Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group...

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Access and Inclusion (Disability) Employment Action Plan 2019-2023 - Education Accessibility Advisory Group “Don’t assume what I can and can’t do, I’ll let you know”

Transcript of Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group...

Page 1: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

Access and Inclusion (Disability) Employment Action Plan2019-2023

- Education Accessibility Advisory Group

“Don’t assume what I can and can’t do, I’ll let you know”

Page 2: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

The Education Directorate acknowledges the Ngunnawal Peoples as the Traditional Custodians of the ACT and region upon which we live and work.

We pay respect to the United Ngunnawal Elders Council and to the Elders both past and present of the Ngunnawal Nation for they hold the hopes and dreams for the future of the ACT and surrounding region. We also acknowledge and pay respect to the Wreck Bay peoples as custodians of the land on which Jervis Bay School is located.

We value the diverse contributions that our Aboriginal and Torres Strait Islander colleagues make to our Directorate.

Accessibility Statement The ACT Government is committed to making its information, services, events and venues as accessible as possible. If you have difficulty reading a standard printed document and would like to receive this publication in another format, such as large print or audio, please telephone 13 3427.

If English is not your first language and you require a translating and interpreting service, please telephone Access Canberra on 13 2281.

If you are deaf, or have a hearing or speech impairment, and need the telephone typewriter (TTY) service, please phone 13 3677 and ask for 13 3427. For speak and listen users, please phone 1300 555 727 and ask for 13 3427. For more information on these services visit contact us through the National Relay Service: www.relayservice.gov.au

Director-General Message 1

Accessibility Advisory Group Message 2

Introduction 3

Inclusive Workplaces 5

Recruitment 8

Retention 12

Build Capability through Providing Opportunities 14

Leadership 16

Collaboration 17

Recognise and Celebrate 18

Implementation, Monitoring and Reporting 19

Glossary 19

Appendices 23ACT Government (2017) People with Disability Employment Framework

ACT Government (2017) Recruiting People with Disability

ACT Government (2015) ACT Public Sector – Reasonable Adjustment Policy

Australian Network on Disability (2016) Sharing and Monitoring Disability Information in Your Workforce

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Director-General Message

Let me tell you about Camryn, who is in Year 9 at Black Mountain School. Her ambition is to use her customer service and engagement skills to gain full time employment as a movie theatre attendant. Camryn has a passion for working with people and enjoys learning about all aspects of the film industry. I have heard that Shrek is her favourite movie. Following your passion is something I admire in young people. Supporting students like Camryn to follow their aspirations in making the connect between education and employment pathways, through real opportunities and experiences, is something I support for all young people with disability.

As an education system, we have an obligation to all young people as they aspire to seek employment. We should be the first opportunity and employer for students with disability who have grown and matured in our schools. We must lead the way and show courage to forge a pathway for the young people we are educating.

As Director-General, it is with commitment and enthusiasm, that I embrace the Access and Inclusion Employment Action Plan (2019-2023) initiatives.

This Action Plan was developed through a co-design process, led by staff with disability and disability champions from across the Directorate. Through this, and the establishment of the Accessibility Advisory Group in 2017, voices of staff with disability working in ACT Public Schools and the Education Support Office were formally heard for the first time.

Through this Action Plan ACT Public Schools and the Education Support Office will be asked to actively support and engage with the initiatives, from professional learning to increase our collective capability to support staff with disability, to becoming an employer of choice for People with Disability through innovation and employment opportunities. The Education Directorate, through these processes, will continue to support the ACT Public Service inclusion employment initiatives for People with Disability, including traineeships and inclusion through the ACT Public Service Graduate Program.

Through the initiatives expressed within this Action Plan, we will ensure students like Camryn have clear and supported employment pathways and opportunities to reach their goals. By embracing diversity and creating a diverse and inclusive workforce, we will continue to learn and grow, and show all our people that they matter. This Action Plan will contribute positively to the life experience of People with Disability, as well as become a stronger organisation reflective of our community.

Natalie Howson Director-General

Education Directorate Accessibility Advisory Group Message

The Education Directorate Accessibility Advisory Group first met in early 2017, initially to support the development of the EDU Access and Inclusion Employment Action Plan 2019-2023, but also as a way of connecting people from schools and the Education Support Office with a diverse range of disabilities. This message is crafted from a conversation held with the Accessibility Advisory Group in April 2018 and is their vision for the future.

Our Directorate works tirelessly to support all young people reach their aspirations, our dream is to create a workplace that reflects the same beliefs and approaches. Exploring and practicing inclusion in our workplace will deepen our understanding of being human and value our individual and collective experiences. The diversity of our experiences of disability and our ways of thinking, will support the Directorate to interact and develop policies and practices that will deepen our approaches to meeting individual needs. As an organisation we will collectively and individually have conversations about inclusion based on compassion and empathy.

This Action Plan will evolve as we gain experience and insights. It is about finding passion in the workplace, a workplace that reflects our community, where everyone belongs and is valued for their contribution. Our collective interactions and actions through this Action Plan will build our maturity as an organisation. The initiatives in this Action Plan articulate a holistic way forward: from creating a disability-confident organisation; to recruitment; retention and leadership that builds organisational capability, reflecting the uniqueness of all people.

Our key to success as a Directorate will be our diversity and workplace practices based on equity principles. As our workplace culture becomes more flexible and reasonable adjustments are embedded as part of the suite of positive investments in people development, we will truly reflect the ACTPS shared capability goals of achieving results with integrity and innovation.

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INTRODUCTIONThe attraction and retention of People with Disability has been a priority for many years across the ACT Public Service. The Respect, Equity and Diversity Framework and subsequent review in 2015 acknowledged that more needs to be done to attract, retain and support People with Disability in the ACTPS. This will ensure that the ACTPS workforce is reflective of the diversity that exists within the ACT community.

The Australian Network on Disability, to which the ACT Public Service is a member describes People with Disability as part of all communities, ages and identities; children, adults, employers and employees, students and teachers, all cultural and ethnic diversities, genders and sexual orientations.

No two people with the same disability experience their disability in the same way. The only thing that distinguishes a person with disability is they may require some form of adjustment to enable them to do certain things in the same way as people without disability.

According to the Australian Network on Disability, a disability is any condition that restricts a person’s mental, sensory or mobility functions. It may be caused by accident, trauma, genetics or disease. A disability may be temporary or permanent, total or partial, lifelong or acquired, visible or invisible. In Australia one in five people have some form of disability; 18.6 percent of women and 18 percent of men have disability. One million Australians of working age (15 – 64 years) have disability. People aged between 15 and 64 years with disability have both lower participation (53%) and higher unemployment rates (9.4%) than people without disability (83% and 4.9% respectively).

The ACT Public Service released a contemporary employment framework for People with Disability in 2017. The People with Disability Employment Framework replaces the previous ACTPS Employment Strategy for People with Disability 2011-2015. The ACT Public Service recognises a disability as any condition that has lasted or is likely to last six months or more and impacts on daily activities, communication and/or mobility.

By 30 June 2019, the ACT Public Service is committed to employing at least 655 People with Disability. The Education Directorate is committed to supporting this employee growth target through this Action Plan.

“ Work is essential to an individual’s economic security and is important to achieving social inclusion.  Employment contributes to physical and mental health, personal wellbeing and a sense of identity.  Income from employment increases financial independence and raises living standards.”

- National Disability Strategy (2011)

Camryn has strengths as a

people connector. Her aspirations are

to work full time at a movie theatre as an attendant. Camryn

enjoys everything about films and

has watched the movie Shrek more

times than she can remember.

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Initiatives Responsibility Action Measurable Target Ways of Knowing*

1.1 Create and support a Directorate Accessibility (Disability) Staff Network.

Strategic Policy Promote the Directorate Accessibility Staff Network through All Staff Alerts and relevant forums annually.

The Accessibility Staff Network meets at least four times per year.

The Accessibility Staff Network is provided opportunities to provide input into the development and implementation of the Directorate’s Access and Inclusion (Disability) Employment Action Plan.

Our voices are heard.

1.2 Collect and use data to guide strategic decision making related to employees with disability.

People and Performance

Annual “Update your Diversity Status” project.

Request and collect data on a quarterly basis:

> Number of staff with disability

> Areas of employment within the Directorate

> Classifications of staff

> Professional goals

Annual data collection and analysis to identify current and future focus areas for employment and training.

The Directorate would have dynamic and differentiated support structures – one size does not fit all.

1.3 Promote the ACTPS Reasonable Adjustment Policy.

People and Performance

Strategic Policy

The ACTPS Reasonable Adjustment Policy is promoted to all managers and supervisors.

A Reasonable Adjustment quick reference factsheet is developed and promoted to all staff across the Directorate.

All branches and schools (managers and principals) have access to the ACTPS Reasonable Access Policy and quick reference links on INDEX.

We wouldn’t be judged based on our disability. I’d be asked, “What adjustments would help you undertake your role?”

All staff would know that it is a right to have reasonable adjustment within a role – we would not be judged.

1.4 Promote the Respect, Equity and Diversity (RED) Framework through Respect Equity Diversity Contact Officers (REDCOs).

Strategic Policy REDCOs are provided with training to support workplace inclusion and awareness.

All REDCOs undertake unconscious bias and change agent training as part of their role in creating and supporting inclusive and safe workplaces.

Our workplaces would be welcoming for everyone – people would take the time to get to know us.

The Education Directorate Valued, Connected, Confident; Access and Inclusion (Disability) Employment Action Plan 2019-2023 (Action Plan) is a four-year plan that will support the ACT Public Service People with Disability Employment Framework and is built upon the seven framework foundations of:

> Inclusive Workplaces

> Recruitment

> Retention

> Build Capability

> Leadership

> Collaboration

> Recognise and Celebrate.

The Education Directorate, acknowledges the diversity, expertise and insights that People with Disability provide as parents, community members, students and employees influencing and challenging the Directorate to improve workplaces cultures, ways of being together and outcomes for families, students and employees. The Directorate, through this Action Plan and the advice and leadership of the Education Directorate Accessibility Advisory Group recognises and promotes actions that will ensure the ACT Public Service goal of becoming a disability-confident organisation, providing flexible and innovative career pathways and opportunities for People with Disability.

INCLUSIVE WORKPLACESThe Directorate is a dynamic and inclusive workplace where employee diversity is celebrated and People with Disability are valued employees. The principle of reasonable adjustment, including processes, practices and physical environments, are supported so that there is equity and equality of opportunity for employees with disability.

Voices of employees with disability and other staff across the Directorate:What we would seeWorkplaces where diversity is celebrated and welcoming for People with Disability.

Workplaces where employees with disability have the choice to disclose their disability and feel safe to discuss reasonable adjustment as required.

Being included in conversations with managers and with peers as employees with strengths and knowledge to contribute.

Processes, workplace environments and practices that are adjusted to be inclusive for People with Disability, based on conversations and not assumptions.

Training that includes support for managers who supervise People with Disability and unconscious bias training.

Induction for all staff with the Respect Equity and Diversity Officer (REDCO) and opportunities for REDCO’s to be advocates for employees with disability.

A disability champion in my workplace.

What would we hearStrength-based, enabling language.

In my workplace I would have conversations that build confident relationships with managers and supervisors.

The daily occurrence of unexpected bias and comments about disability would no longer occur - it’s a constant battle if we need to address comments on a daily basis.

What we would feelValued, included and supported – tokenism and stigmatised no more.

Heard and my diversity celebrated.

Safe to have conversations with my manager about reasonable adjustments and my career.

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Initiatives Responsibility Action Measurable Target Ways of Knowing*

1.5 Publish a Diversity Portal on INDEX, including information regarding People with Disability and provides easy links and information to support employees and managers/supervisors.

Strategic Policy

Media and Communications

The Diversity Portal is created providing links to reasonable adjustment information, diversity status, training opportunities, events and programs.

All REDCOs, managers and supervisors are aware of, as part of their induction and/or continuous professional development, the Diversity Portal on INDEX and utilise the information provided.

Our workplaces are disability confident.

1.6 Develop disability-specific guidelines and factsheets to support inclusive worksites and disability confidence across the organisation.

Strategic Policy Disability specific guidelines are developed to support disability confidence and inclusion, including but not limited to:

> Autism Spectrum

> Mental Health

> Sensory Conditions

> Intellectual Disability

> Physical Mobility

> Neurological Conditions

> Learning Disability

> Immunological Conditions

> Acquired Disability.

All managers, supervisors, REDCO’s and new employees are aware of the guidelines and can access them through the Diversity Portal on INDEX.

Our workplaces reflect our community. We are unique but we all come together.

1.7 Develop workplace practices that embed, value and celebrate diversity and diverse ways of being.

Strategic Policy The Education Directorate Knowing, Being and Doing Diversity Framework is developed and launched.

The Disability Accessibility Staff Network contributes to the development of the Knowing, Being and Doing Diversity Framework.

The Framework is launched and is used as a tool to progress diversity and inclusive workplace practices across the Directorate.

Our expertise and insights are valued and influence workplace cultures.

*See Glossary Page 22 for an explanation of “Ways of Knowing”

RECRUITMENTThe Directorate is a dynamic, flexible and innovative workplace that encourages diverse employment opportunities for People with Disability. The Directorate develops partnerships and works collaboratively with disability recruitment organisations to build our recruitment capability through innovative job design, selection and induction.

Voices of employees with disability and other staff across the Directorate:What we would seeReasonable adjustment would be established in all recruitment processes and opportunities

People with Disability would win Education Directorate selection processes and receive place specific induction.

Welcoming workplaces.

Diverse recruitment pathways and flexibility would be part of all recruitment activities.

Disability identified and designated positions are created.

Pathways for employment for young people with disability, from entry roles to leadership would be embedded.

Recruitment process would be mindful of individual needs through conversations and not assumptions.

What would we hearInterview questions would be consistent for all interviewees.

Conversations that asked potential employees about reasonable adjustment requirements.

What we would feelPeople with Disability would know what was expected in each role.

“ Growing up with a disability doesn’t bring with it a sense of shame or self-doubt; it’s only when we learn to interpret the faces of the people around us, or when our environment offers no chance of interacting on an ordinary level, that we learn such things.”

- Kurt Fearnley 2013

“ I want people all around this country to feel comfortable to be able to say they are disabled. I want them to be proud of their abilities and differences, and be able to get out and live the happy and successful lives that they deserve to live. I want them to be able to shop, travel, work, laugh, live and love just like everybody else.

But in order to do so, we as a society need to continue to further our expectations of what people with disability can actually do. We need to stop over-complicating disability. We need society to employ us, treat us like customers, and not be afraid to start a conversation.”

- Dylan Alcott, Australian wheelchair basketballer and tennis player

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Initiatives Responsibility Action Measurable Target Ways of Knowing

2.1 Promote the Education Directorate as an employer of choice for People with Disability.

People and Performance

Media and Communications

The Directorate will establish collaborative partnerships with external disability recruitment organisations.

The stories and employment journeys of People with Disability within the Directorate are promoted and celebrated internally and externally.

A suite of diverse promotional materials, including the stories of current employees with disability are developed. These include digital stories, poster and print mediums and are made available to:

> Schools

> Education Support Office

> Disability employment recruitment and support agencies.

The Directorate actively celebrates EDU worksites where successful inclusion and employment of People with Disability is occurring.

Partnerships are formalised and maintained with disability recruitment organisations.

Promotional materials are developed to document the employment journeys of People with Disability within the Directorate and displayed prominently.

People with Disability employee numbers are increased.

Inclusive worksites are celebrated through Leadership Forums and the Diversity Portal on INDEX. Schools and Education Support Office sites of employment excellence are encouraged to share their experiences.

Workplace cultural change.

We would be seen and heard.

Initiatives Responsibility Action Measurable Target Ways of Knowing

2.2 Promote employment opportunities for People with Disability through a diverse range of sources, including disability employment recruitment specialists.

People and Performance

The Directorate will ensure that jobs are advertised in both mainstream and disability employment specialist services.

The Directorate will promote education as an employer of choice for People with disability through participation at Disability employment expos.

All jobs are advertised through a variety of sources.

Data collated on the effectiveness of diverse advertising options and partnerships with disability employment specialists.

Access and Inclusion is part of what we do

2.3 Invest in individualised induction and development for staff with disability.

People and Performance

Training is provided to principals, managers and supervisors to support recruitment, induction and staff development for People with Disability.

Principals, managers and supervisors receive training to support diverse recruitment pathways and individualised induction processes, including reasonable adjustment.

Induction for managers that leads to ongoing opportunities for all People with Disability

2.4 Participate in ACTPS Inclusion and Disability employment programs.

People and Performance

Learning and Teaching

The Directorate will promote and participate in ACTPS Inclusion Pathways Recruitment Programs.

The Directorate will promote and make available on the Diversity Portal on INDEX the ACTPS Recruiting People with Disability Information Guide (Appendix A).

The Directorate will investigate the use of designated positions for People with Disability as provided for in the ACTPS Recruiting People with Disability Framework.

The Directorate will support and participate in the employment program, for young people with disability.

People with Disability are employed and supported annually through the ACTPS Inclusion Pathways Program.

Education Support Office and school workforce development plans are tied to ACTPS diversity targets.

Database of disability designated positions established. All Education Support Office branches and School Networks create at least one designated position for People with Disability.

Opportunities to gain experiences in diverse roles

The Directorate will support vendors of Career Expos to ensure there are opportunities for People with Disability to engage.Tiffany is a keen and motivated

student who is enthusiastic about her future. When Tiffany finishes school, she would like to work at Mc Donald’s full time in customer service. Tiffany enjoys collecting My Little Ponies and watching movies on the weekends.

“ I propose we look 10 years into the future. And imagine you are looking into the eyes of a child you love dearly. This child has a disability. Will we happily accept that we are still ranked at the bottom of developed nations in how we cater and support that child? Or will we have pride in that we have worked to reverse that situation and now 10 years on lead the world in supporting people with disabilities?”

- Kurt Fearnley 2013

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Initiatives Responsibility Action Measurable Target Ways of Knowing

2.5 Investigate and develop diverse recruitment processes.

People and Performance

Update Directorate recruitment guidelines and review processes to ensure the elimination of practices that result in direct or indirect discrimination or disadvantage for candidates with disability.

All selection criteria will include a diversity in action question; expanding on knowledge of diversity to progressing diverse workplaces and challenging unconscious bias.

All selection panels will ask each applicant about inclusive practices in the workplace and how they have actively participated in and achieved this. For example, “Tell me about how you have responded to and/or built diversity in your team.”

Recruitment guidelines updated and review of processes completed with action recommendations as required.

Selection criteria audit reflects the additional requirement of diversity in action.

Information is provided through HR Advice in regard to interview question expectations and diversity and inclusion.

Disability is no longer a barrier to the selection processes.

2.6 Introduce disability designated positions across the Education Directorate.

People and Performance

Schools

All schools and Education Support Office branches will consider establishing a disability designated position.

By 2023 all schools and Education Support Office branches will have established and filled or considered the creation of a disability designated position.

2.7 Recruit to disability designated positions by including a Person with Disability on the selection panel.

People and Performance

Recruitment guidelines are updated to include the provision for all disability designated positions to have a Person with Disability on recruitment panels.

Recruitment panels reflect the diversity of applicants and interviewees.

RETENTIONThe Directorate provides innovative career development opportunities for People with Disability. The Directorate develops external partnerships and works collaboratively with People with Disability through the Education Directorate Disability Accessibility Advisory Group to design strategies to support career pathways and retention.

Voices of employees with disability and other staff across the Directorate:What we would seeConversations between managers and staff with disability about individual staff development and reasonable adjustment needs.

Short term investment in relationships through taking the time to connect and engage with employees with disability for long term gain.

Real career pathways.

Equipment to support career development and opportunities would be made available as required.

What would we hearI would be engaged in conversations that are enabling and strength based.

Aspirational and personalised professional development conversations.

What we would feelIncluded as a peer.

Relationships matter, people matter, people focused conversations and expectations.

There are choices and opportunities available to us.

Initiatives Responsibility Action Measurable Target Ways of Knowing

3.1 Conduct strength-based career pathway conversations for People with Disability using the ACTPS Performance Framework or the Professional Pathways Plan for teaching staff.

People and Performance

Education Support Office Branch Managers

Directors of School Improvement

Ensure all staff are aware of the right to have regular performance development conversations with their manager.

Supervisors develop relationships with staff who have disability and identify dynamic processes, including conversations with staff to support them as required.

Develop a register of staff with disability interested in acting in short term vacancies or opportunities to gain experience across the Directorate.

Professional development conversations that are diversity focused and allow for innovative opportunities and career pathways are promoted annually.

Register developed and made available to schools and all Education Support Office branches.

I feel acknowledged and valued in the work that I do in a positive way.

I receive ongoing positive feedback.

3.2 Provide access to professional development programs to all staff with disability.

People and Performance

In collaboration with the EDU Disability Accessibility Advisory Group, conduct an analysis of professional development needs for employees with disability.

Analysis conducted and professional development needs identified annually.

I will know what to do so I can do it.

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Initiatives Responsibility Action Measurable Target Ways of Knowing

3.3 Establish a network of trained mentors for new and existing employees with disability.

Strategic Policy

People and Performance

Investigate existing mentoring programs with a focus on supporting and mentoring employees with disability.

Establish a Directorate mentoring program for employees with disability.

Directorate-wide mentoring program for employees with disability developed.

Potential mentors identified and provided with training to mentor and support employees with disability.

We have beaten the stigma.

3.4 Provide an employment champion to employees with disability.

Strategic Policy

People and Performance

Investigate existing employment champion programs with a focus on supporting employees with disability.

Establish an Education Directorate Disability Employment Champion Program.

Directorate-wide employment champion for employees with disability is identified and prompted to employees with disability.

3.5 Provide work shadowing opportunities based on areas of need or interest for employees with disability. Opportunities include rotations and exchanges across the service and between directorates.

People and Performance

Create a register of employees with disability interested in work shadowing opportunities.

Create a register of employees with disability interested in rotations and/or exchanges across the service and directorate.

Identify barriers and solutions for employees to be able to participate in opportunities.

Register completed and updated annually.

Guidelines developed.

Opportunities and contacts established and promoted.

I feel valued.

BUILD CAPABILITY THROUGH PROVIDING OPPORTUNITIESThe Directorate develops and embeds disability-confidence through explicit learning and growing diverse ways of knowing, being and doing* across all ACT Public Schools and the Education Support Office.

Voices of employees with disability and other staff across the Directorate:What we would seeStrengths based, high expectations approaches to relationships.

Opportunities to share experiences, what works, our insights.

What would we hearStrengths based language.

We are part of the conversation about us, our views and experiences are valued, heard and incorporated.

There are conversations about our needs and also the needs of managers and supervisors.

What we would feelConfident.

Strengths recognised.

Initiatives Responsibility Action Measurable Target Ways of Knowing

4.1 Establishment of a Disability Employment Action Officer and team.

Office of the Director-General

People and Performance

Analyse the number of positions required to progress employment of People with Disability and implement the Directorate Disability Employment Action Plan.

Create a designated position for an employee with disability to be part of the implementation and employment team.

Support the ACTPS Inclusion Practitioners Group.

Proposal developed and roles established and recruited.

A disability designated position is established and filled to support the implementation of the Disability Employment Action Plan.

The Directorate participates and contributes to the ACTPS Inclusion Practitioners Group.

We are part of the change.

4.2 Arrange disability confidence training for principals, managers, supervisors and selection panel members, as required.

People and Performance

School Improvement

All principals, managers and supervisors are offered disability confidence training as part of their professional development.

Information relating to supporting People with Disability in the workplace is provided on the Diversity Portal on INDEX.

Disability confidence training is offered annually including:

> Disability awareness

> Mental Health Awareness (mental health first aid)

> Autism Awareness.

Tokenism and stigmas are silenced.

Jeremy is a talented and emerging young leader at Black Mountain School. Jeremy was selected by his peers as their Student Representative Council voice for 2018 and represents the students as a member on the School Board. Jeremy’s aspirations for the future are to work as a bus driver part time and work in a coffee shop. Go the Raiders!

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Initiatives Responsibility Action Measurable Target Ways of Knowing

4.3 Create a pathways to employment program for students with disability.

Learning and Teaching

Employment, career and work experience pathways for students with disability are mapped as part of a Pathways to Employment for Students with Disability Program.

Promote the Pathways to Employment for Students with Disability Program to schools as opportunities to support students with disability to become “job ready”.

Pathways to employment through work experience and career pathways are mapped as part of an Education Directorate Employment for Students with Disability Program.

The Pathways to Employment for Students with Disability Program is promoted to schools.

Schools and the Education Support Office actively engage in the program and opportunities for students with disability to gain employment opportunities and experience.

We see pathways for employment for young people through to leadership.

4.4 Capture and promote Education Directorate workplace examples where transition to employment opportunities for students with disability is working well.

Learning and Teaching

Opportunities to share successes in employment pathways for students with disability are created using School Leadership Forums, School Network meetings and Education Support Office divisional meetings. This information is shared on the Diversity Portal on INDEX.

The number of students with disability gaining work experience, Australian School Based Apprenticeships (ASBAs) and employment opportunities are increased, monitored and documented.

Our organisation is empowered.

We embrace equity and inclusion for all.

“ Apologies are great, but they don’t really change anything. You know what does? Action.”

- Stella Young

LEADERSHIPThe Directorate provides leadership development opportunities for employees with disability and promotes opportunities. Senior executives act as workplace diversity champions and model disability confident behaviour. Corporate Executive engage in continual disability confidence professional growth and learning.

Voices of employees with disability and other staff across the Directorate:What we would seeOpportunities to be developed professionally into leadership roles. My disability would not be used as an impediment but seen as a strength and part of a diversity within the workforce.

What would we hearParticipative and enabling language.

What we would feelSupported to grow and develop professionally.

Empowered.

Initiatives Responsibility Action Measurable Target Ways of Knowing

5.1 Cascade Director-General diversity employment targets through the executive down to Principal Performance Development Plans.

People and Performance

Principal Performance Development Plans include the provision of diversity employment targets that align with Whole of Government targets and growth. These targets are also tied to workforce development plans (Measurable Target 2.4).

Principal annual performance development conversations include the progression of diversity employment targets.

Our workplace practices are inclusive we have the conversations at all levels.

5.2 Provide opportunities for employees with disability to participate in management and leadership development programs.

People and Performance

Designate a position for an Education Support Office and school-based employee with disability to participate in leadership development programs as they arise.

The number of employees with disability in leadership roles is increased.

Valued for strengths.

Career aspirations are realised.

5.3 Identify a senior executive as a disability champion and model disability confidence.

Corporate Executive and Senior Executive Team

A senior executive is identified as the Directorate disability champion and actively models disability confident behaviours.

Directorate knowledge of disability confident behaviours and workplaces is increased through the advocacy of the disability champion.

Valued.

Connected.

5.4 Recruit Corporate Executive and/or Senior Executive who identify as a Person with Disability.

Senior Executive Team

People and Performance

Diverse recruitment pathways and processes are developed for executive positions.

Strength-based ways of being are adopted by all Corporate and Senior Executive.

The number of Corporate Executive and Senior Executive who identify as a Person with Disability is increased.

Assumptions of low expectations of abilities are challenged.

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COLLABORATIONThe Directorate actively forms and maintains partnerships with peak ACT disability stakeholders and the Education Directorate Accessibility Advisory Group. We engage People with Disability through co-design processes that are embedded in Directorate practices and policies.

Voices of employees with disability and other staff across the Directorate:What we would seePartnerships and an understanding of the importance of these partnerships with Disability Employment Providers and peak disability organisations, developed and encouraged across the Directorate.

The Education Directorate Disability Accessibility Advisory Group is consulted on issues impacting employees with disability.

What would we hearEnabling and collaborative language.

What we would feelConnected.

Initiatives Responsibility Action Measurable Target Ways of Knowing

6.1 Consult with the Education Directorate Disability Accessibility Advisory Group.

Corporate Executive

Strategic Policy

Through the Secretariat, the Education Directorate Disability Accessibility Advisory Group is invited to participate in and provide feedback on Directorate initiatives and new policy development.

Directorate policy development has input from the Disability Accessibility Advisory Group and this input is acknowledged in reporting and published documents.

My voice and who I am is reflected in our documents, policies and what we do.

6.2 Develop relationships and partnerships with peak ACT Disability networks, stakeholders and providers.

Corporate Executive

Strategic Policy

Partnerships are developed and sustained with key ACT disability community stakeholders, including:

> People with Disability ACT

> Women with Disability ACT

> Vision Australia

> Advocacy for Inclusion

> Ticket to Work (Koomarri)

> Marymead

Peak ACT disability community stakeholders and the Education Directorate Disability Accessibility Advisor Group are connected and engaged in providing collaborative feedback to Directorate initiatives beyond those that are disability specific.

We are part of the Directorate and wider community, connected and not a silo or add on.

RECOGNISE AND CELEBRATEThe Directorate actively acknowledges and celebrates the accomplishments of People with Disability and engages in strategies and actions to eliminate discrimination in the workplace.

Voices of employees with disability and other staff across the Directorate:What we would seeSuccess for People with Disability.

Acknowledgement across the Directorate.

Participation in the International Day for People with Disability.

High expectations and relationships that challenge stereotypes of the abilities of People with Disability.

What would we hearAcknowledgement of the positive contributions and impacts People with Disability have on the lives of others and in the workplace.

What we would feelAcknowledged.

Confident.

Initiatives Responsibility Action Measurable Target Ways of Knowing

7.1 Promote disability specific local, national and international events and celebrations.

Strategic Policy

Media and Communications

Actively promote and recognise an International Day of People with Disability (3 December)

Schools and the Education Support Office recognise and celebrate days of significance for People with Disability

Our strengths are seen – we are seen.

7.2 Supports and promote the ACT Chief Minister’s Inclusion Awards.

Media and Communications

The annual ACT Chief Minister’s Inclusion Awards are promoted. The Education Directorate annually nominates staff for the awards.

The Directorate annually sponsors members of the Accessibility Advisory Group to attend the ACT Chief Minister’s Inclusion Awards Dinner and Award night.

We are collectively inspired – all of us.

7.3 Celebrate disability confident Education Directorate worksites.

Strategic Policy

School Improvement

Media and Communications

Disability confident EDU worksites are acknowledged and celebrated through INDEX.

Opportunities to reflect and share school and Education Support Office journeys to disability confidence through Principal Leadership Forums and annual Access and Inclusion Forums.

The journey and stories of disability confident EDU worksites are collated and shared across the Directorate.

An annual forum to share and celebrate disability confident EDU worksites is held.

“ The only way to build resilience is to set a goal and go after it.”

- Kurt Fearnley, Three time Paralympic gold medalist and two time Commonwealth Games gold medalist. New South Wales Australian of the Year for 2019

“My advice to other disabled people would be, concentrate on things your disability doesn’t prevent you doing well, and don’t regret the things it interferes with. Don’t be disabled in spirit as well as physically.”

- Stephen Hawking

Page 12: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

20

GLOSSARYPeople with Disability in the ACTPSThe ACT Public Service aims to be a disability-confident service – one which respects the skills, capabilities and experiences of all staff. The ACT Public Service descriptor of disability is an illness, injury or restriction which lasts six months or more.

What is Disability?The Disability Discrimination Act 1992 (Commonwealth) defines disability as:

> total or partial loss of the person’s bodily or mental functions

> total or partial loss of a part of the body

> the presence in the body of organisms causing disease or illness

> the malfunction, malformation or disfigurement of a part of the person’s body

> a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction

> a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment, or that results in disturbed behaviour.

The Disability Discrimination Act 1992 includes disability that:

> presently exists

> previously existed but no longer exists

> may exist in the future

> is imputed to a person (meaning it is thought or implied that the person has disability but does not).

There are many kinds of disability and they can result from accidents, illness or genetic disorders. A disability may affect mobility, ability to learn, or ability to communicate easily, and some people may have more than one. A disability may be visible or hidden, may be permanent or temporary and may have minimal or substantial impact on a person’s abilities.

Although some people are born with disability, many people acquire disability. For example, a person may acquire a disability through a workplace incident or car accident or may develop a disability as they age. There is a strong relationship between age and disability; as people grow older, there is a greater tendency to develop conditions which cause disability.

The many types of disability, including genetic and acquired include:

> physical - affects a person’s mobility or dexterity

> intellectual - affects a person’s abilities to learn

> mental illness - affects a person’s thinking processes

> sensory - affects a person’s ability to hear or see

> neurological – affects the person’s brain and central nervous system,

> learning disability

> physical disfigurement or

> immunological - the presence of organisms causing disease in the body.

References: https://www.and.org.au/pages/what-is-a-disability.html

Inclusive LanguageLanguage is an incredibly powerful tool and can create a sense of empowerment, pride, identity and purpose or have a devastating impact even with the best of intentions. Acceptable terminology changes with time. Below are some suggestions regarding appropriate terminology in relation to disability:

> Person-first language is the most widely accepted terminology in Australia. For example, use “person with disability” or “people with disability”, “people who have low vision”, “person who has Asperger’s”.

> Terms that are growing in acceptance also include “person with a lived experience of disability” or “person living with disability”. These terms are inclusive of people who have a lived experience of disability in the past, but do not any longer, as well as people who are carers of a person with disability.

> Do not use the term “non-disabled” or “able bodied”, rather “person without disability”, which is the preferred terminology.

> Car parks, lifts and bathrooms are now described as accessible, rather than disabled or handicapped.

From Disability to AccessibilityThe Australian Network on Disability and member organisations have over the past few years increasingly referred to Accessibility Action Plans or Access and Inclusion Plans, rather than Disability Action Plans. This makes the focus much more inclusive and incorporates the requirements of a diverse range of people who may have access needs.

More information can be found at Australian Network on Disability Inclusive Language Factsheet https://www.and.org.au/pages/inclusive-language.html

Ways of KnowingWays of Knowing as an indicator of success of Employment Action Plan initiatives was created originally in collaboration with the EDU Aboriginal and Torres Strait Islander Staff Network (Staff Network) in the development of Connection, Collaboration, Careers, Leadership: Education Directorate Aboriginal and Torres Strait Islander Employment Action Plan 2014-2017. This Action Plan was acknowledged as creating the benchmark for the ACT Public Service in employment action plan development and processes (Inquiry into ACT Public Service Aboriginal and Torres Strait Islander Employment by the Standing Committee on Health, Ageing, Community and Social Services Report, March 2014 page 85).

The EDU Accessibility Advisory Group in discussing the Access and Inclusion Action Plan development wanted to ensure that the voices of People with Disability were embedded in the Action Plan and Ways of Knowing, as an indicator of successful implementation of initiatives is a way of ensuring this happens.

L is passionate about her future aspirations, working part time in one of Australian’s top Wii gaming shops. She has strong people skills will be an asset to any company in the customer service area. L enjoys reading in her spare time and is currently in the process of writing a novel, with her inspiration coming from the series Hairy Maclary.

IMPLEMENTATION, MONITORING AND REPORTINGThe Diversity and Culture section, Strategic Policy branch, the EDU Diversity Council and the EDU Accessibility Advisory Group will oversee the implementation of Valued, Connected, Confident; Access and Inclusion (Disability) Employment Action Plan 2019-2023. Monitoring and reporting of the Action Plan will be coordinated through the Strategic Policy branch.

The Directorate will continue to work with and seek advice from the EDU Accessibility Advisory Group and the newly established ACTPS Disability Staff and Allies Network throughout the implementation, monitoring and evaluation phases of the Action Plan. Directorate employment trend data for People with Disability will be collated and analysed to inform future directions and identify gaps in employment opportunities and pathways.

Page 13: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 22

Knowing, Being and DoingThe Knowing, Being and Doing model focuses on the relational processes of people coming together to accomplish change and advancement. It is a relational model that aligns with diversity practice and is inclusive of people and diverse points of view. In this framework and model relationships are the key to leadership effectiveness. Knowing, Being and Doing is also consistent with Aboriginal ways of being in the world and will frame the development of the EDU Diversity Framework, in acknowledgement of the First Nations of Australia.

https://www.uta.edu/leadership/_downloads/The-Relational-Model.pdf

Disability ConfidenceOriginally introduced by the U.K. Government in 2013, the phrase is now also being used internationally. Disability confident organisations are strength based and remove barriers to recruiting and retaining employees with disability.

Becoming a disability confident organisation means embracing diversity and inclusion.

A disability confident organisation:

> has managers and staff who understand disability and the diversity of People with Disability

> has managers who know it is important to their organisation to employ People with Disability

> has in place inclusive policies and practices

> has plans in place to ensure a diverse workplace

> addresses barriers to employment and promotion for People with Disability

> thinks about the needs of People with Disability when designing products and services

> thinks about the needs of People with Disability throughout the recruitment stages

> can attract a wider pool of job applicants

> is more likely to retain talented employees with disability

> utilises the benefits of a diverse workforce through increased innovation.

References: https://www.employment.govt.nz/workplace-policies/employment-for-disabled-people/the-benefits-of-being-a-disability-confident-organisation/

Co-Design PracticeCo-design is a well-established approach to creative practice, particularly within the public sector. It has its roots in the participatory design techniques developed in Scandinavia in the 1970s. Co-design is often used as an umbrella term for participatory, co-creation and open design processes.

Co-design reflects a fundamental change in the traditional designer-client relationship. The co-design approach enables a wide range of people to make a creative contribution in the formulation and solution of a problem. A key tenet of co-design is that users, as ‘experts’ of their own experience, become central to the design process.

The immediate benefits of employing a co-design approach include:

> generation of better ideas with a high degree of originality and user value

> improved knowledge of customer or user needs

> immediate validation of ideas or concepts

> higher quality, better differentiated products or services

> more efficient decision making

> lower development costs and reduced development time

> better cooperation between different people or organisations, and across disciplines.

The longer-term benefits include:

> higher degrees of satisfaction of, and loyalty from, customers and users

> increased levels of support and enthusiasm for innovation and change

> better relationships between the product or service provider and their customers.

References: Steen, M., Manschot, M., & De Koning, N. (2011). Benefits of co-design in service design projects. International Journal of Design, 5(2), 53-60.

Page 14: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 24

APPENDIX 1 - ACT GOVERNMENT (2017) PEOPLE WITH DISABILITY EMPLOYMENT FRAMEWORK

Page

1 o

f 3

Peop

le w

ith D

isab

ility

Em

ploy

men

t Fra

mew

ork

Defin

ing

Stat

emen

t: An

impo

rtan

t aim

of t

he A

CT G

over

nmen

t is t

o m

ake

a po

sitiv

e di

ffere

nce

in th

e liv

es o

f Peo

ple

with

Disa

bilit

y an

d th

eir f

amili

es. P

rovi

ding

gen

uine

em

ploy

men

t opt

ions

is a

cru

cial

par

t of e

nabl

ing

Peop

le w

ith D

isabi

lity

to h

ave

as in

depe

nden

t a li

fe a

s pos

sible

. The

ACT

Gov

ernm

ent a

ckno

wle

dges

the

expe

rtise

and

in

sight

s tha

t Peo

ple

with

Disa

bilit

y ca

n pr

ovid

e to

impr

ove

Gove

rnm

ent p

olic

y de

velo

pmen

t and

serv

ice

deliv

ery.

Thi

s Em

ploy

men

t Fra

mew

ork

aim

s to

build

our

con

fiden

ce a

s an

org

anisa

tion

to e

mpl

oy P

eopl

e w

ith D

isabi

lity

in a

gre

at v

arie

ty o

f rol

es a

cros

s the

Ser

vice

and

giv

e st

aff w

ith D

isabi

lity

oppo

rtun

ities

to re

alise

thei

r pot

entia

l. By

30

June

20

19, t

he A

CT G

over

nmen

t is c

omm

itted

to e

mpl

oyin

g at

leas

t 655

Peo

ple

with

Disa

bilit

y. T

his F

ram

ewor

k es

tabl

ishes

the

actio

ns to

be

used

acr

oss t

he S

ervi

ce to

ach

ieve

th

is go

al, b

ecom

ing

a di

sabi

lity-

conf

iden

t org

anisa

tion

that

can

att

ract

and

reta

in P

eopl

e w

ith D

isabi

lity

and

prov

ide

genu

ine

care

er o

ppor

tuni

ties f

or e

xist

ing

empl

oyee

s.

655

empl

oyee

s w

ith a

Di

sabi

lity

by

30 Ju

n 19

Incl

usiv

e W

orkp

lace

s

Recr

uitm

ent

Rete

ntio

n

Build

Ca

pabi

lity

Lead

ersh

ip Co

llabo

ratio

n

Reco

gnise

an

d Ce

lebr

ate

Page

2 o

f 3

Acco

unta

bilit

y |

At le

ast 6

55 e

mpl

oyee

s with

Dis

abili

ty b

y 30

June

201

9 Di

rect

orat

e-sp

ecifi

c tar

gets

are

det

erm

ined

ann

ually

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Head

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ervi

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re in

corp

orat

ed in

to D

irect

ors-

Gene

ral P

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rman

ce A

gree

men

ts|D

irect

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ral

repo

rt o

n pr

ogre

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t Leg

islat

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mbl

y He

arin

gs|W

orkf

orce

dat

a is

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rted

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e an

nual

Sta

te o

f the

Ser

vice

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ort|

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ctor

ates

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ive

quar

terly

repo

rtin

g up

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ide

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apsh

ot o

f pro

gres

s aga

inst

targ

ets

Incl

usiv

e W

orkp

lace

s

Deve

lop

an A

CTPS

N

etw

ork

for S

taff

with

Di

sabi

lity*

and

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rect

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c Di

sabi

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wor

ks

Cont

inue

livi

ng th

e pr

inci

ples

of R

espe

ct,

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ty a

nd D

iver

sity

(RED

) to

crea

te p

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ve

and

incl

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e w

ork

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ronm

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re

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rsity

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Cont

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aint

ain

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licie

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prov

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g in

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tion

to

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oym

ent p

athw

ays

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ote

awar

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s of

care

er p

aths

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ACTP

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.g. A

ustr

alia

n Sc

hool

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ed

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entic

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ork

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, gen

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*

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ate

part

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who

le-

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over

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lusio

n an

d Di

sabi

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empl

oym

ent p

rogr

ams

Use

des

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ted

posit

ions

as p

rovi

ded

for

in th

e em

ploy

men

t fr

amew

ork

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ge w

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nal

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crui

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satio

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spec

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itiat

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CTPS

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mm

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and

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ate-

base

d Di

sabi

lity

Actio

n Pl

ans/

wor

kfor

ce

stra

tegi

es

Use

the

Perf

orm

ance

Fr

amew

ork

to id

entif

y op

port

uniti

es fo

r car

eer

deve

lopm

ent a

nd

prog

ress

ion

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t and

eva

luat

e in

tern

al/e

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nal

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g in

nova

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to jo

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se th

e M

anag

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r Di

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orkp

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ason

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ustm

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d th

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ploy

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t Por

tal

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iden

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aini

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r m

anag

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nel

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ralia

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uit S

enio

r Ex

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ives

who

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tify

as a

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son

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a

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stai

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prov

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rren

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pres

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xecu

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act

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uity

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r the

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mun

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omen

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actit

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ups a

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staf

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ork

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alth

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ork-

life

bala

nce

Page 15: Access and Inclusion (Disability) Employment Action Plan ...€¦ · Accessibility Advisory Group Message The Education Directorate Accessibility Advisory Group first met in early

ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 26

Page

3 o

f 3

Not

es

1.Th

is Fr

amew

ork

prov

ides

ove

rarc

hing

gui

danc

e re

gard

ing

the

vario

us a

ctiv

ities

that

may

be

used

to a

ttra

ct a

nd re

tain

a d

iver

se w

orkf

orce

. All

dire

ctor

ates

eith

er a

lread

y ha

ve, o

r are

inth

e pr

oces

s of d

evel

opin

g a

Peop

le w

ith D

isabi

lity

Stra

tegy

bas

ed u

pon

dire

ctor

ate-

spec

ific

targ

ets i

ssue

d by

the

Head

of S

ervi

ce in

supp

ort o

f em

ploy

ing

at le

ast 6

55 e

mpl

oyee

s with

Disa

bilit

y by

30

June

201

9. R

efer

to d

irect

orat

e-sp

ecifi

c st

rate

gies

for f

urth

er in

form

atio

n on

act

ions

, tim

efra

mes

, rep

ortin

g et

c.

2.*D

enot

es w

hole

-of-g

over

nmen

t ini

tiativ

es le

d by

the

Wor

kfor

ce C

apab

ility

and

Gov

erna

nce

Divi

sion

(WCA

GD)

in th

e Ch

ief M

inist

er, T

reas

ury

and

Econ

omic

Dev

elop

men

t Dire

ctor

ate.

All

othe

r act

iviti

es a

re to

be

cons

ider

ed fo

r inc

orpo

ratio

n in

to d

irect

orat

e-sp

ecifi

c em

ploy

men

t str

ateg

ies.

3.**

Dire

ctor

ates

are

resp

onsib

le fo

r mon

itorin

g th

eir o

wn

prog

ress

tow

ards

targ

ets i

ssue

d to

thei

r Dire

ctor

-gen

eral

by

the

Head

of S

ervi

ce. T

o su

ppor

t thi

s pro

cess

, WCA

GD w

ill is

sue

aqu

arte

rly w

orkf

orce

stat

us u

pdat

e th

at p

rovi

des a

n ov

ervi

ew o

f pro

gres

s tow

ards

em

ploy

men

t tar

gets

. WCA

GD a

lso fa

cilit

ate

the

repo

rtin

g of

rele

vant

wor

kfor

ce d

ata

in th

e an

nual

Sta

te o

fth

e Se

rvic

e re

port

.

APPENDIX 2 - ACT GOVERNMENT (2017) RECRUITING PEOPLE WITH DISABILITY

RE

CR

UIT

ING

PE

OP

LE W

ITH

DIS

AB

ILIT

Y

STA

ND

AR

D M

ER

IT

RE

CR

UIT

ME

NT

PR

OC

ESS

PE

RM

AN

EN

T P

OSI

TIO

NS*

TEM

PO

RA

RY

PO

SITI

ON

S*

IDE

NTI

FIE

D P

OSI

TIO

NS*

Posi

tion

is a

dver

tised

to a

ll, th

roug

h Jo

bs A

CT a

t a

min

imum

. Ad

vert

isem

ent s

houl

d in

clud

e a

stat

emen

t to

enc

oura

ge d

iver

sity

app

licat

ions

. Ad

vice

on

the

stan

dard

mer

it pr

oces

s is a

vaila

ble

here

Not

e: A

n ap

plic

atio

n do

es n

ot n

eces

saril

y re

quire

a

writ

ten

resp

onse

to th

e Se

lect

ion

Crite

ria (S

C). R

athe

r, th

e se

lect

ion

com

mitt

ee m

ust m

ake

a co

mpa

rativ

e as

sess

men

t of a

pplic

ants

bas

ed o

n ea

ch a

pplic

ant’s

cl

aim

s aga

inst

the

SC.

All a

dver

tisem

ents

mus

t sta

te th

e SC

for t

he p

ositi

on.

If th

e re

quire

men

t is f

or a

pplic

ants

to p

rovi

de a

writ

ten

resp

onse

to th

e SC

, thi

s sho

uld

be s

tipul

ated

in th

e ad

vert

isem

ent a

nd sh

ould

not

exc

eed

five

SC.

Sele

ctio

n co

mm

ittee

s mus

t con

sist

of a

min

imum

of 3

pe

ople

.

Appl

ican

ts c

an b

e as

sess

ed e

ither

on

writ

ten

appl

icat

ions

and

/or i

nter

view

, or o

ther

ass

essm

ent

met

hod.

For p

erm

anen

t pos

ition

s the

bes

t per

son

for t

he jo

b is

to

be

sele

cted

(w

ith n

o pr

efer

ence

giv

en t

o AC

TPS

offic

ers o

ver t

empo

rary

em

ploy

ees)

.

The

aver

age

time

to c

ompl

ete

this

pro

cess

is 4

5 da

ys

Iden

tify

an e

xist

ing

posi

tion

or c

reat

e a

new

pos

ition

w

ith a

n Es

tabl

ishm

ent V

aria

tion

Auth

ority

(thi

s for

m is

re

quire

d fo

r any

pos

ition

cha

nge)

.

Fill

eith

er b

y:

1.ad

vert

isin

g (o

pen

only

to p

eopl

e w

ith d

isab

ility

); or

2.di

rect

app

oint

men

t to

a po

sitio

n th

roug

h an

empl

oym

ent p

rovi

der (

unde

r sec

tion

13 o

f the

Pub

licSe

ctor

Man

agem

ent S

tand

ards

). An

em

ploy

men

tpr

ovid

er c

an b

e us

ed fo

r bot

h te

mpo

rary

and

perm

anen

t vac

anci

es.

Disa

bilit

y Em

ploy

men

t Ser

vice

(DES

) pro

vide

rs w

ill

also

be

able

to a

ssis

t with

any

wor

kpla

ce a

djus

tmen

t re

quire

d, su

ch a

s equ

ipm

ent a

nd s

taff

trai

ning

upo

n co

mm

ence

men

t of e

mpl

oym

ent.

Posi

tions

can

not e

xcee

d 12

mon

ths,

unl

ess s

peci

fied

for f

ixed

term

pro

ject

s.

Pref

eren

ce g

iven

to A

CTPS

offi

cers

ove

r tem

pora

ry

empl

oyee

s, u

nles

s the

eng

agem

ent o

f an

empl

oyee

is

con

sist

ent w

ith a

man

agem

ent s

trat

egy

to b

e an

eq

uita

ble

empl

oyer

(as s

et o

ut in

Sec

tion

8 of

the

Publ

ic

Sect

or M

anag

emen

t Act

199

4).

Less

tha

n 3

mon

ths:

EO

I to

can

vas

avai

labl

e AC

TPS

offic

ers,

opt

iona

l. (S

ome

dire

ctor

ates

mai

ntai

n an

d ac

cess

in-h

ouse

tem

pora

ry re

gist

ers)

.

Sect

ion

8 of

the

Publ

ic S

ecto

r Man

agem

ent A

ct 1

994

may

al

low

equ

itabl

e em

ploy

men

t ove

r mer

it an

d do

esn’

t re

quire

an

EOI f

or p

ositi

ons l

ess t

han

3 m

onth

s

Mor

e th

an 3

mon

ths:

to

be a

dver

tised

on

Jobs

ACT

and

a

pres

crib

ed se

lect

ion

proc

ess c

ondu

cted

.

RE

ASO

NA

BLE

AD

JUST

ME

NT

*Rea

sona

ble

adju

stm

ent m

ay b

e re

quire

d. C

onta

ct w

ithap

plic

ants

prio

r to

sele

ctio

n pr

oces

s is r

ecom

men

ded

to d

eter

min

e if

reas

onab

le a

djus

tmen

ts a

re re

quire

d.

CU

RR

EN

T P

RO

GR

AM

S

FUTU

RE

PR

OG

RA

MS

PAR

TIC

IPA

TE IN

WH

OLE

OF

GO

VE

RN

ME

NT

PR

OG

RA

MS

1. G

radu

ate

Prog

ram

(ide

ntifi

ed in

clus

ion)

•EO

I May

201

7 fo

r Feb

201

8 co

mm

ence

men

t

•Em

ploy

ed a

s ASO

4 ad

vanc

ing

to A

SO5

afte

r 10

mon

ths

2.. In

clus

ion

Trai

nees

hip

•EO

I Oct

/Nov

201

7 fo

r Feb

201

8 co

mm

ence

men

t

•Em

ploy

ed a

s ASO

1 ad

vanc

ing

to A

SO2

afte

r 12

mon

ths

3.In

tern

ship

for c

urre

nt te

rtia

ry st

uden

ts

•In

part

ners

hip

with

the

Aust

ralia

n N

etw

ork

on D

isab

ility

•Pro

gram

will

run

in A

ug/S

ept 2

017

and

in J

an/F

eb 2

018

for a

6 w

eek

perio

d

•Em

ploy

ed a

s an

ASO

2 or

3 a

s req

uire

d.

4. A

SBA

(Aus

tral

ian

Scho

ol B

ased

App

rent

ices

hip)

.

•EO

I Oct

201

7 fo

r Feb

201

8 co

mm

ence

men

t

•Can

dida

tes w

ork

1 da

y pe

r wee

k at

a ra

te o

f $90

per

•Em

ploy

men

t per

iod

can

last

up

to 2

yea

rs

For d

etai

ls o

f ind

ivid

ual p

rogr

ams c

onta

ct th

e Em

ploy

men

t Inc

lusi

on M

anag

er W

illia

m T

owle

r. In

clus

ionE

mpl

oym

ent@

act.g

ov.a

u 62

05 3

629

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 28

APPENDIX 3 - ACT GOVERNMENT (2015) ACT PUBLIC SECTOR – REASONABLE ADJUSTMENT POLICY

ACT PUBLIC SECTOR – REASONABLE ADJUSTMENT POLICY

PURPOSE 1. The ACT Public Service (ACTPS) acknowledges and values workplace diversity and is

committed to ensuring an accessible and inclusive workplace. The purpose of this

policy is to ensure all ACTPS directorates follow the principles of Reasonable

Adjustment, ensuring all individuals have equal opportunities in the workplace1.

BACKGROUND 2. The ACTPS is committed to the principles of equity and diversity and that these

principles are provided to all employees.

3. Additionally, the ACTPS has obligations under the Commonwealth Disability

Discrimination Act 1992 (DDA) in addition to relevant ACT legislation including the

Discrimination Act 1991 (ACT), the Human Rights Act 2004 (ACT), and the Human

Rights Commission Act 2005 (ACT). These obligations include ensuring that all

employees and potential employees can participate fully in all aspects of

employment. Under both Commonwealth and Territory legislation, the ACTPS must

not discriminate, directly or indirectly, against an individual by treating them less

favourably than a person without a disability would be treated.

APPLICATION 4. This policy applies to all ACTPS directorates and any individual:

• employed under the Public Sector Management Act 1994;

• employed by the ACTPS on a contractual basis;

• engaged by a recruitment company; and

• applying for a position with the ACTPS.

1 HR Website. Page 1 of 12

5. This policy also applies to recruitment companies engaged by the ACTPS to

undertake recruitment activities. Such companies must ensure that principles of

reasonable adjustment are applied throughout the recruitment process.

PRINCIPLES 6. The principles of Reasonable Adjustment apply irrespective of whether the

individual’s disability was pre-existing or caused at work and whether it is permanent

or temporary2. It is important for ACTPS directorates to note that the principles and

application of Reasonable Adjustment applies to all stages of employment including

recruitment, selection, induction, training and career development, participation in

projects and committees and return to work following an injury.

7. The ACTPS is committed to the principles of Reasonable Adjustment to ensure all

individuals have equal employment opportunities. The ACTPS seeks to apply the

principles of Reasonable Adjustment to remove barriers to workplace participation

for individuals with disability and individuals with an injury.

What is Reasonable Adjustment

8. Reasonable Adjustment can be defined as administrative, environmental or

procedural modification required enabling an individual to meet the requirements of

a position. It may be a change to a Recruitment/Selection process or work process,

practice or procedure that enables an individual with a disability or injury to apply

for a job and perform their job in a way that minimises the impact of their disability

or injury. Reasonable Adjustment allows an individual to:

• perform the inherent or essential requirements of their job in a safe manner;

• have equal opportunity to be considered for selection, appointment, promotion,

transfer, training and other employment opportunities;

• experience equitable terms and conditions of employment; and

• maximise productivity and workplace satisfaction.

2HR Website ‘Where in the DDA is the requirement to make reasonable adjustment?’

Page 2 of 12

ACT PUBLIC SECTOR – REASONABLE ADJUSTMENT POLICY

PURPOSE 1. The ACT Public Service (ACTPS) acknowledges and values workplace diversity and is

committed to ensuring an accessible and inclusive workplace. The purpose of this

policy is to ensure all ACTPS directorates follow the principles of Reasonable

Adjustment, ensuring all individuals have equal opportunities in the workplace1.

BACKGROUND 2. The ACTPS is committed to the principles of equity and diversity and that these

principles are provided to all employees.

3. Additionally, the ACTPS has obligations under the Commonwealth Disability

Discrimination Act 1992 (DDA) in addition to relevant ACT legislation including the

Discrimination Act 1991 (ACT), the Human Rights Act 2004 (ACT), and the Human

Rights Commission Act 2005 (ACT). These obligations include ensuring that all

employees and potential employees can participate fully in all aspects of

employment. Under both Commonwealth and Territory legislation, the ACTPS must

not discriminate, directly or indirectly, against an individual by treating them less

favourably than a person without a disability would be treated.

APPLICATION 4. This policy applies to all ACTPS directorates and any individual:

• employed under the Public Sector Management Act 1994;

• employed by the ACTPS on a contractual basis;

• engaged by a recruitment company; and

• applying for a position with the ACTPS.

1 HR Website. Page 1 of 12

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 30

Unjustifiable Hardship

9. Under the DDA the ACTPS is required to provide Reasonable Adjustment wherever it

is necessary and reasonable to do so, that is where it does not result in unjustifiable

hardship for the employer. When determining if unjustifiable hardship would be

caused, the following is generally considered:

• the nature of the benefit or detriment likely to accrue or be suffered by any persons

concerned; and

• the cost of the adjustment required in respect of the directorates financial situation.

10. What is considered ‘reasonable’ will depend on the facts and circumstances of each

particular situation. Some examples of Reasonable Adjustment for an individual with

disability or injury may include:

Job redesign:

• flexible working hours, working part time, providing time-off for counselling or

medical appointments, allowing longer breaks or allowing the individual to telework

or work from home for part of the week.

Job sharing:

• redistributing minor duties that an individual with a disability or injury finds difficult

to do or having two people share a full-time position.

Workplace Modifications may include:

• providing voice activated software for someone who has a physical impairment or

injury, providing an amplified phone for an individual who is hard of hearing,

providing a digital recorder for someone who finds it difficult to take written notes or

improving physical accessibility to the workplace;

• providing increased font size in documents for an individual with vision impairment

or providing an Auslan interpreter for captioning for a deaf individual;

• providing a stand up work station for an individual with a back injury; and/or

Page 3 of 12

• providing appropriate equipment or assistance to an individual with a disability or

injury who is applying for a position with the ACTPS, for example arranging

interpreters or readers or providing materials related to the recruitment process in

alternate formats.

Note: Workplace modifications should be accessed through a workplace assessor or

provider.

Direct and Indirect discrimination

11. Under Territory and Commonwealth legislation it is direct discrimination to treat an

individual with a disability less favourably than an individual without the disability

would be treated in the same or similar circumstances. Additionally, under the DDA it

is direct discrimination not to make reasonable adjustments for an individual where

the failure to make these adjustments results in the individual being treated less

favourably than a person without the disability3.

12. It is indirect discrimination under both Territory and Commonwealth legislation to

subject an individual to treatment which is less favourable in its impact. That is, it is

discrimination to impose a requirement or condition on a person that because of

their disability would not be able to comply with the requirement or condition and

this would result in disadvantage. It is also discrimination to impose a requirement or

condition and not provide reasonable adjustment, where the failure to provide

reasonable adjustment is likely to disadvantage the individual with the disability4.

RECRUITMENT PROCESS 13. The principles of Reasonable Adjustment apply to all stages of the recruitment

process to ensure that all applicants have the opportunity to compete for the

position equally and fairly. Selection panels/managers need to ensure that all

applicants are assessed on their ability to meet the inherent requirements of the role

in partnership with the merit principles.

3 http://www.austlii.edu.au/cgi-bin/download.cgi/au/legis/cth/consol_act/dda1992264 4 http://www.austlii.edu.au/cgi-bin/download.cgi/au/legis/cth/consol_act/dda1992264

Page 4 of 12

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 32

14. Inherent requirements need to be determined in the circumstances of each job and

may include5:

• the ability to perform the tasks or functions which are a necessary part of the job

productivity and quality requirements;

• the ability to work effectively in the team or other type of work organisation

concerned; and/or

• the ability to work safely.

15. The type and degree of modifications to either a selection process and/or the way in

which duties can be performed are broad and depend on the needs of the individual

concerned. It is essential for selection panels/managers to ask applicants if any

reasonable adjustments are required to enable them to participate equally in the

recruitment process. Selection panels/managers should ask all applicants when

inviting applicants to an interview whether reasonable adjustments will be required.

This is irrespective of whether applicants have indicated that special requirements

are required on the application form.

RESPONSIBILITIES 16. When implementing a Reasonable Adjustment the following responsibilities apply:

Individual/Employee

• The individual/employee requiring reasonable adjustment is responsible for notifying

their manager or executive of their given circumstance.

• Individuals/employees also have a level of responsibility to provide assistance (if

required) and if they are in a position to do so.

Manager

• Once being notified, managers are responsible for speaking with the

individual/employee to clarify their needs, and required to begin the process with

the corporate area of their given directorate.

5 HR Website ‘Employment and the Disability Discrimination Act. Part 1. – what does “inherent requirements” mean?

Page 5 of 12

• Managers have a responsibility to ensure that all employees have the necessary

resources available to be able to perform the inherent requirements of the position.

• Managers must ensure that they are very clear and specific about the inherent

requirements of the position.

• Managers have a responsibility to understand the concept and principle of

Reasonable Adjustment and seek information if needed.

• Managers should champion Reasonable Adjustment.

Corporate/HR Area

• Administrative responsibilities sit with the corporate area of the relevant directorate;

this includes overseeing the process to ensure suitable reporting is undertaken, as

well as being the main point of contact for liaising with the Employee Assistance

Fund (EAF) when it has been agreed that Job Access will provide funding.

• Corporate areas are responsible for assisting and advising managers and employees

both on and throughout the process, in the organisation of assessments and

providing advice on whether EAF can be accessed.

Executive/Delegate

• It is the executive delegate’s responsibility to endorse the financial commitment

given to sourcing the reasonable adjustment. Prior to making any decisions delegates

are encouraged to seek assistance from HR or EAF, in particular if they wish to decline

the adjustment.

Employer

• Creating an workplace environment where all employees and potential employees

have access to participate fully in all aspects of recruitment.

• The decision as to what reasonable adjustment is required rests with the employer.

Selection Panels

• Selection panels have a responsibility to understand and champion reasonable

adjustment. As part of this, the chair of the selection panel must ensure that all panel

members understand the principles of reasonable adjustment and apply these

principles.

Page 6 of 12

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 34

• Selection panels have a responsibility to ensure all applicants have the opportunity to

request reasonable adjustments, and all reasonable requests are catered for. This

includes asking all applicants when arranging interview times as to whether they

require any special requirements for the interview.

• An equal opportunity to apply for the position and to participate in the recruitment

process rests with selection panels.

FUNDING OF REASONABLE ADJUSTMENT REQUIREMENTS IN THE ACT PUBLIC SERVICE

17. Responsibility for meeting the cost of workplace adjustments and modifications will

depend on the nature of the work. Below is a general guide in relation to funding

arrangements. Each case needs to be assessed on an individual basis and managers

are encouraged to liaise with their corporate area.

• Where the workplace adjustment or modification relates to accommodation

matters, that is, the physical building or fittings attached to the building which are

required for disability access, funding assistance maybe available through the EAF

up to the value of $33,000.00 (as at April 2015). Modification to accommodation

may include such things as automatic doors, ramps or modification of toilet facilities

etc. Costs over and above this amount will be met by the Directorate and in

conjunction with the building owner where appropriate.

• Where the workplace adjustment or modification involves the provision of

specialised personal equipment to support the employee (e.g. adaptive speech

software for the computer, telephone amplification devices etc ) the cost can be

met by the EAF through reimbursement to the individual business area once an

application to the EAF has been approved and the equipment purchased.

Equipment which is standard issue to all employees will not be covered by EAF

funding. Areas should check with Shared Services on what reimbursement options

are available before purchasing equipment to have funds returned to their area

budgets. Alternatively, individual employees may apply to the EAF through their

individual Employment Service provider who will make arrangements for

Page 7 of 12

assessment, applications to the EAF and purchase of equipment on approval. It

should be noted that not all employees will have engaged a Employment Service

Provider. Equipment purchased through EAF for an employee remains the personal

property of that employee.

• Costs associated with work place assessment of employee needs will generally be

met by the individual’s business area or by Job Access, except in cases where an

individual’s employment service provider is involved. This may happen in

circumstances where specialist assessment may be required (eg: for vision

impairment or hearing loss) An assessment should be reviewed each time an

employee changes positions or their duties change substantially.

• Funding is available through Job Access for disability awareness training up to the

value of $1,500.00 for supervisors/staff which maybe applied for directly by line

areas.

• Funding is available to the provision of Auslan interpreter services or Real Time

Captioning Services up to the value of $6,000.00 per annum. This may be used to

support a person in a job interview, to undertake training or in any other avenue to

support an employee with hearing loss.

• Funding is available up to $1,500 for the provision of work place support for a person

with a disability who requires more intensive assistance.

CONFIDENTIALITY

18. At all times, the individual(s) responsible for processing a request for reasonable

adjustment or implementing a reasonable adjustment will respect the privacy of the

applicant or employee who has requested the adjustment. Information about the

applicant or employee’s disability will only be disclosed to a third party with the

consent of the applicant or employee.

19. However, in order to introduce an adjustment into the workplace, it will be

necessary for information about the impact of the employee’s disability or condition

Page 8 of 12

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 36

on their work performance to be disclosed to the appropriate supervisor(s). It is

imperative to first have a discussion with the (new) employee and outline the

process. This includes encouraging the employee to contribute to what reasonable

adjustments can be made.

APPROVAL AUTHORITY

…………………………………………… ……………………………………………….. Bronwen Overton-Clarke May 2015 Commissioner for Public Administration

Page 9 of 12

LEGISLATIVE REFERENCE The key principles of this policy are consistent with:

ACT Legislation:

• Discrimination Act 1991

• Human Rights Act 2004

• Human Rights Commission Act 2005

• Legislative Assembly (Member’s Staff) Act 1998

• Public Sector Management Act 1994

• Territory Records Act 2002

• Work Health and Safety Act 2011

• Agency Enterprise Agreements

Commonwealth Legislation:

• Disability Discrimination Act 1992

• Equal Employment Opportunity for Women in the Workplace Act 1999

• Fair Work Act 2009

• Health Records (Privacy and Access) Act 1997

• Privacy Act 1998

• United Nations Convention on the Rights of Persons with Disability (UN CRPD)

Related Policy

• ACTPS Respect Equity and Diversity Framework

• The ACTPS Employment Strategy for People with Disability 2010

• The ACTPS Employment Strategy for Aboriginal and Torres Strait Islander People

• Relevant Agency Guidelines, Procedures and Fact Sheets

• Employment Assistance Fund Guidelines

• Respect at work policy, People Management Policy Statement No.2, IssuedDecember 2010

• Australian Human Rights Commission, Disability Rights, Employment relatedfrequently asked questions.

Page 10 of 12

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ACCESS AND INCLUSION (DISABILITY) EMPLOYMENT ACTION PLAN 38

RESOURCES Internal Resources

• Directorate’s Corporate Team

• Recruitment

• Inclusion Manager or Equivalent

• Directorate’s Employee Assistance Provider

• The Australian Network on Disability Manager’s Guide on Disability (available in the

ACTPS Manager’s Toolkit

Other Resources Available

• Job Access (http://www.jobaccess.gov.au/)

• Job Access is an information and advice service funded by the Australian

Government. It offers help and workplace solutions for people with disability and

their employers.

• Employment Assistance Fund (https://www.jobaccess.gov.au/employment-

assistance-fund-eaf)

• The Employment Assistance Fund helps people with disability and mental health

condition by providing financial assistance to purchase a range of work related

modifications and services.

• Employment Assistance Fund Guidelines

(https://www.jobaccess.gov.au/employment-assistance-fund-eaf)

• The Employment Assistance Fund guidelines contain detailed information on the

Employment Assistance Fund including eligibility, the application process and the

documentary evidence required to support your application and reimbursement.

• Workplace Adjustment Tool

(https://www.jobaccess.gov.au/employers/available-support/196)

• The Workplace Adjustment Tool can assists in providing solutions and products to

ensure your workplace is accessible for people with disability and remove

barriers. Page 11 of 12

• The ACT Human Rights Commission (http://www.hrc.act.gov.au/)

• The ACT Human Rights Commission can provide individuals with further assistance

to understand their legal obligations under the relevant pieces of legislation. In

addition, the ACT Human Rights Commission can take complaints of unlawful

discrimination under the Discrimination Act 1991 (ACT).

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APPENDIX 4 - AUSTRALIAN NETWORK ON DISABILITY (2016) SHARING AND MONITORING DISABILITY INFORMATION IN YOUR WORKFORCE

Sharing and Monitoring Disability Information

in your WorkforceA Guide for Employers

May 2016

IN COLLABORATION WITH

ABOUTTHIS GUIDE

Nearly one in five Australians - over four million people - identified as having a disability in 2012.

Over two million people of working age (16-65 years) have disability, and over one million are already working. This means that almost 10 per cent of the workforce are already people with disability.1 Disability is likely to be present in your workplace and it may well be invisible. Many Australian employers are unsure about how to ask people about their disability status. A recent survey of members by the Business Council of Australia2 found that concerns about seeming discriminatory, invading privacy, not knowing how to ask and lack of internal know-how prevented companies from asking employees or applicants if they had disability.

The purpose of this guide is to:

• help you prepare before you ask;

• when to ask; and

• what to ask.

The advice is designed to help you get a higher response rate when you ask. We have consulted with the Australian Human Rights Commission during the preparation of this guide. The aim of the guide is to assist you to seek information from employees while complying with the Disability Discrimination Act.1 ABS 4430.0, Survey of Disability, Ageing and Carers, 2012.2 Business Council of Australia, Recognising Ability: Business and the

Employment of People with Disability, 29th October 2015.

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WHY ASK

WHAT GETS IN THE WAY AND WHAT HELPS

• People with disability are likely to be working in your organisation even if you don’t know it. Not knowing means they may not be receiving the workplace adjustments they need to stay supported, healthy and productive.

• Many of your existing workforce may also acquire illness, injury or disability as they age. The earlier the question is posed, the more likely that successful adjustments will be made, you can retain experienced and valuable staff, and avoid complaints about possible breaches of discrimination law.

• Knowing means you can measure diversity progress over time. Demonstrating that you are making progress to increase the number of employees with disability increases the chances you will attract the widest talent pool, including those with disability.

Some applicants or employees choose not to share information about their disability because they do not need a workplace adjustment or they believe their disability does not impact on their ability to perform the inherent requirements of the job. Others may choose not to share information, even if they require a workplace adjustment, for fear of negative repercussions.

Surveys undertaken in Australia, the US and UK consistently report fear of discrimination as a major reason for why people with disability choose not to share information3.

REASONS EMPLOYEES SHARE THEIR PERSONAL INFORMATION

REASONS EMPLOYEES DON’T SHARE THEIR PERSONAL INFORMATION

Require an adjustment to achieve their optimal productivity

Disability does not impact on their work

Workplace adjustment process was clearly communicated

Concern that disability is not well understood by manager and/or co-workers

Trust their manager Worry that they will be seen less favourably by their manager or overlooked for promotion or other development opportunities

A trusted intermediary said it was OK to share

Unsure why they were being asked/how the information would be used

3 See for example Shrader, Malzer, Erikson, Bruyere, Emerging Employment Issues for People with Disabilities, Cornell University, ILR School, Employment and Disability Institute, December 2011. SANE Research Bulletin 14: Working life and mental illness, August 2011.

WHAT THISGUIDE COVERS

05 WHY ASK

05 WHAT GETS IN THE WAY AND WHAT HELPS

06 BEFORE YOU ASK

08 WHEN TO ASK

10 WHAT TO ASK

11 WHAT NOT TO ASK

12 MEETING YOUR LEGAL OBLIGATIONS

14 WHERE TO GET MORE INFORMATION

15 ACKNOWLEDGEMENTS

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4 US Job Accommodation Network, Workplace Accommodations: Low Cost, High Impact, 1 September 2014.5 Suzanne Bruyere, Disability Disclosure in the Workplace: Building a Climate of Inclusion, AND conference, 19 May 2015.6 See Australian Network on Disability Managers’ Guide: Disability in the Workplace 2011 for more

Make it safe and easy for employees to share information – things to do:

Disability confidence: create a trusted, inclusive workplace and demonstrate you are disability aware

Sharing disability status is strongly tied to employee’s perception of the workplace generally - a more open and inclusive workplace is likely to build trust and create higher rates of disability information sharing.

“Communicate the fact that you expect ‘difference’ in the workplace – it is to be celebrated.”

Disability confidence involves having the right behaviours, attitudes, systems and knowledge to welcome and support employees with disability. It can be demonstrated by:

• Inviting people with disability to apply for positions

• Including disability in your diversity statement on your website and in other materials

• Regularly reporting on the proportion of people with disability in your workforce

• Creating accessible workplaces

• Providing flexible workplace policies

• Having fair systems to address complaints

• Regularly reminding staff of the internal and external resources available (your workplace adjustments policy, your Employee Assistance Provider and links to JobAccess and BeyondBlue).

• Providing access to disability awareness training for staff, including managers

• Fostering supportive supervisor-staff relationships

BEFORE YOU ASK

• Setting up a disability employee network within your organisation, preferably with a senior sponsor

• Profile employees with disability on your intranet or website, including senior managers

• Developing an Access and Inclusion or Disability Action Plan

• Celebrating significant days such as 3 December, the United Nations International Day of Persons with Disabilities.

For support on becoming disability aware and confident, see: AND www.and.org.au Job Access www.jobaccess.gov.au.

Build capability to make workplace adjustments

Facilitating adjustments for people with disability will make it easier for you to respond to your workforce as a whole and allow them to perform to the best of their ability. You should clearly promote the fact that you are making adjustments for people with disability. Workplace adjustments may include relocating someone closer to an accessible bathroom, installing a particular type of software or offering flexible work practices such as earlier start and finish times.

Reasonable workplace adjustments are explained in the Meeting Your Legal Obligations section below. Support to assess and provide help to make these adjustments is provided by the Federal Government via JobAccess. The Employment Assistance Fund helps people with disability by providing financial assistance to purchase a range of work related modifications and services. Assistance is available for people who are about to start a job or who are currently working, as well as those who require assistance to find and prepare for work. Contact them on 1800 464 800 or visit www.jobaccess.gov.au.

Brief and educate managers about disability

The managers role is crucial. US research shows that employees were at least 60 per cent more likely to share the fact they had a disability with a supervisor than the HR Department.5 Support managers to be disability aware and train them to confidently welcome and work alongside people with disability. Offer access to expert information, advice and support.6

Be clear about why you are asking: Understand the difference between monitoring for workforce data and assisting individuals with workplace adjustment

Workforce diversity data can be gathered as part of a regular staff engagement survey or a specific survey. Such surveys are usually anonymous (nothing on the form can be used to identify the person who completes it) and

are likely to lead to a higher response rate. The survey should provide enough information to monitor broad trends over time. Have systems set up to capture data and quickly report the results back to your workforce, the steps you are undertaking as a result, and the timeframe for implementing them. If you don’t have these in place, don’t ask.

Non-anonymous monitoring (e.g. asking employees to record they have a disability in the HR system) can provide more information to track progress over time such as participation in training, career progression and retention; and the proportion of staff with disability in different business units or divisions.

Both forms of asking must stress that participation is voluntary and confidentiality will be assured. Both may lead to individual requests for a workplace adjustment – and organisations need to be ready to respond to them.

Many larger organisations will use both and may well separately record and report on the proportion of employees with a workplace adjustment.

Communicate reasons widely

Tell employees why you are asking – reiterate the purpose is to encourage employees who need an adjustment to ask for it and to monitor your progress on disability and diversity. (See form of words in message from the CEO in What to Ask below).

Profile employees (including senior staff) who have been open with their information and what the benefits have been (e.g. they were able to ask for an adjustment to take part in a learning and development opportunity which later led to a promotion).

A US study of nearly 2000 employers found that 57 per cent said the accommodations or workplace adjustments cost absolutely nothing yet the benefits included improving retention of a qualified employee, increasing the worker’s productivity, and eliminating the costs of training a new employee.4

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WHEN TO ASK Applications, recruitment and selection

The obligation to make adjustments to accommodate disability commences when you advertise a role.

Job advertising or postings should be accessible and state that people with disability are welcome to apply. State also that adjustments will be provided through the recruitment and selection process to ensure people with disability can compete on a level playing field.

Ask everyone who you invite to an interview if they need any adjustments to participate in or complete the recruitment and selection process (including any telephone or face to face interviews or assessment centres).

Pre-employment medicals and other tests

Medical examinations of job applicants or employees must directly relate to the inherent requirements of the job. Physical tests should relate directly to specific work duties, such as lifting a certain weight. Psychological or aptitude testing need to also relate to the inherent requirements of the job. Such tests must be given to all applicants, not just those perceived to have a disability or injury. Inherent requirements are explained in the Meeting Your Legal Obligations section.

Job Offer

In the Letter of Offer, ask if adjustments are required to accommodate the applicant’s disability. If adjustments have been sought and confirmed, ensure they are in place from day one including any induction or training sessions.

Induction and Onboarding

Ask all new employees if they need any adjustments to learn or perform the job. They may have been unsure about requesting adjustments at the recruitment or offer phase or their circumstances may have changed. Failure to make reasonable adjustments once disability has been shared may trigger a disability discrimination complaint.

Performance Appraisal and Career Development

It’s good practice for managers to remind all employees that their organisation makes reasonable workplace adjustments to accommodate illness, injury or disability. Reasonable workplace adjustments should enhance employee performance and adjustments should continue to be offered and made during learning and development, promotion or transfer. If an employee shares disability related information during a performance meeting and asks for adjustments related to their disability, it is important to commence a reasonable adjustment process prior to further performance evaluation.

Staff engagement surveys

Remember disability is not static. Incorporating questions about disability in your regular staff engagement surveys is the simplest way to monitor and to capture progress over time. As with any staff survey, ensure you time the release appropriately (not during a restructure, during school holidays, end of financial or calendar year, close to an important project delivery milestone or other major deadline).

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WHAT TO ASK Ensure your questions are presented in an accessible format 7

Additional paragraph introducing an anonymous workforce survey:

We invite you to answer these questions. Your answers are anonymous and the results will not be attributed to you individually. However, if you would like to speak to anyone about this and/or to request a workplace adjustment which relates to your disability, please contact _____________________.

Additional paragraph introducing a request for employees to identify themselves as having disability:

We invite you to tell us if you have disability and would like this recorded in our HR system. If you would like to speak to anyone about your situation or to request a workplace adjustment which relates to your disability, please contact _____________________.

Sample Questions to include in Employee Survey

Do you have a disability?

Yes | No | Prefer not to say

Note: Disability includes physical, intellectual, psychiatric, sensory, neurological, learning disability, physical disfigurement and immunological - the presence in the body of disease causing organisms. Examples of disability include hearing speech or visual impairments (not corrected by wearing glasses or contact lenses); mental illness such as schizophrenia, depression and bipolar disorder; speech impairment such as stuttering; intellectual disability such as Down syndrome; others include arthritis, asthma, cancers, diabetes, dyslexia, epilepsy or facial disfigurement.

If yes, do you require adjustments to your working environment or arrangements?

Yes | No | Prefer not to say

(If you would like to speak to someone to request a workplace adjustment which relates to your disability, please contact______________.)

7 www.mediaaccess.org.au

WHAT NOT TO ASK Do not ask survey respondents to name their disability or nominate a category of disability. This is because:

• The name or category of disability is not relevant to their capacity to undertake the inherent requirements of the job.

• It can lead to unhelpful labels and stereotypes.

Have you already nominated as an employee with disability in our HR system?

Yes | No

If no, what is the main reason for not recording?

• Does not impact on my work

• Concerned I may be treated differently

• Concern it may disadvantage me now or in the future

• Other______________________________

• Prefer not to say

Sample Questions to include in Application Materials

Do you have a disability?

Yes | No | Prefer not to say

If yes, do you require adjustments to the application and selection process?

Yes | No | Prefer not to say

Example message from the CEO

We are committed to increasing the diversity of our workforce, including the number of employees with disability. These questions are voluntary and will help us make improvements over time and gauge how we are doing. We also want to ensure that people with disability are confident to make a request if they need a workplace adjustment to reduce a workplace barrier. You can find out more about our disability strategies and policies on our website (insert link to intranet or external site). The results will be published in our Annual Report and on our website so you will know our progress.

Sample Questions to include in Letter of Offer, Induction Materials

Do you have a disability?

Yes | No | Prefer not to say

If yes, do you require adjustments to your working environment or arrangements?

Yes | No | Prefer not to say

Note: Disability is a broad term and includes physical, intellectual, psychiatric, sensory, neurological, learning disability, physical disfigurement and immunological. Examples of disability include hearing speech or visual impairments (not corrected by wearing glasses or contact lenses); mental illness such as schizophrenia, depression and bipolar disorder; speech impairment such as stuttering; intellectual disability such as Down syndrome; others include arthritis, asthma, cancers, diabetes, dyslexia, epilepsy or facial disfigurement.

Note: Employers have a legal obligation to provide ‘reasonable adjustments’ to allow people with disability equal participation or equal performance at work. A reasonable adjustment is a necessary or appropriate modification or adjustment made to ensure or enable equal participation. It could be an adjustment to work hours, training or workplace equipment. For example an employee with physical disability may require modification of their desk/work area or an employee with vision impairment may require magnification of their computer screen.

• It is very likely to discourage people from sharing information.

Don’t use the words ‘disclosure’ or ‘declaration’ – it suggests that you think your employees have something to hide in relation to disability.

Don’t ask how they acquired the disability.

Note: Employers have a legal obligation to provide ‘reasonable adjustments’ to allow people with disability equal participation or equal performance at work. A reasonable adjustment is a necessary or appropriate modification or adjustment made to ensure or enable equal participation. It could be an adjustment to work hours, training or workplace equipment. For example an employee with physical disability may require modification of their desk/work area or an employee with vision impairment may require magnification of their computer screen.

Additional questions you may wish to ask

Have you already requested a workplace adjustment?

Yes | No

Have we made it?

Yes | No

Is it satisfactory?

Yes | No

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MEETING YOUR LEGAL OBLIGATIONS8 This guide is a practical approach to monitoring disability in your workforce. It is not a comprehensive guide to the Disability Discrimination Act. It is unlawful for an employer to discriminate on the grounds of a person’s disability:

• in offering employment, including the processes of determining who should be offered employment;

• in the terms or conditions of employment;

• by limiting opportunities for promotion, transfer or training, or to other benefits;

• by dismissing the employee; or by subjecting the employee to any other detriment

• to request information for an unlawful purpose – that is, in order to discriminate against the person.9

Definitions of disability in Australian law10 are very broad. The DDA definition includes physical, intellectual, psychiatric, sensory, neurological, learning disabilities, physical disfigurement and the presence in the body of disease causing organisms such as HIV/AIDS or hepatitis. It includes a person with invisible disability such as epilepsy or a depressive illness or a person who has had cancer. The DDA also covers people with disability who may be discriminated against because they are accompanied by an assistant, interpreter or reader; they are accompanied by a trained animal, such as a guide or hearing dog, or they use equipment or an aid, such as a wheelchair or a hearing aid. The DDA also protects people who have some form of personal connection with a person with disability like

8 www.humanrights.gov.au/our-work/disability-rights/guides/brief-guide-disability-discrimination-act9 Direct discrimination involves treating a person with disability less favourably than a person without disability in the same or similar circumstances. Indirect discrimination occurs

when there is a rule or policy that is the same for everyone but has an unfair effect on people with a particular disability.10 Disability Discrimination Act 1992.11 Fair Work Act 2009 (Commonwealth), section 351.

relatives, friends, carers and co-workers if they are discriminated against because of that connection or relationship. It is also unlawful to discriminate against someone because they previously had disability or will have in the future, or because it is thought that they have had, or will have, disability. State and Territory laws may also apply and employers are encouraged to check with the relevant body. More information is available on the Australian Human Rights Commission’s DDA Guide www.humanrights.gov.au/our-work/disability-rights/guides/brief-guide-disability-discrimination-act. Links to all State Anti-Discrimination Boards websites can be found at www.eoc.sa.gov.au/eo-resources/links/anti-discrimination-agencies.

Employers have a legal obligation to provide ‘reasonable adjustments’ to allow people with disability equal participation or equal performance at work. A reasonable adjustment is a necessary or appropriate modification or adjustment made to ensure or enable equal participation. It could be an adjustment to work hours, training or workplace equipment. An adjustment will not be reasonable if it imposes an ‘unjustifiable hardship’ on the employer. Under the DDA, it is not unlawful to refuse to employ or promote a person on the basis of their disability if they are unable to carry out the essential or ‘inherent’ requirements of the job, even with reasonable adjustments.

The Fair Work Act 2009 states that an employer must not take adverse action against an employee or prospective employee because of disability (or any other protected attribute, such as race,

sex, age). Adverse action includes such things as dismissing an employee, altering an employee’s position to their detriment or refusing to employ a prospective employee.11

Health and Safety

Employees with disability have the same rights and responsibilities as employees without disability when it comes to creating and maintaining a safe work environment. Employers and employees both have a duty of care to ensure a safe working environment for all staff. An employee is required to tell you about disability if it impacts on their ability to work safely.

When an employee shares personal information

Privacy legislation requires you to obtain consent from an employee to share the information about their disability with other people within your organisation (for example, staff in the human resource department). Usually it is not necessary to tell another member of staff the reason for an adjustment, simply that it is required in order for the employee to do their job. If it does cause discussion or disruption among the team it is important to talk to the employee with the adjustment about what information they might like to share, if any.

Federal government agencies, private sector business with a turnover of more than $3 million, health service providers and some small businesses are subject to The Privacy Act 1988. See OAIC Privacy Guide www.oaic.gov.au/privacy-law/privacy-act.

State and territory governments may also have privacy laws and employers are also advised to check these.

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WHERE TO GET MORE INFORMATION • Australian Network on Disability (AND) website plus resources:

Managers’ Guide: Disability in the Workplace, 2011; Beyond Recruitment, 2013. www.and.org.au

• Australian Human Rights Commission AHRC Website www.humanrights.gov.au

• Heads Up initiative and Mentally Healthy Workplaces Heads Up website www.headsup.org.au

• JobAccess www.jobaccess.gov.au or telephone 1800 464 800

• Victorian Equal Opportunity and Human Rights Commission See “Disability and Work Frequently asked questions.” www.humanrightscommission.vic.gov.au

• Links to all State Anti-Discrimination Boards www.eoc.sa.gov.au/eo-resources/links/anti-discrimination-agencies

• ‘Choosing Your Path. Disclosure: It’s A Personal Decision’ is a web based resource published by Western Sydney University and the University of Ballarat http://westernsydney.edu.au/choosingyourpath

ACKNOWLEDGEMENTS

Funding for this project was provided by the Australian Government Department of Social Services. The Australian Human Rights Commission and the Business Council of Australia provided valuable assistance.

A number of employers, people with disability and others also provided expert assistance and input to earlier drafts.

The guide also draws from research and expertise contained in the following:

Dr Susanne Bruyére from the Cornell University Employment and Disability Institute presentation to Australian Network on Disability Conference 2015, Disability Inclusion in the Workplace: Building a Climate of Inclusion which draws from extensive surveys and research undertaken in the US.

Helen Cook, “Openness: Understanding why students are reluctant to be open with employers about their disability” great with disability, March 2015. Online survey of ~1000 graduates with disability plus focus groups.

Employers’ Forum on Disability (now known as Business Disability Forum UK) “Monitoring for Change, A practical guide to monitoring disability in the workforce,” 2004.

Kate Nash, Secrets & Big News, April 2014. The book is based on a two year study about the challenges of disability ‘disclosure’ for employers and employees with disability. In total, 55 employers took part as well as over 2,500 of their employees who offered their views about what makes it hard to share personal information, as well as what makes it easier.

Social Firms Australia, Roles, Rights and Responsibilities Disclosure of Mental Illness in the Workplace, A Guide for Employers, 2010.

Geoff Waghorn, Helping people with severe and persistent mental illnesses manage their information, 2010 Presentation.

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AUSTRALIAN NETWORK ON DISABILITY SUITE 4.01, LEVEL 480 CLARENCE STREET, SYDNEY NSW 2000

1300 363 645

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