© Independent Living Institute
Independent Living Institute,
Storforsplan 36, 10 tr
123 47 Farsta
Sweden
Tel. 08-506 22 179
info@independentliving.org
Government Implementation of
the Standard Rules
As Seen By Member Organizations of
World Federation of the Deaf - WFD
Australia
Download 'WFD Reports on the UN Standard Rules' as a PDF file (240 KB)
© Dimitris Michailakis 1997Australian Association of the Deaf, Australia
Compare with the following Country Report(s): the Australian Government, ILSMH
General policyThe officially recognized disability in Australia is expressed in law, in guidelines adopted by a National Disability Council, in policy adopted by political parties and in policy adopted by NGOs. According to the Government, disability policy in Australia is expressed in two laws, which underpin the disability policy. The Disability Services Act of 1986 provides a framework for developing support services, designed to increase individuals independence, and the Disability Discrimination Act, enacted in 1992, which recognizes that people with a disability are equals before the law and makes discrimination on the grounds of disability unlawful. The emphasis in this policy - in descending scale - is on: anti-discrimination law, accessibility measures, individual support, rehabilitation, prevention.
Since the adoption of the Standard Rules, the government has not done anything to initiate or support information campaigns, conveying the message of full participation. According to the Government, educational materials have been developed to raise the awareness of public servants to the needs of people with disabilities. A series of posters, pamphlets, information guides and a staff training kit, including video, have been produced and distributed. Marketing strategies for promoting the employment of disabled people in the open labour market have been undertaken with employment support agencies, funded by the federal Government. Funding has been provided to create Special Employment Placement Officer positions in a range of large corporations to enable them to identify jobs and arrange large-scale placement for people with a disability.
LegislationThe rights of persons with disabilities are protected by special legislation. The judicial mechanism adopted to protect the rights of persons with disabilities is due process (legal remedy through the courts) and recourse procedure by a special agency, dealing with anti-discrimination issues. The non-judicial body available for that purpose is a special arbitration/conciliation body.
The only benefit guaranteed by law to persons with disabilities is health and medical care. According to the Government, even the benefits of financial security (income maintenance) and participation in decisions affecting themselves are guaranteed by law.
No new legislation has been enacted, since the adoption of the Standard Rules.
AccessibilityThere are laws and regulations to ensure accessibility of the built environment which establish national design standards requiring that public places, the outdoor environment and means of public transport and housing are made accessible. Accessibility in the built environment is observed by a national authority and by local governments. The following measures have been promoted by the government in order to facilitate accessibility in the built environment: levelling off pavements, installing lifts, accessible toilets, ensuring access to public places, installing special lighting for visually impaired and providing specially adapted motor vehicles. Special transport arrangements include taxi voucher schemes, plus free transport on bus and train. Special transport is available for medical treatment, education, work and for recreational purpose. The most difficult obstacles, when planning to build accessible environments, are attitudinal factors, economic/budgetary factors, lack of planning and design capacity, lack of knowledge, research and information, lack of user participation, lack of co-operation from other organizations/institutions and lack of enforcement mechanism. There is no disability awareness component incorporated in the training of planners, architects and construction engineers. The Government states that a program is being developed, under the Commonwealth Disability Strategy, to ensure that planners, architects and construction engineers have access to adequate information on disability policy and measures to achieve accessibility.
Sign language for deaf people is recognized as the official language for deaf people. There are no government measures to encourage media and other forms of public information to make their services accessible for persons with disabilities. The Government states that all service providers, under the Disability Discrimination Act, are expected to provide non-discriminatory services to members of the public. The Commonwealth Disability Strategy provides specific obligations with which telecommunication carriers, major equipment manufacturers and broadcasting proprietors must comply, in relation to the provision of non-discriminatory services. Measures to make other forms of public information services accessible are addressed by the Commonwealth Disability Strategy. The following services are provided in order to facilitate information and communication between persons with disabilities and other persons: literature in Braille/tape, news magazines on tape/Braille and sign language interpretation, being available for major events only. According to the Government, even easy readers for persons with mental disabilities are provided.
Organizations of persons with disabilitiesThere is no national umbrella organization. According to the Government, there is a national umbrella organization (The National Caucus of Disability Consumer Organizations). There are no legal provisions mandating the representatives of persons with disabilities to participate in policy-making or to work with governmental institutions. Organizations of persons with disabilities are often consulted, when laws and regulations with a disability aspect are being prepared. Consultations occur at the national level. The government financially supports existing or new organizations of persons with disabilities. Persons with disabilities participate to a very limited extent in government, legislatures, judicial authorities and political parties, but to a great extent in NGOs. The role of disabled persons¥ organizations is to advocate rights and improved services, mobilize persons with disabilities, identify needs and priorities, participate in the planning, implementation and evaluation of services and measures, contribute to public awareness, provide services and promote/organize income generating activities.
Co-ordination of workThere is a national co-ordinating committee, reporting to the Department of Community Services and Health. According to the Government, there are three main co-ordinating bodies at the Federal level. The committee includes representatives of the Ministries of Finance, Justice, Health and Social Affairs and of organizations of persons with disabilities. The government expects the co-ordinating committee to participate in policy development. The establishment of the co-ordinating committee has led to improved co-ordination of measures/programmes, improved legislation, improved integration of responsibility and a better dialogue in the disability field.
The association is not sure whether the adoption of the Rules has led to a rethinking of the approach to disability policy. According to the Government, the adoption of the Standard Rules has reinforced the Australian Government's commitment to the rights of people with a disability to participate in all areas of public life.