participate (HREOC, 2005; ABS, 2004). Additionally, more people with disability are unemployed than people without disability (HREOC, 2005; ABS, 2004). Women with Disability Australia (WWDA) report that the workforce participation rate for women with disability is below that of men with disability and the unemployment rate is higher for women with disability than men with disability (WWDA 2004; WWDA 2005). These findings suggest that the work-life balance equation will be much more complicated for women with disability. The arguments in the discussion paper that apply to women, clearly also apply to women with disability. However, it is important to acknowledge that the inequities and barriers that exist for women in the workplace are exacerbated for women with disability. This is because the circumstances of women with disability are further complicated when their disability-related needs are not recognized and/or not met. WWDA in their submission to the HREOC inquiry into employment and disability detail the following barriers to taking up paid work for women with disability: Lack of understanding of the complexity and nature of disability Negative social attitudes and discrimination (including employer and co-worker discrimination) More likely to live in poverty Lack of access to education and training Lack of self-confidence, assertiveness and self-esteem Poor job design and inflexible work arrangements Lack of attendant care Inadequate or expensive transport Lack of accessible and flexible childcare Impact of responsibility for domestic and parenting duties. More likely to experience abuse, violence and harassment Inaccessible and unresponsive employment services Restricted access to information and communication technologies Insecure housing and accommodation Lack of awareness about rights Cost of equipment and assistive devices Inaccessible built environment Cost of disability Lack of portability of state funded programs These systemic barriers necessarily impact on the capacity of women with disability to balance paid work and family responsibilities. Therefore the Disability Council recommends that the Commonwealth Government and HREOC call for greater commitment to addressing these barriers, otherwise the participation of women with disability in paid work will remain low. For women with disability the transition to work is fraught with difficulty. Powerful financial disincentives exist, which create additional but avoidable barriers for those seeking to move from welfare to work. As the income support system is currently structured, many women with disability find that they cannot afford the additional costs they would incur to undertake employment. Some women with disability find that they cannot meet their disability-related costs when they cease to eligible for the Disability Support Pension (DSP). This is because eligibility for some services is restricted to people who receive the pension or because of the need for associated entitlements, such as a Health Care Card, is tied to the pension. If women with disability were eligible for disability-related supports and services independent of the DSP then a major disincentive to employment would be removed. The recent research by the National Centre for Economic and Social Modelling is particularly troubling in its prediction of the impact of the welfare to work changes. The finding that people who move from welfare payments into jobs will be earning as little as $2.27 an hour demonstrates there will be a significantly increased risk of poverty, especially in sole parent households. The disability service system is frequently found to be inflexible and inadequate in meeting womens disability-related needs so that they can astutely perform and balance the roles of mother, carer and/or employee. Furthermore the lack of control women can exercise over support, personal assistance or transport arrangements, because of the inflexibility of the service system, restricts the commitments they can make to paid work. People who rely on family members to provide this support will be similarly constrained. To add inflexible, inaccessible childcare arrangements to this mix (assuming that affordable childcare were available), renders the feasibility for paid work for parents with disability even more remote. An inflexible and unreliable service system also impacts on the balance of paid work and family responsibilities because of the lack of portability of many disability-related programs and services between or within states and territories. This necessarily restricts the movement of families reliant on these supports. While a move may be required to meet paid or unpaid work commitments, it may be impossible without the guarantee of basic support services to meet disability-related needs in a new location. The barriers we discuss here, when combined with those created by the proposed welfare to work and Industrial Relations changes, paint a bleak and worsening picture for people with disability generally and women with disability in particular, seeking to balance paid work with other responsibilities. Issues for women with disability (and people with disability) need to be identified and addressed within a holistic discussion about: work and family; informal and formal supports and services; employment and barriers to employment; and welfare and industrial relations changes. A gender analysis of the employment inquiry currently being undertaken by the HREOC Disability Rights Unit would be one method used to develop this holistic understanding. Provision of unpaid personal support and assistance Issues for people providing unpaid personal support to people with disability are well canvassed in the discussion paper. Some of those providing such support will also have a disability. The Disability Council seeks to highlight failures of the service system, which often have a detrimental impact on families, requiring a parent (usually the mother) leave paid employment to provide unpaid personal assistance to others. The long term consequence for families under extreme financial and emotional stress as a result, can be: the decision to place (or leave) a child in disability accommodation; family breakdown; ill-health (including mental health issues); or care and protection issues. Additionally, the Disability Council notes that different culturally and linguistically diverse (CALD) communities in Australia have different expectations that impact on men and womens decisions in relation to personal support arrangements. In many CALD communities women are expected to undertake the role of care-giver for their immediate and extended family. A similar role for grandparents is also expected in many CALD communities. Such expectations impact on the willingness of some members of CALD communities to access services, and in turn influence the capacity of the family members of people with disability to participate in the paid workforce. Changes that would promote choice The Disability Council suggests that the following areas should be targeted for reducing or removing constraints on choice, thus enabling people to better balance paid and unpaid work commitments. Legislation Industrial relations and welfare to work reforms must not disadvantage people with disability who strive in pursuit of the goal of greater workforce participation. The Disability Council notes that the discussion paper analyses how the Sex Discrimination Act protects women but there is no analysis of its effectiveness in dealing with discrimination issues for women with disability. We would be interested to know how many women with disability have successfully used the Sex Discrimination Act. Also we would be interested to know how effective the Sex Discrimination Act and the Disability Discrimination Act, if or when used in conjunction, have been for women with disability. We understand that women with disability do not generally benefit from either the Sex Discrimination Act or the Disability Discrimination Act in relation to their specific issues. Legislation on flexibility, like that in the United Kingdom (UK), should be introduced and extended to include disability-related flexibility needs. The UK Flexible Working (Procedural Requirements) Regulations 2002 provide parents with children aged under 6 or children with disability aged under 18 with the right to request a flexible working pattern. Their employers have a duty to consider their applications seriously. Further information on the UK legislation is available at:  HYPERLINK "http://www.dti.gov.uk/er/fw_wlb.htm" http://www.dti.gov.uk/er/fw_wlb.htm. Social policy change It is essential that economic policies compliment social policies so that more people are engaged productively in the economy to achieve the objective of fuelling economic growth. High effective marginal tax rates, plus the fixed relationships between entitlements intended to meet disability-related costs and the DSP, act as disincentives to work. Greater assistance to women to support them in their roles as mothers, workers, and/or carers is needed. This includes adequate, accessible, available, affordable and flexible childcare. This also includes similarly structured disability-related services. Portability of disability-related services within and between states and territories. Eligibility for services (reduce the reliance on the DSP as a criteria for support to meet disability-related needs). Cultural change in the workplace Flexible arrangements in the workplace to meet individual needs. Employers must be encouraged to consider flexible arrangements to meet the needs of men and women, people with children still in their care, people caring for elderly relatives, people with disability-related needs etc. The Disability Council supports recommendation 19 from the HREOC Interim Report of the National Inquiry into Employment and Disability. The coordination of the development of guidelines for workplace flexibility for employees with disability and people with family responsibilities is considered to be a sound recommendation. Broader cultural change than a family-friendly focus is encouraged as this encourages employers to be open to flexible arrangements beyond a limited definition of family. Attitudinal change Community level and employer level attitudinal changes are required. It is important that developing flexible workplaces is seen as a rational approach, which benefits everyone, rather than making special cases involving obligation for doing an employee a favour or refusal of a reasonable request on the grounds of not wanting to set a precedent or open the floodgates. Conclusion The Disability Council supports the conclusion in the discussion paper, that the dual objectives of greater workforce participation and continuing and increasing levels of informal care will not be achieved without better gender balance of paid and unpaid work. In summary the Disability Council recommends that HREOC consider a wider range of factors that contribute to this imbalance than gender including but not limited to disability-related factors. References ABS (Australian Bureau of Statistics) 2004. Disability, Ageing and Carers: Summary of findings, Australia 2003. Cat.No. 4430.0. Canberra: ABS. AIHW (Australian Institute of Health and Welfare) 2003. Australias welfare 2003. Canberra: AIHW. Human Rights and Equal Opportunity Commission (HREOC) 2005. National Inquiry into Employment and Disability: Issues Paper 1: Employment and Disability The statistics. Sydney: HREOC. WHO (World Health Organisation) 2001. International classification of functioning, disability and health. Geneva: WHO. Women with Disabilities Australia (WWDA) 2004. Use of desegregated data tables from the ABS Disability, Ageing and Carers: Summary of findings, Australia 2003. Cat.No. 4430.0. Canberra: ABS. WWDA 2005. Submission to the HREOC National Inquiry into Employment and Disability. Rosny Park: WWDA.     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