Bridging the Access Gap for People with Disability

March 25th, 2009

House of Representatives Inquires into Access to Premises Standards

NSW Disability Discrimination Legal Centre (NSW DDLC) will be giving evidence at the public hearing of the Federal House of Representatives Inquiry into the Draft Disability (Access to Premises ñ Buildings) Standards tomorrow morning.

The Draft Standards proscribe accessibility requirements for certain classes of new or significantly renovated buildings.

According to NSW DDLC Principal Solicitor, Joanna Shulman,
ìGaining access to buildings is essential to enable people with disability to participate in all aspects of life, including participating in work, attending medical appointments and enjoying recreational activities.î
Australia ratified the United Nations Convention on the Rights of Persons with Disabilities in July 2008. Article 9 of the Convention requires Australia to ëenable persons with disabilities to live independently and participate fully in all aspects of life, [including] to the physical environment.í It is important that the Standards are passed to ensure Australia meets our obligations under the Convention.

The Standards have been in development since 2000 and consequently, there have been many new and significantly renovated buildings constructed without adequate access for people with disability.
It is pivotal that the Standards are adopted by Parliament at the earliest opportunity.

In the public hearing, NSW DDLC will be calling for some amendments to be made to the enforcement and monitoring provisions of the standards.
NSW DDLC will also call for Class Two buildings (unit blocks) to be covered by the Standards as currently many buildings are not accessible and accordingly are out of bounds for people with disability. For example, NSW DDLCís policy officer, Fiona Given is a thirty-one year old living independently with severe cerebal palsy.

In her words:

Most of my friends live in apartment buildings that are not wheelchair accessible. I’m finding that in my thirties, my friends tend to socialise by having house and dinner parties. I feel excluded not being able to experience these important social events.

For Media Comment Contact:
Joanna Shulman, Principal Solicitor, NSW Disability Discrimination Legal Centre (02) 9310 7722

For More Information and a copy of NSW DDLC’s Submission :
See Inquiry Home Page.

FAQs factsheets now online

March 1st, 2009

DDLC’s website now features 5 frequently asked questions factsheets, both in PDF and word versions.

The factsheet titles are:

Thanks goes to Mallesons Stephen Jaques for their assistance in the developing the factsheets.

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

Recent casework

March 1st, 2009

Discrimination in the Provision of Goods and Services – Auslan Interpreter

Our client, who has a hearing impairment, wished to undertake a course at a local registered training organisation, which offered fully funded courses by a government department. In order for our client to attend the course though he needed an Auslan interpreter and this would cost an additional $5000. Our client made a complaint to the Australian Human Rights Commission against the government department that administered the course as he felt it was unfair that the department would not give him extra funding to pay for an interpreter.

At conciliation the parties agreed to settle on the basis that the government department would provide extra funding for an Auslan interpreter and the registered training organisation would assist our client by providing a flexible learning environment that would enable him to complete some of the course by reading materials – rather than by class work. The department also agreed to meet with a leading disability advocacy organisation to discuss ways in which their initiatives can be made available to hearing impaired people on an equal basis.

Discrimination in the workplace

DDLC acted for an indigenous client who worked for a local government organisation. Our client was constantly subjected to comments about his race and about his work related injuries, which proved too difficult to deal with and in the end he resigned.

We appeared in a conciliation, the result of which saw the organisation put in place Indigenous Traineeships and also discrimination training.

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

2009 Staff Planning Day

March 1st, 2009

On 21 January, DDLC staff took time out to get together and plan on how to improve service delivery for our clients.

At the end of the day, we came up with a list of ‘mini-projects’ that we are all responsible for which contributes to an overall improved service delivery.

Thanks goes to Mallesons Stephen Jaques for giving us a room and providing us with sustenance on this most successful day.

Of course, as a reader and/or client, your feedback is most welcome as it may be something that we haven’t thought of!

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

Companion Card

March 1st, 2009

The Companion Card was recently introduced in NSW with the aim to reduce discrimination against people with significant and lifelong disabilities who require a companion to travel with them on public transport or participate in recreational activities. The card grants free admission or fare for the person’s companion in participating businesses.

For more information or to apply for the card, call 1800 893 044 or www.nds.org.au/nsw/companioncard.htm.

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

National Human Rights

March 1st, 2009

Australia is the only liberal democracy without national human rights protection.

The Australian Government is conducting a National Consultation on Human Rights and they want you to share your views on human rights.

For more information, go to www.humanrightsconsultation.gov.au.
Submissions will be received up to 15 June 2009.

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

Recent parlimentary submissions

March 1st, 2009

DDLC has made submissions to a number of Parliamentary inquiries over the past three months.

These submissions include:

National Disability Strategy

Our submission focused on ensuring that the National Disability Strategy reflects the United Nations Convention on the Rights of Persons with Disabilities.

Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008

DDLC commented on various sections of the Bill that we thought were problematic including the definition of reasonable adjustment, direct and indirect discrimination, discrimination in relation to carers, assistants, assistance animals and disability aids and special measures. In addition, we made recommendations on the broadening of the Australian Human Rights Commission’s powers and on issues concerning standing.

DDLC gave evidence at the hearing and was quoted extensively throughout the Senate Committee’s report.

Senate Inquiry into the investment of Commonwealth and State funds in public passenger transport infrastructure and services

The overarching message in our submission was that the needs of people with disability should be an integral consideration in all aspects of investment of Commonwealth and State funds in public passenger transport infrastructure and services.

Draft Disability (Access to Premises – Buildings) Standards

DDLC has worked extensively on drafting a submission on the Draft Disability (Access to Premises – Buildings) Standards as well as participating in a working group of disability advocacy organisations considering the impact of the Standards. The main distinguishing point in our submission is that we emphasised the need for the Standards to be monitored. We would like to acknowledge the assistance we received from Blake Dawson in drafting this submission.

Originally published in the March 2009 edition of the DDLC “Digest” newsletter

Access restricted

January 15th, 2009

Flying can be an ordeal for people with disabilities,
writes Danielle Teutsch.

Plane travel can be frustrating for anyone, with the inevitable delays and cramped conditions. For anyone with a disability, you can double that frustration and times it by 10. The full extent of disabled passengers’ frustration with airline services was revealed in a report last month released by the Public Interest Advocacy Centre and NSW Disability Discrimination Legal Centre.

Of 110 disabled people and carers surveyed about domestic air travel, only 14 found their experience positive. One man had his wheelchair badly damaged by baggage handlers, another wheelchair-bound passenger was forced to pay for a carer and then questioned extensively by staff about toilet needs - even though it was only a one-hour flight. Another passenger was refused boarding because his wheelchair was too large. No wonder that one woman, whose husband is a quadriplegic, simply described flying as an “ordeal”.

Many of the complaints stemmed from lack of staff, or inadequately trained staff, as well as restrictive policies about mobility aids such as wheelchairs. Although there are national disability standards to make public transport accessible, the report found transport inadequately regulated and called for a code of practice specifically for airlines, developed in consultation with disabled people. The report - appropriately called Flight Closed - has been submitted to the Federal Government as part of its review of national standards.

Jo Shulman, principal solicitor at the NSW Disability Discrimination Legal Centre, said the report came about because of the number of complaints the centre had received of discriminatory treatment in relation to airline travel. A finding of the report was that air travel had got harder for disabled people over the past five years - and the main reason for that was cost cutting and the introduction of budget airlines, Shulman said.

Also, Australia has no independent watchdog monitoring airline compliance with national standards for accessible travel, unlike North America and Europe. Virgin Blue’s independent travel criteria have been the subject of much criticism. The policy is that anyone who is unable to reach the oxygen mask, put on a life jacket, fasten a seatbelt and understand instructions must travel with a carer. “It’s caused a great deal of upset and is being applied inconsistently,” Shulman said.

The policy is currently the subject of a federal court challenge by three complainants.

Regional Express airlines is planning to introduce a similar policy to that of Virgin Blue, and has applied to the Human Rights and Equal Opportunity Commission for a temporary exemption from the Disability Discrimination Act that would allow it to do so.

Simon Darcy is associate professor in the school of leisure, sport and tourism at the University of Technology, Sydney, and a power wheelchair user. Despite having travelled extensively - most recently to the US with United Airlines last year, he would not be able to travel independently under Virgin Blue’s criteria. He said Qantas domestic has made more of an effort to be inclusive, and has taken more time in consulting people with a disability.

Darcy said much of the difficulty in plane travel comes at the time of transferring from the passenger’s wheelchair to the airline’s aisle chair, which tends to be narrow and allows little independent mobility. (Darcy says people liken it to the chair that Hannibal Lecter was strapped into in the film The Silence Of The Lambs.)

Another problem is being “manhandled” by untrained porters, or
even worse, having to wait in the plane because there are insufficient porters to meet demand.

“I once waited on a plane for an hour before I was transferred, which caused me to miss my connections,” he says. “Sometimes, you’re just seen as a piece of luggage.”

Darcy said disabled passengers just want to be as independent as possible, maintain their dignity and be treated equitably.

The trend towards budget airlines, cost-cutting and declining customer service is set to continue. But he points out that it is a false economy, as airlines are missing out on the growing market in accessible tourism.

The Bureau of Statistics says 20per cent of Australians have a disability of some kind, which is similar to our major overseas tourism markets. It quotes recent market estimates that tourists with disabilities already account for $3.4 billion of the domestic tourism market.

Barbara Worley is a special-needs consultant to Adelaide-based travel company Travelaffare. Whereas most of her disabled clients were once content to go to Disneyland or the UK, she is now getting requests for wheelchair-accessible villas in Tuscany, or tours of Egypt.

“It’s interesting to see how people are getting far more adventurous,” she says. She recommends the airlines Cathay Pacific, Qantas and British Airways to her clients - as well as airlines such as Malaysian, which is catching up, having recently installed wheelchair accessible toilets on its aircraft.

Worley has travelled the world, since an accident 40 years ago left her a paraplegic. Even though she is aware airlines have recently tightened up rules for disabled passengers, she says facilities have no doubt improved from those early days when there were no accessible toilets and she had to be carried on and off the plane. “Things are better, but there’s still a long way to go.”

RESOURCES

Source: The Sun-Herald

Aboriginal Legal Access Program (ALAP)

November 1st, 2008

DDLC secured funding from the ALAP managed by the Combined Community Legal Centres Group (CCLCG). CCLCG awarded just over $6000 for DDLC to undertake a Scoping Visit to the Northern Rivers region in NSW. The visit took place 26 – 31 May visiting towns of Lismore, Casino, Mulli Mulli, and Tabulam, to name a few. Principal Solicitor Jo Shulman was accompanied by Damian Griffis and Uncle Lester Bostock from the Aboriginal Disability Network (ADN).

CCLCG has offered another round of funding to continue this project in 2008-2009 which is very timely as DDLC is keen to meet the objective of increasing access for Indigenous people with disability.

Originally published in the November 2008 edition of the DDLC “Digest” newsletter

DDLC’s new strategic plan for 2008-2011

November 1st, 2008

After a couple months of examining our strengths and weaknesses in the last few years, the Management Committee has endorsed a new strategic plan for 2008-2011, which is a blend of some existing objectives and complemented by some new objectives.

Briefly, DDLC will be focusing, but not limited to, on the following areas:

  • Implementation of the Convention of Rights of Persons with Disabilities (CRPD)
  • Ensuring the equality of education for students with disability
  • Increasing access to DDLC by Indigenous Persons with Disability

The advice hotlines and policy work still form an essential part of DDLC. Advice lines are Tuesdays, Wednesdays and Fridays, 9.30am to 12.30pm.

A public version of the Strategic Plan is available by downloading it from www.ddlcnsw.org.au or emailing pdavies@ddlcnsw.org.au for a copy.

Originally published in the November 2008 edition of the DDLC “Digest” newsletter