How local governments can increase the social and economic participation of people with disability Desktop Review

Prepared for the National Disability Insurance Agency

Inside front coverThis desktop review was written by the University of Technology Sydney Institute for Public Policy and Governance, following research which was grant funded by the National Disability Insurance Agency.

Citing this reportHunting, S.A., Pavkovic, I., Alvarez, T, Wortley, L., & Ryan, R. 2017. How local governments can increase the social and economic participation of people with disability: Desktop Review. University of Technology Sydney Institute for Public Policy and Governance, Sydney, NSW.

© University of Technology Sydney: Institute for Public Policy and Governance 2017

UTS CRICOS Provider Code: 00099F

Funded by the National Disability Insurance Scheme.

Visit www.ndis.gov for information

© University of Technology Sydney: Institute for Public Policy and Governance, 2016

UTS CRICOS Provider Code: 00099F

TABLE OF CONTENTS

Executive Summary 1Background and context 1Outline of desktop review 1Overall findings 2Next steps 4

1 Background to the desktop review 61.1 Overview of the project 61.2 This document 61.3 Methodology 71.4 Key terms and definitions 7

2 Literature review 112.1 Overview 112.2 Accessibility and inclusion within local government 112.3 Reducing barriers to inclusion and accessibility 212.4 Implications for Australian local governments 282.5 Barriers and enablers to local governments 29

3 Statutory review – international and national 393.1 Overview 393.2 International level 393.3 National level 403.4 Key findings and implications 45

4 Statutory review – states and territories 474.1 Overview 474.2 Australian Capital Territory 474.3 New South Wales 484.4 Northern Territory 504.5 Queensland 504.6 South Australia 514.7 Tasmania 524.8 Victoria 534.9 Western Australia 554.10 Key findings 56

5 Data analysis 585.1 Overview 585.2 Level of need and demand for disability services 585.3 Role of local government in providing information on assistance 595.4 The primary providers of assistance 605.5 Social and economic participation 625.6 Key findings 63

6 State of play in local government 656.1 Overview 656.2 Methodology 656.3 Activities of local government which support inclusion 676.4 Key findings 69

6.5 Barriers and challenges 756.6 Impact of each factor 76

7 Summary of key findings and next steps 787.1 Key findings 787.2 Next steps 80

TABLES

Table 1 Strategies to engage people with disability 16

Table 2 How local governments can support people with disability 36

Table 3 What may help or hinder local government’s support of people with disability 38

Table 4 Areas where barriers were experienced 41

Table 5 Proportion of people with disability by state and territory (%) 59

Table 6 Proportion of people with disability by remoteness (%) 59

Table 7 How did recipient find out about main formal assistance provider? (%) 59

Table 8 Who, excluding those living within the household, will provide support in a time of crisis? (%) 60

Table 9 Organisations contacted for assistance with at least one core activity in the last 12 months (%) 61

Table 10 Organisations contacted for assistance with at least one non-core activityin last 12 months (%) 61

Table 11 Organisations contacted for assistance with at least one non-core activity in last 12 months by remoteness (%) 61

Table 12 Labour force status and full-time/part-time status (%) 62

Table 13 Ability to use public transport (%) 62

Table 14 Reasons for inability to use some or all forms of public transport (%) 63

Table 15 Number of Local governments interviewed by ACELG local government categories 66

Table 16 Role of Local Government in supporting people with disability 68

Table 17 Impact of factors on local governments 76

Executive SummaryBackground and context Australia’s disability sector is undergoing significant reform with the implementation of the National Disability Insurance Scheme (NDIS). The NDIS is a new way of providing information, support and services to people with disability, their families and carers. It upholds the fundamental right of all Australians to fully participate in the economic and social life of the community.

The University of Technology Sydney Institute for Public Policy and Governance (UTS:IPPG) is undertaking a project to consider how local governments across Australia support the social and economic participation of people with disabilities, their families and carers. This project is funded by the National Disability Insurance Agency (NDIA) which is an independent statutory agency established to administer the NDIS.

The aim of this project is to map the regulatory and legislative responsibilities of local government. It will also investigate the activities which local governments across Australia currently deliver, enable or advocate for which drive social inclusion of people with disability in their localities.

The project will be implemented in six stages, which include:

Phase 1 – Project inception

Phase 2 – Desktop review

Phase 3 – Key stakeholder interviews

Phase 4 – Council case studies

Phase 5 – National online survey

Phase 6 – Further strategic engagement of local government stakeholders.

This desktop review provides preliminary insights into the current role of local government in supporting the social and economic participation of people with disability, their families and carers.

Outline of desktop reviewThis desktop review consists of the following elements:

Literature review – Identifies barriers and challenges for local government in supporting people with disability in Australian and internationally as well as characteristics of success in supporting inclusion at a local level and implications for the Australian context

Statutory review – Identifies key legislation which impacts the role of local government in supporting people with disability at a national, state and territory level

Data analysis – Examines data which assesses participation of people with disability in economic and social activities

State of play review – Provides a high - level overview of the local government sector and current achievements to support people with disability.

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Overall findings

Local governments provide a range of support to people with disabilityLocal governments play an important role in ensuring local infrastructure, services and community programs are accessible and inclusive and that their workforces reflect the diversity in their communities. This desktop review outlines how local governments across Australia provide and/or enable and/or advocate for a range of services and support for people with disability.

The desktop review demonstrates a range of initiatives and activities which local governments undertake to support people with disability. These include:

Providing services directly to people with disability, their families and carers – Local government play a critical role in role in providing services, including those which assist accessibility and inclusion of people with disability. Local governments often work in partnership to deliver these services

Enabling or facilitating services and access to services and facilities – Local governments enable and facilitate services or access to services and facilities in a multitude of ways including through the provision of financial assistance, referrals to appropriate services, establishing governance committees and undertaking research

Advocating for services or support – Local governments play a key role as advocates for inclusion and accessibility including raising awareness across the community and lobbying to establish specific programs or grants

Employing people with disability – Local governments provide a key source of employment for local communities, particularly in regional rural and remote areas

Providing accessible services and infrastructure – Local government integrate and embed inclusiveness and accessibility into planning practices and ensure essential services i.e. public toilets, footpaths etc. are accessible and usable for people with disability.

Local government operating contexts matter The desktop review clearly demonstrates that different local government operating contexts, such as state and territory legislation, level of remoteness and fiscal environment, impact on local governments’ role in supporting people with disability.

Different states and territories have implemented different legislation to determine the role of local governments in supporting inclusion of people with disability. Western Australia, Victoria and recently New South Wales state governments have all implemented legislation which makes disability inclusion and access planning mandatory at a local government level. Interestingly, where state/territory legislation does not exist, some local governments have developed inclusion and access standards independently.

In addition, population density and remoteness further impact on the role local governments play in supporting people with disability. Rural and remote local governments are less likely to have specific staff capacity and/or a smaller number of people in their community with disability which means there is less priority placed on the local government’s limited resources.

People living in different states and territories also have different levels of reliance on local government to provide assistance in everyday activities and support them during times of crisis.

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These differing operating contexts:

Provide insights into the varying enablers and drivers which influence local government to support people with disability

Indicate that local governments require tailored support and resources which take into account their operating context to ensure they can drive inclusion for people with disability.

The next phases of this research project will be an opportunity to gain a deeper understanding of the impact of operating contexts on local governments’ role in supporting people with disability, their families and carers.

Preliminary factors which drive and enable local governments to support people with disability There is a preliminary set of factors which drive and enable local government in supporting people with disability. They include:

Legalisation and regulations – Legislation creates a minimum standard which local governments meet. However, the effectiveness of legislation varies and appears to be dependent on how local governments actually implement/act on these minimum standards

Level of need within the community – Level of community need is the extent to which members of the community require support. Often local governments with an ageing population or with vocal community of people with disability develop policies and invest in ensuring provisions are inclusive and accessible

Local networks and connections – Networks and connections with non-government organisations enable local governments to better identify access and inclusion issues and helps them develop the capability and expertise to address these issues

Resources – The availability of resources to dedicate to access and inclusion is a key issue across all local governments. Larger local governments are able to leverage resources better and are often more likely to take a more proactive approach to address inclusion

Capacity and capability – In addition to resource availability, capacity and capability within local government to identify and address access and inclusion issues is a crucial factor

Community engagement – Community engagement and consultation is important to gather evidence on what access and inclusion issues exist and to develop appropriate responses.

The impact of these six factors is highly dependent on the operating context of local governments and will require further testing during the case study and survey phase of this project.

Challenges and barriers A range of challenges and barriers exist for local governments including resource constraints, attitudinal issues amongst staff, and the lack of knowledge and capability to ensure services are accessible and inclusive.

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There are also barriers and challenges which impact on how local governments develop policies and programs which support people with disability. These include:

The uncertainty regarding the impact of the NDIS on local government and on members of the community. This has also raised questions around funding and the role of local government in the disability sector

Lack of clarity around Local Environment Plans and the obligation of private developers to ensure buildings are accessible. This impacts how local governments assess accessibility compliance planning assessments

Lack of knowledge about how to upgrade heritage listed or older facilities due to lack of resources or how to respond to heritage-listing regulations

Lack of resourcing due to rate capping which impacts local governments’ ability to plan and resource inclusion and access programs and infrastructure upgrades

Lack of organisational capacity, capability and resistance towards improving access and inclusion

Locational disadvantage and geographic spread of the community impacts on the ability and availability to engage people with disability and limits service provision and collaboration between local governments and disability sector.

Next steps The next phases of this research project include key stakeholder interviews (with local government associations, disability policy experts and state government staff), case studies across Australia and a national survey of local government staff.

The next phases of research will test findings from the desktop review, address inconsistencies and consider new perspectives.

Test and build on findings from the desktop review The desktop review found that ‘place’ matters. This means that both the location and operational context impact local governments’ roles in supporting people with disability and the factors that drive and enable local government action in disability inclusion and access issues.

The next phases of the research project will test:

The extent to which ‘place’ matters and consider why place has such a significant impact

Whether the identified factors which enable and drive local government to support people with disability are supported by further evidence

The effectiveness of local government activities and initiatives which are intended to support people with disability.

Address knowledge gaps and inconsistencies There are a number of inconsistencies between data from the SDAC and the state of play review. Inconsistent findings which will be tested in the following phases include:

The role of local government as a key information source. Staff felt that local governments are important source of information for people with disability and the local disability sector however data from the SDAC did not confirm this

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Often SDAC data did not report on data specifically on local government. The next phases of the research need to explore more precisely the level of reliance people with disability and the disability sector have on local government

The role of state government agencies in supporting or driving local governments to take action on disability inclusion and access issues. Local government staff did not emphasise or discuss the role state government plays but it is likely that state agencies do also play a role in enabling or driving local responses by local governments.

Considering new perspectives The desktop review mainly relied on input from community development/community service divisions within local government and the next phases of the project will need to consider views from:

People with disability, their families and carers who can assess effectiveness of activities and initiatives of local government and describe their experiences engaging with local government

Disability non-government organisations who offer perspectives on the role local government plays in supporting local disability sector and their relationship with local government

State government staff who provide their perspective on the current role that state governments play in supporting local government in the implementation and delivery of programs and policies that aim to support people with disability

Local government senior leadership and staff from other divisions who will provide insights into the organisational approach local governments take to supporting people with disability, how they work/collaborate with their colleagues in the Community Development/Service divisions and what key organisational characteristics are important in supporting improvements in access and inclusion issues.

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1 Background to the desktop review1.1 Overview of the project The project researches the current involvement of local government in supporting people with disability, their families and carers to participate in the social and economic life of their community. This includes information, linkages and capacity building activities provided by local government in Australia for people with disability as well as identifying best practice and future opportunities to improve outcomes for people with disability within local government areas. The NDIA wishes to understand the current work occurring within local governments and how this can be leveraged to ensure outcomes can be replicated in other areas across Australia.

This research will support the Information, Linkages and Capacity Building Project/Local Government Interface which considers the role that the local government sector plays in supporting people with disability across the country.

1.2 This document As part of this project, the desktop review examines the underlying context for local government in Australia and how this enables inclusion of people with disability, their families and carers.

The aim of the desktop review is to map the regulatory and legislative responsibilities of local government and to investigate the activities which local governments across Australia deliver, enable, advocate for that drive social inclusion disability in their local communities.

The questions framing the desktop review are:

What is the statutory role of local government in supporting people with disability?

What services and programs do local governments provide, enable and or advocate for that support people with disability?

What is the potential role of local government in supporting people with disability?

What are the jurisdictional differences?

This document summarises and presents the findings of the desktop review. It also provides the findings of this stage of the research and a brief outline of next steps for this project.

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1.3 MethodologyThe desktop review methodology is shown below.

Literature review (Section 2) Identifies specific challenges which hinder local governments from supporting people

with disability in recent literature

Examines Australian and international literature to consider the components of success in supporting inclusion at all levels

Considers key lessons which apply to the Australian context

Statutory review (Section 3) Identifies and reviews key legislation, regulations and policies which relate to the overall

role of local government in supporting inclusion of people with disability

Reviews legislation at a national, state and territory level

Data analysis (Section 4) Presents and reviews the findings from the 2015 Survey of Disability, Ageing and Carers

Examines demographic data and considers disability by remoteness, state/territory and the impact on employment outcomes

State of play in local government (Section 5) Identifies how the local government sector is currently achieving outcomes for people

with disability, their families and carers

Is based on 46 short form interviews with staff from local governments across Australia

1.4 Key terms and definitions

1.4.1 DisabilityThe United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a legally-binding international agreement which expands on the rights presented in the Universal Declaration of Human Rights. The purpose of the CRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all people with disability and to promote respect for their inherent dignity. Under the CRPD, people with disability include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others1.

The CRPD has been signed by over 160 countries, including Australia. It sets out general and specific obligations for countries in relation to specific human rights and fundamental freedoms. These obligations aim to protect different types of rights: civil and political rights, economic, social and cultural rights, and rights to development.

1 United Nations, 2015, Convention on the Rights of Persons with Disabilities, available at: www.un.org/disabilities/documents/convention/convoptprot-e.pdfBACKGROUND TO THE DESKTOP REVIEW UTS:

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The concept of ‘disability’ has three interrelated elements:

Medical – Disability is the experience of physical or psychological differences, i.e. visual impairment

Societal – Disability is created when society assumes that everyone is fully functional and able-bodied and fails to account for the diversity in ability among the population

Activity limitation – Disability is a difficulty experienced by an individual in executing a particular task2.

The medical element of disability is the dominant definition adopted by government agencies. In Australia, the Australian Bureau of Statistics (ABS) defines disability using the medical model as a condition that impacts on a person’s mental, sensory, or mobility functions3. This includes physical disability such as respiratory disorders (asthma), neurological disorders (MS, cerebral palsy or epilepsy), musculoskeletal disorders (arthritis or spinal injuries), a number of immunological disorders (HIV/AIDS), as well as diabetes, kidney disease or cancer.

There is growing interest in the societal element of disability where disability resides in society and not in the person. The Swedish government’s definition adopts a societal focus whereby disability is created when a person with disabilities faces a barrier which hinders their full and effective participation in society on equal basis with others4.

The definition of disability is important for defining the scope and focus of disability support and programs.

Note: This report adopts a holistic definition of disability which incorporates the medical, societal and activity limitation elements.

1.4.2 Social exclusionExclusion means removal from a certain context, i.e. an activity, a group or sections of society, a physical space or area, etc., and may be physical or symbolic. Social exclusion is often marked by a feeling of uselessness and connected to a sense of inability to overcome the social, cultural and economic constraints that led to exclusion5.

According to the Centre for Analysis of Social Exclusion6, social exclusion is:

Relative to a particular group, society and/or point in time

Self- or other-imposed

A dynamic concept that includes present exclusion as well as a lack of hope for inclusion in the future.

2 Nilsson, E., 2013. Assessing virtual accessibility: Swedish municipality websites for persons with disabilities. Master’s thesis: Department of Government, Uppsala University Sweden. 3 Fitzgerald, B., Hawkins, W., Denison, T. & Kop, T. 2015. Digital Inclusion, Disability, and Public Libraries: A Summary Australian Perspective, In Accessibility for Persons with Disabilities and the Inclusive Future of Libraries.p.214.4 Ibid5 Kastenholz, E., Eusébio, C. & Figueiredo, E. 2015. Contributions of tourism to social inclusion of persons with disability, Disability & Society, 30 (8), pp. 1259-12816 See Barry, B. 1998. Social Exclusion, Social Isolation and the Distribution of Income, Centre for Analysis of Social Exclusion, London School of Economics, London

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Social exclusion is frequently linked to economic and material inequalities which provide a barrier to participation. However, other cultural, social and political factors are important, such as feeling accepted and feeling part of a society or a group7. Economic inequality relates to poverty (the outcomes of unequal access to material resources) whereas social exclusion results in unequal access to participation in society8. Disability, in addition to unemployment, poverty, criminality, and sexual, racial and ethnic and gender discrimination, is one of the most prevalent factors of social exclusion and it is generally associated with scarce social capital. In addition, people from diverse racial, gender and cultural backgrounds with disability may face ‘double discrimination’ in society9.People’s feelings are important factors in social exclusion10. Young people with high levels of support needs see social exclusion as the denial of their human rights i.e. their rights to be part of their community, to be free from prejudice, to communicate with others and to have choices in their lives. This contrasts with current policy agendas which may be more concerned with social cohesion and the threat posed to social stability by unemployment and poverty.

Note: In this report, social exclusion is used to indicate an individual or group’s removal from participation in the community, including physical, material and economic barriers, and an individual’s feeling of acceptance and being part of a group.

1.4.3 Inclusion and accessibilityInclusion and accessibility relate to the participation of people with disability in the community. Both inclusion and accessibility refer to the removal of barriers that may impede participation to increase quality of life11. Participation includes full citizenship, formation of social capital, and complete and rewarding social engagement12. Inclusion happens on an everyday or episodic basis, in informal or formal ways and on interpersonal, organisational, interagency, intergovernmental, and inter-sectoral levels13. The barriers to inclusion and accessibility may be physical; for example, stairs which prevent wheelchair access or lack of transport access; or cultural/social, for example, emotional and attitudes14.

Critically, local government plays a key role in building social cohesion by promoting values of diversity and inclusion across the community15. Social inclusion is a multi-dimensional process that drives equal opportunities for all, regardless of their background. It aims to create conditions which enable the full and active participation of every member of society in all aspects of life, including civic, social, economic, and political activities, as well as participation in decision-making processes16.

7 Kastenholz et al. 2015.8 Kenyon, S., Lyons, G. & Rafferty, J. 2002. Transport and social exclusion: investigating the possibility of promoting inclusion through virtual mobility. Journal of Transport Geography, 10, pp. 207-2199 Giddens, A. 2013. Sociology , 7 th Edition . Available at: www.polity.co.uk/giddens710 Morris, J. 2001. Social exclusion and young disabled people with high levels of support needs, Critical Social Policy, 21 (2), pp. 161-18311 Rodier, J. 2010. A Narrative Policy Analysis of the Accessibility for Ontarians with Disabilities Act, 2005: Exploring Implementation in Municipal Recreation. Master’s thesis: University of Waterloo, Canada12 Kastenholz, E., Eusébio, C. & Figueiredo, E. 2015. Contributions of tourism to social inclusion of persons with disability, Disability & Society, 30 (8), pp. 1259-1281.13 Rodier 2010. p.7914 Kastenholz, E., Eusébio, C. & Figueiredo, E. 2015. Contributions of tourism to social inclusion of persons with disability, Disability & Society, 30 (8), pp. 1259-128115 Hunting, S., Gibbs, M. & Ryan, R. 2015. Building Social Cohesion in our Communities: Summary Document, Australian Human Rights Commission, University of Technology, Sydney, June 2015, pp1-8. Available at: www.acelg.org.au/socialcohesion/16 United Nations Development Programme, 2009. Creating an Inclusive Society: Practical Strategies to Promote Social Integration. Available at: www.un.org/esa/socdev/egms/docs/2009/Ghana/inclusive-society.pdfBACKGROUND TO THE DESKTOP REVIEW UTS:

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1.4.4 Equity Equity refers to fairness in the distribution of gains and losses. In a community sense, it implies that everyone in the community should have equal access to resources and opportunities and that no individuals or groups should be asked to carry a greater burden than the rest of the community as a result of government actions. This is embedded in the Universal Declaration of Human Rights, which states that the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world17.

In the context of people with disability, equity is about all people, regardless of the ability, having the same chances, options, benefits and results. For access to services, especially those provided at a local level, it means that people with disability have the same opportunity to benefit from the way goods and services are provided as others. They should not have to make significantly more effort to access or obtain service. They should also not have to accept lesser quality or more inconvenience18. An inclusive and accessible society will permit equal opportunity for people with disability.

1.4.5 Universal DesignUniversal Design refers to a broad spectrum of ideas to produce accessible buildings, products and environments. It is defined by the CRPD as the design of products and environments to be usable by all people, to the greatest extent possible, without the need for adaptation or specialized design19. The aim of Universal Design is to recognise human diversity and find ways for all people to access and use environments and objects in inclusive ways20.

Visitability is an emerging term that incorporates Universal Design. It is defined as a change in home construction so that all houses make mobility easy and barrier free, whether residents have disabilities or not21.

17 United Nations 1948. Universal Declaration of Human Rights. Available at: www.un.org/en/universal-declaration-human-rights/ 18 Guide for the Accessibility Standards for Customer Service, 2008, p. 28 - http://www.accessibility.uwo.ca/doc/aoda/guide_to_the_accessibility_standards_cs_en.doc 19 United Nations, 2015, Convention on the Rights of Persons with Disabilities, www.un.org/disabilities/documents/convention/convoptprot-e.pdf 20 Burke, J., 2013, Just for the fun of it: making playgrounds accessible to all children, World Leisure Journal, 55(1), pp. 83-9521 Burns, K.K. and Gordon, G.L, 2010, Analyzing the impact of disability legislation in Canada and the United States. Journal of Disability Policy Studies, 20 (4), p. 212

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2 Literature review 2.1 OverviewThis section presents the findings from a review of the national and international literature on how local governments may support people with disability, their families and carers. The aim of the literature review is to identify specific barriers or enablers to local governments supporting inclusion and accessibility, including to consider:

What success looks like and the key elements which support inclusion at a local level

If there are any lessons or learnings which are applicable to the Australia context.

Local governments have a varied role in supporting people with disability and increasing accessibility and inclusion at a local level. In Australia, local governments may have specific plans for setting out goals, objectives and actions for the ways in which councils support people with disability in the community. In Victoria, the State’s Disability Act 2006, requires all public sector organisation, including local governments, to develop a Disability Action Plan (DAP) presenting strategies for access and inclusion. In Western Australia and New South Wales, state legislation requires all local governments to develop and implement Disability Inclusion and Access Plans (DIAPs). For ease of reference, this report refers to all specific disability plans by local governments as DIAPs.

This section illustrates the type of support and potential role which local governments play in Australia and overseas. It includes examples of actions in DIAPs or other strategies, policies and practices currently adopted by councils in Australia.

This section covers:

Accessibility and inclusion within local government (Section 2.2)

Reducing barriers to inclusion and accessibility (Section 2.3)

Implications for Australian local governments (Section 2.4)

Barriers and enablers to local governments (Section 2.5).

2.2 Accessibility and inclusion within local government Local governments provide a range of services to local communities, including infrastructure and maintenance, environmental services, and community programs. They are also often an important employer, particularly in regional, rural and remote areas. These services and employment opportunities need to be accessible and inclusive for people with disability. The ways in which local governments may achieve this are outline in the following sections.

2.2.1 Embedding access and inclusion across the whole of local governmentTo best support people with disability, local governments should embed access and inclusion across the organisation and all of their operations. Some local governments in Australia have identified a holistic approach to supporting people with disability as a strategic priority in DIAPs. For example, a primary objective of the Knox City Council Access and Inclusion Plan for People with Disabilities 2016 for organisational development is:

Embedding the principles of access and inclusion and striving for excellence across the organisation will enable Council to best meet the needs and promote the rights of people with disabilities in Knox22.

22 Knox City Council, 2016, Access and Inclusion Plan for People with Disabilities 2016 . At: https://www.knox.vic.gov.au/Files/Plans/Access_and_Inclusion_Plan_2016_PDF_copy.pdfBACKGROUND TO THE DESKTOP REVIEW UTS:

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However, many DIAPs still focus on disability specific actions, with particular emphasis on the built environment and planning, rather than social or organisational approaches23.

A holistic approach to supporting people with disability requires councils to embed principles of access and inclusion across the whole of organisation, not just in divisions or departments specific to disability. For example, compliance staff, environmental health officers and disaster respondents should incorporate access and inclusion considerations into decision-making, as well as town planners and customer service personnel. This may require an attitude change, or increased disability awareness in staff. Disability awareness training enable local governments to develop the capacity and knowledge needed to better support people with disability living in their community. This is discussed further in Section 2.5.6.

Specific ways in which access and inclusion can be embedded into local government practices are presented in the following sections. However, it is important that these approaches form part of a whole organisation response to achieve holistic access and inclusion.

2.2.2 Customer services and informationLocal governments provide customer service and information to communities via websites, telecommunications, in person, and other media; for example, social media, newsletters, etc. It is important that local governments have communication strategies which reach all people within the community, including those with disability24. This is included in the CRPD which outlines the right of people with disability to equal access to information.

Inclusive and accessible customer service is a common objective of DIAPs. For example, customer service is in objectives three to five of the City of Melville DIAP as follows:

People with disabilities receive information from the City of Melville in a format that will enable them to access the information as readily as other people are able to access it

People with disabilities receive the same level and quality of service from the staff of the City of Melville as other people receive from the City

People with disabilities have the same opportunities as other people to make complaints to the City of Melville25.

These objectives highlight three key ways in which local governments can ensure customer service and information are accessible and inclusive:

Information is presented in a format that can be read, heard and interpreted by all people

Customer service is inclusive, with all people in the community treated equally

All people have equal access to the council to make enquiries, suggestions or complaints, for example, physical building access, phone or email.

23 Our review of DAIPs found similar results to: McGrath, R., 2008, What Do They Say They Are Doing? Thematic analysis of local government Disability Action Plans, Annals of Leisure Research, 11:1-2, pp. 168-18624 Burns and Gordon, 2010, p. 21225 City of Melville, 2012, Disability Access and Inclusion Plan . At: http://www.melvillecity.com.au/newproxy/service/api/node/workspace/SpacesStore/65eaa0a6-0c35-4d81-8e26-bd077403f348/Disability%20Access%20and%20Inclusion%20Plan%202012-2017.pdf/content/Disability%20Access%20and%20Inclusion%20Plan%202012-2017.pdf

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Appropriate training for customer service, IT and marketing/communications staff is important to achieve accessible and inclusive customer service and information provision. This is highlighted in the key actions in some local governments’ DIAPs:

In the City of Melville, all staff are to be trained in Customer Service Level Three training that covers National Relay Service26

In the City of Port Phillip, the City will develop information and provide access awareness training to frontline staff27

In the City of Gold Coast, they will provide information and training to Council staff responsible for producing documents so they understand that design and layout can have a big effect on the accessibility of the documents they produce28.

Increasingly, local governments in Australia and around the world are transitioning to e-government models. E-government uses IT and electronic formats to provide government services to the community. The aim of e-government is to improve the efficiency, effectiveness, transparency and accountability of government so that people will rarely need to queue in government departments, agencies or offices but will be able to conduct their business by connecting to a given website29.

Given the shift to e-government, it is particularly important that local governments ensure online services are accessible to people with disability, as well as other forms of communication. The UN provides Web Content Accessibility Guidelines (WCAG) for member states to adjust government websites so that they comply with the CRPD. However, studies of local government websites from Sweden30, China31, Turkey32 and Northern Ireland33 found that very few local government websites met the accessibility criteria of WCAG.

In Australia, the Disability Discrimination Act 1992 obliges councils to ensure that information and services available on council website are available to people with disability. To meet these obligations, councils may undertake a number of measures, including ensuring websites meet WCAG standards. For example, Randwick City Council is undertaking steps to meet the following criteria:

Full and complete adherence to the principles of accessible, interoperable and usable web design as specified by the WCAG

The delivery of web pages constructed of 100% valid XHTML (extensible Hypertext Mark-up Language)

The delivery of web pages styled with 100% valid CSS (Cascading Style Sheets).

26 City of Melville, 2012, p.1727 City of Port Phillip, 2013. City of Port Phillip Access Plan. At: www.portphillip.vic.gov.au/Access-Plan-2013-2018.pdf 28 City of Gold Coast 2014. Accessible and Inclusive City Action Plan 2014-2019 . At: www.goldcoast.qld.gov.au/documents/bf/accessible-inclusive-city-action-plan.pdf 29 Yigitcanlar, T. 2003. Bridging the gap between citizens and local authorities via e-government. Symposium on E-government, 10-12 May 2003, Muscat, Oman.30 Nilsson 2013.31 Shi, Y. 2007. The accessibility of Chinese local government Wed sites: An exploratory study. Government Information Quarterly, 24, pp. 377-40332 Akgül, Y. and Vatansever, K. 2016. Web content accessibility of municipal websites in Turkey. Journal of Advances in Information Technology, 7 (1)33 Paris, M. 2002, Website accessibility: A survey of local e-government websites and legislation in Northern Ireland. Universal Access in the Information Society, 4(4), pp. 292-299BACKGROUND TO THE DESKTOP REVIEW UTS:

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In situations where the online format cannot be made accessible, the councils provide information documents in Adobe Portable Document Format (PDF)34. The City of Banyule in Victoria continually assesses accessibility standards and makes changes as required to ensure the website maintains compliance35.

The City of Bayswater in Western Australia takes a different approach. It links users to BrowseAloud, a speech enabling service that reads text aloud while highlighting the content of the website36. These examples demonstrate how councils have made progress to ensure website accessibility. However, a recent study from Western Australia found that public library websites (run by local governments) were not compliant with the WCAG37.

If local government websites do not meet accessibility guidelines, this presents a barrier for inclusion of people with disability which may be exacerbated by the increased adoption of the e-government model. This can be framed in the context of the ‘digital divide’. The digital divide refers to the exclusion of those with limited access (either through physical limitations or skills) to technology and this results in a gap between citizens and local governments that may occur with a move to e-government38. This may be due to physical limitations, as well as skill level and limited financial resources. People who live in rural or remote areas may face further connectivity barriers.

2.2.3 Employment within local governmentLocal governments provide a key source of employment for local communities, particularly in regional rural and remote areas. Local governments in Australia and in many other countries are required by law to prevent disability discrimination in employment. Local governments may also have a required number of positions to be filled by people with disability.

In Queensland, Brisbane City Council developed the disABILITY at Work employment program which aims to help make Council a more disability-confident organisation. Seventeen participants with a range of disabilities took up temporary employment with Council for sixteen weeks. Participants were provided with support to adjust to the workplace and to develop skills that would help them find further employment. Eight went on directly to further employment, three continued with tertiary study and four are actively seeking work39.

Local government DIAPs commonly incorporate the employment of people with disability within the organisation as a key objective. Actions involve encouraging people with disability to apply for positions and ensuring workplaces are accessible40.

An example from the UK indicates that setting employment targets and encouraging applications may have limited success on their own. The Local Public Service Agreement

34 Randwick City Council 2016. Web accessibility . Available at: www.randwick.nsw.gov.au/about-council/administration/web-accessibility 35 Banyule City Council 2016. Accessibility . Available at: www.banyule.vic.gov.au/System/Accessibility 36 City of Bayswater 2016. Access and Inclusion (Disability) . Available at: www.bayswater.wa.gov.au/about-bayswater/access-and-inclusion-disability37 Fitzgerald et al., 201538 Yigitcanlar, 2003,39 BCC (2015, At https://www.brisbane.qld.gov.au/community/community-support/disability-access-inclusion/council-wins-awards-access-inclusion#140 For example: City of Fremantle (2016) City of Fremantle Access and Inclusion Plan 2016–2020. At: https://www.fremantle.wa.gov.au/sites/default/files/2016-2020%20Access%20and%20Inclusion%20Plan%20-%20A4%20DIGITAL_0.pdf

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(LPSA) sets targets for employment of people with disability in the UK. The LPSA applies to employment of people with disability in general; however, it is expected that local governments as a local employer may lead by example.

A recent study of the LPSA found that the rate of employment for people with disability in the local governments was well below the target, with the number falling steadily in recent years. This was despite staff disability awareness training and encouragement of people with disability to apply for vacancies. The decrease in employment was due to attitudes and perceptions within the local government over what people with disability were capable of and their potential to contribute to society41.

2.2.4 Inclusion in local political and democratic processes As citizens, people with disability have the right for civic and political participation. The CRPD identifies the right to participate in the political life of the community alongside other citizens as one of the components of full and effective participation and inclusion in the community. In Australia in 2009, the Social Inclusion Board identified the capacity to influence decision-makers on issues of community importance as an indicator of social inclusion42.

For local governments, inclusion of people with disability in local political and democratic processes involves engagement in decision-making and political representation. People with disability need to be included in community engagement and consultation process. This relates to decisions regarding disability services accessibility and inclusion as well as all decisions involving community engagement.

Research has found that health status (including disability) is a factor which affects the extent to which groups and individuals take up consultative opportunities offered by the local governments43. The engagement strategies commonly used by local governments included surveys, focus groups, public meetings and submissions. Methods to engage people with disability include:

A variety of publicity mediums (local newspaper, local radio, pamphlets, websites and libraries)

Using existing networks to make contact, including hiring service providers to make contact

Both formal and informal consultation methods

Providing access though council transport, appropriate venues, help to fill in questionnaires

Adapting information, including braille and large print44.

Local government DIAPs include targets and actions for access and inclusion of people with disability in decision-making. Table 1 provides examples from Adelaide City Council’s Access and Inclusion Strategy about the measures taken to engage people with disability in decision-making.

41 Piggott, L., Sapey, B. & Wilenius, F., 2005, Out of touch: local government and disabled people's employment needs, Disability & Society, 20:6, 599-61142 In Frawley and Bigpy 2011. p.2743 Brackertz, N., Zwart, I., Meredyth, D. & Ralston, L. 2005. Community Consultation and the ‘Hard to Reach’: Concepts and Practice in Victorian Local Government. Institute for Social Research, Swinburne University of Technology, Hawthorn44 Ibid.

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TABLE 1 STRATEGIES TO ENGAGE PEOPLE WITH DISABILITY

STRATEGY TIMELINE TARGET AND MEASURES

Ensure that engagement occurs early in the development of council projects or proposals

2013-2016 Case study prepared for Community Engagement Toolkit

Utilise an Accessible Events Checklist for all engagement meetings and workshops

2013-2016 Accessible Events Checklist included in the Community Engagement Toolkit

Case study prepared

Support the Access and Inclusion Advisory Panel

2013-2016 Access and Inclusion Advisory Panel established

Minimum quarterly meeting of the Access and Inclusion Advisory Panel

Membership attendance at meetings

Number of projects presented to the panel for comment annually

Work with the community and disability sector partners to make best use of new and emerging technology that enables participation (as well as maintaining opportunities for face-to-face feedback and interaction)

2013-2016 Examples of where new and emerging technologies have been utilised

Work with the community and disability sector partners to advocate for access and inclusion outcomes in the City, beyond the services and infrastructure delivered and managed by us, by providing information and support

2013-2016 Evidence of advocacy

Ensure that consultation occurs with a diverse range of disability representatives

2013-2016 Stakeholder list compiled for Community Engagement Toolkit

Evidence of engagement with a range of disability stakeholders

Source: Adelaide City Council’s Access and Inclusion Strategy (p.12).

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The City of Port Phillip established a network of interested people available for consultation about access and inclusion with regard to council plans, strategies and activities. Council provided the network with relevant documents in accessible formats as identified by the individual members. Feedback is provided electronically or by telephone conference or other requested methods allowing for people of all abilities to contribute to Council’s consultation processes45. This approach is also used at the City of Whittlesea with the Whittlesea Disability Network46.

Advisory boards or groups are a common means of engaging of people with disability in decision-making. For example, the Townsville Inclusive Community Advisory Committee is a peak body of community representatives that provide advice to Council on current and emerging social and community planning needs and opportunities and policy matters47. At Knox City Council, Victoria, the Knox Disability Advisory Committee was established in 1999 to advise Council on issues that impact on the lives of people who experience disability including mental illness and to promote a greater awareness and understanding in the local community of social inclusion. The committee also played a key role in the development, monitoring and review of the Knox Access and Inclusion Plan48.

In Denmark, local governments are required to establish disability councils, where half of the members are from disability organisations and half are municipal politicians or civil servants. The disability councils aim to involve organisations of people with disability in local decision-making and to ensure qualified advisory service for decision-makers and administration in the field of disability49.

Although councils have strategies for engaging hard to reach groups, implementation may be limited due to time, resources or, in some cases, expertise to consult. Effective community consultation around some issues and with particular groups often proves time consuming and is resource-intensive, meaning the practices are sometimes recognised as second best50.

People with an intellectual disability may be a particularly hard to reach group. The inclusion of people with intellectual disability in participatory forums is a relatively new phenomenon. The view was often held that ‘others’, including parents, carers, advocates or service providers, were better placed to represent them. Concern was expressed not only about their ability to participate but also how these people represented the views of people with an intellectual disability51.

People with an intellectual disability face a number of barriers to participation in advisory boards, including long meetings, the failure to translate agendas, minutes, and other documents into plain English and being inadequately briefed on the issues to be discussed at meetings.

45 City of Port Philip (2013) 46 City of Whittlesea, 2015, Whittlesea Disability Network (WDN), available at: https://www.whittlesea.vic.gov.au/community-services-and-health/disability-services/whittlesea-disability-network 47 City of Townsville, 2016, Inclusive Community Advisory Committee, available at: https://www.townsville.qld.gov.au/about-council/council-meetings/advisory-committees/inclusive-community-advisory-committee 48 Knox City Council, 2016, Knox Disability Advisory Committee, available at: https://www.knox.vic.gov.au/Page/Page.aspx?Page_Id=1568 49 Priestly, M., 2008, Synthesis report on disability mainstreaming in the 2008-2010 National Strategy Reports for Social Protection and Social Inclusion (NSRs). Report prepared for the Academic Network of European Disability experts (ANED), University of Leeds, UK http://www.disability-europe.net/content/aned/media/ANED%202008%20NSR%20disability%20synthesis%20report%20SPSI%20-%20311008.pdf50 Brackertz, N., Zwart, I., Meredyth, D. and Ralston, L., 2005, Community Consultation and the ‘Hard to Reach’: Concepts and Practice in Victorian Local Government. Institute for Social Research, Swinburne University of Technology, Hawthorn51 Frawley, P. and Bigby, C., 2011, Inclusion in political and public life: The experiences of people with intellectual disability on government disability advisory bodies in Australia. Journal of Intellectual & Development Disability, 36 (1), pp. 27-38BACKGROUND TO THE DESKTOP REVIEW UTS:

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Some advisory board participants with intellectual disabilities face intangible difficulties associated with the way they feel they are perceived by other members or secretariat staff. They may feel disillusioned at the degree of power accorded to the advisory body and themselves as members. Participants who are more positive about their experiences on advisory boards feel that other members have a positive regard for their capacity and potential to contribute to the business of the advisory body52.

Citizens’ assemblies have also been used to engage people with disability in decision-making. In an example from Brazil, a Participatory Budget (PB) was established in São Paulo municipality. The PB involved a citizen’s assembly to incorporate citizen’s priorities for use of the city’s revenues, including mechanism to incorporate historically disadvantaged groups. In São Paulo. The PB methodology required participants who self-identified as members of any of the disadvantaged segments (including people with disability) to require fewer votes to become PB representatives. This gave people with disability the legitimacy and resources to effectively influence policy at the local level directly for the first time. It has been subsequently recommended as a model for including persons that are more consistently excluded from the mainstream political arena53.

Citizen participation is also about the opportunity for political representation. People with disability are poorly represented in elected parliament at any level in Australia. From Norway, a 2013 study found that people with disability are similarly under-represented in local political assemblies and therefore their political citizenship is not fully acknowledged. The analysis showed that neither the physical conditions nor the organisation of meetings is particularly well adapted for people with disability54. Given the low level of representation in local governments across Australia, these findings may also be relevant to the Australian context.

2.2.5 Provision of disability servicesLocal governments have varying degrees of jurisdiction over the provision of disability services. Local governments in other countries have different levels of autonomy and responsibility for disability services compared to Australia and there are also differences between local governments within Australia. The legislative framework regarding the provision of disability support by local governments in Australia is presented in Section 3 of this report.

This section provides an overview of the types of services that local governments may provide but excludes services which are not relevant for the Australian context such as school education.

In Australia, local governments do not have jurisdiction over health services and are not generally sole providers of disability services. However, local governments do play a critical role in providing community services, including those which assist with accessibility and inclusion of people with disability. Local government may also work in partnership with disability service providers and help connect people with disability to their services. For example, the Lismore City Council website provides information on a Disability and Aged Information Service which provides information and advice on supports and services for people with disability55.

52 Frawley and Bigby , 2011, 53 Hernandez-Medin, E., 2010, Social inclusion through participation: the case of the participatory budget in São Paulo. International Journal of Urban and Regional Research, 34(3), pp. 512-53254 Guldvik, I., Askheim, O.P. and Johansen, V., 2013, Political citizenship and local political participation for disabled people, Citizenship Studies, 17:1, 76-9155 Lismore City Council, 2016, Access , available at: http://www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-MBO-63-57-28

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Disability services may not only apply to people with disability but may be in the form of respite or assistance for carers. Local governments in Victoria administer Disability Respite Services. These services are provided by local governments through the Federal Home and Community Care (HACC) funding in conjunction with the state government funds with 60% federal and 40% state government funding. The parents of a child with a disability can self-refer to the local government or a health care worker or other therapist or professional can make the initial introduction. The client then receives a number of hours of in-home respite, depending on the child’s needs and the family’s situation, at a highly-subsidised cost56.

Local governments may also provide training for care staff such as that provided by Bass Coast Shire Council in Victoria57 and community programs such as Meals on Wheels and Men’s Sheds. Men’s Sheds are offered by local governments across Australia to provide opportunities for men to participate in a social environment around an activity such as woodwork, pottery, gardening etc. Although not specifically targeted at people with disability, there has been a deliberate attempt by some Australian health and social practitioners to support the social integration of men with lifelong disabilities through their local sheds. A recent study of the benefits of Men’s Sheds found that not only do they lead to improved mental well-being but they provide mentoring programs for younger men with learning and behavioural difficulties and men with disability or mental health problems58.

Local governments in rural and remote areas may play a more significant role in disability support services compared to their urban counterparts. Access to therapy services for people with disability in rural and remote areas in New South Wales has three barriers:

Waiting a long time to get therapy

Travelling to access therapy

Limited access to therapy past childhood.

As such, a person centred and place-based approach to overcome these barriers is required, including building on existing service delivery models and working with local governments to extend the support available to a person with a disability in a rural/remote location59.

Some overseas examples of local government service provision for people with disability may provide some insights for the Australian context. Sweden is well recognised for the high level of support and disability programs offered by local governments. This is provided for under the Act on Support and Services for Persons with Certain Functional Impairments (LSS). The LSS describes ten different forms of support:

1. Personal assistance

2. Companion service

3. Contact person

4. Home respite service

5. Short stay away from home

6. Short period of supervision for school-children over the age of 12

56 Stevens, C.S., 2010, Disability, caregiving and interpellation: migrant and non‐migrant families of children with disabilities in urban Australia, Disability & Society, 25 (7), pp. 783-79657 Angley, P. and Newman, B., 2002, Who will care? The recruitment and retention of community care (aged and disability) workers. Brotherhood of St Laurence: Melbourne, Victoria. 58 Wilson, N.J. and Cordier, R., 2013, A narrative review of Men’s Sheds literature: Reducing social isolation and promoting men’s health and well-being. Health and Social Care in the Community, 21(5), pp. 451-46359 Dew, A., Bulkeley, K., Veitch, C., Bundy, A., Gallego, G., Lincoln, M., Brentnall, J. and Griffiths, S., 2013, Addressing the barriers to accessing therapy services in rural and remote areas. Disability and Rehabilitation, 35(18), pp. 1564-1570.BACKGROUND TO THE DESKTOP REVIEW UTS:

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7. Children’s residential homes

8. Adults’ residential homes

9. Counselling and other personal support

10. Daily activities60.

In 2008, it was reported that just over 58,700 individuals received one or more LSS services from local governments with roughly 6,700 individuals granted counselling and other personal support.

A comparative study of social services provided by local governments in Sweden, Spain and England identified other potential lessons for other local governments61. The Swedish approach is underpinned by the premise that as normal a life as possible for the person with a learning disability should be achieved. Consequently, services are highly individualised, localised and community based with more formal services such as employment projects designed to enable individual objectives to be met. There is also equal access to welfare services offered by society to all citizens. Personal assistance was provided by Swedish municipalities as a sum related to the support needs of people with disability i.e. a kind of flexi-budget. Quality is considered important and it is accepted that community services are overall costlier but also more cost-effective than institutionalised provisions. The high degree of financial autonomy of Swedish municipalities means that only on rare occasions was economic support channelled from a national to local level.

Overall, the comparative study identified some key lessons:

The equality and inclusion of people with learning disabilities can most readily be achieved by managers and practitioners working in valued ways with people with learning disabilities themselves, through respecting diversity and difference, with inclusive practice the basis for the inclusion of people with learning disabilities in communities and society more widely62.

The Assistance for Independent Living provided by the Sofia City Council in Bulgaria is an innovative example of high-level disability support offered by local governments63. It offers people with certain levels of disability the opportunity to have up to 300 hours paid assistance per month. The aim of the program is to help reduce the risk of social exclusion and promotes active inclusion.

Assistance for Independent Living is provided to clients free of charge with eligible persons required to re-apply each year. The funds are provided annually from the municipal budget. Each year, the funding is based on demand forecasts for the next year and a report on the activities of the previous year. Clients choose their own personal assistants and can use up to five assistants to help them but only one assistant can help at a time. Clients manage the

60 Danermark, B., and Bolling, J., 2009, Report on the social inclusion and social protection of disabled people in European countries Country: Sweden. Academic Network of European Disability experts (ANED) www.disability-europe.net/content/aned/media/SE-10-ANED%202009%20Task%206%20Request-9B-Country%20update%20SPSI%20-%20approved%20final.pdf61 Cambridge, P and Ernst, A., 2006, Comparing local and national service systems in social care Europe: framework and findings from the STEPS antidiscrimination learning disability project, European Journal of Social Work, 9 (3), pp. 279-30362 Cambridge, P and Ernst, A. 2006. p.301.63 Cities for Active Inclusion 2011. Social innovation case study: Sofia - The assistance for independent living service. www.eurocities.eu/Minisites/NLAO/2011%20docs/Case%20study_Sofia.pdf.

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working hours and activities of the assistants and can propose a termination of a contract by writing to the municipality. Clients mostly use the assistance to help with shopping, preparation and serving of food, cleaning the home and accompanying the client on visits to the health centre or hospital, as well as helping clients to maintain social contacts.

In a study of the program, the following positive changes were identified through a survey of client satisfaction:

Clients felt good at home and out

Clients felt secure

Clients were enabled to do much more now

Clients had increased access to more places

Clients enjoyed a richer social life64.

This example of grants-based support may be particularly relevant for Australia with the roll out of the National Disability Insurance Scheme.

2.3 Reducing barriers to inclusion and accessibilityLocal governments may play a key role in reducing barriers to inclusion and accessibility in the local community for people with disability. This includes physical barriers such as stairs that prevent wheelchair access and lack of transport access or cultural or social barriers. This section includes examples of how local governments may help remove these barriers.

2.3.1 TransportFor people with disability, transport can provide a significant physical barrier to access and inclusivity6566. In Australia, public transport is under the jurisdiction of state governments apart from in Queensland where responsibility for public transport is shared with local governments.

Brisbane City Council is responsible for the cities bus network and equitable access to public transport for all Brisbane residents and visitors is a key objective of the Brisbane City Council Access and Inclusion Plan67. City of the Gold Coast is implementing a City Bus Stop Upgrade Program which includes a website locating all accessible bus stops and contacts for reporting access issues or damage68. The City also conducts training for bus drivers regarding access and inclusion, including driver awareness, driving style, and understanding of barriers for people with disability, such as people using assistance animals.

Local authorities from other Australian states may offer community transport options to cater for people with disability. For example, the City of Mitcham in South Australia provides a community bus and personal transport at a small cost to people with disability or the elderly. Both transport options are operated by volunteers, supported by federal and state funding69. Similar services are available through many other local governments.

Disability parking spaces/permits are also provided by local governments in Australia to support access and inclusion. Some councils also provide on-ground mobility options such as electric

64 Cities for Active Inclusion 2011.65 Kenyon, S., Lyons, G. & Rafferty, J. 2002. Transport and social exclusion: investigating the possibility of promoting inclusion through virtual mobility. Journal of Transport Geography, 10, pp. 207-219.66 Battellino, H. 2009. Transport for the transport disadvantaged: A review of service delivery models in New South Wales Transport Policy Special Issue International Perspectives on Transport and Social Exclusion 16: 3: 90-9667 Brisbane City Council 2012. Brisbane Access and Inclusion Plan 2012-2017. Available at: www.brisbane.qld.gov.au/sites/default/files/20141806_-_access_and_inclusion_plan_2012-2017_full_document.pdf 68 City of Gold Coast 2014. p.41.69 City of Mitcham 2016. Community Transport . Available at: www.mitchamcouncil.sa.gov.au/communitytransport BACKGROUND TO THE DESKTOP REVIEW UTS:

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scooters and recharge points. The RECHARGE Scheme partners with local governments to provide recharge points across the urban area and participants include the City of Stirling in Western Australia, Wagga Wagga City Council in New South Wales, Sunshine Coast Council in Queensland, and many others70.

Physical transport may not be the only solution to overcoming transport barriers. Information and communications technologies can also provide virtual mobility and an Internet-based increase in accessibility could be a viable alternative to an increase in physical mobility71. However, virtual mobility would require consideration of potential barriers to accessing web-based information, as discussed in Section 2.2.2 – Customer service and information.

2.3.2 Built environment Accessibility of the built environment, through building access and housing can often be influenced by local governments. Building regulations, zoning laws and accessibility standards may be enforced by local governments to ensure people with disability have access to public building and suitable housing.

Affordable and accessible housing has received considerable attention. A study of affordable housing for vulnerable communities (including people with disability) in northern New South Wales found that:

Local government has a genuine capacity through partnerships with the other spheres of government as well as with private sector community housing and property developer interests, to play a key role in developing sound affordable housing strategies, partnerships and practical projects to deliver appropriate and affordable housing to those in need in local communities72.

The Northern Rivers Regional Access Forum (a partnership of eight councils in northern New South Wales produced a free guide to help tradespeople meet disability access specifications. The booklet outlines minimum requirements for renovators, builders and developers to make the built environment more accessible, both in homes and commercial settings. It includes specifications for ramps, pathways, steps, bathrooms, toilets, doors, furniture, fittings, shelves, tables, seating, kitchens and signage73.

Across Australia, there are many different standards and strategies used for accessible housing. For example, Kogarah Council in NSW exempts developers from certain conditions if they build 50% adaptable housing in any new development in approved zones74. The diversity of mechanisms for the built environment in Australia includes:

Since 2002, the Australian Capital Territory has had provisions that 10% of all new, multi-unit developments must be adaptable

Victoria’s ResCode relates to accessible multi-unit developments

70 See: www.rechargescheme.org.au/ 71 Kenyon et al. 2002.72 Tiley, I. & Hil, R. 2010. Affordable housing: What role for local government? Australasian Journal of Regional Studies, 16 (2), pp. 267-277.73 Northern Rivers Regional Access Forum n.d.. The ‘tradies’ guide to good access. Available at: www.lismore.nsw.gov.au/page.asp?f=RES-KRJ-72-56-37 74 Scotts, M., Saville-Smith, K., & James, B. 2007. International trends in accessible housing for peoplewith disabilities. Available at: thehub.superu.govt.nz/sites/default/files/working-paper-2.pdf

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South Australia has a requirement for one accessible unit in any development over 20 units

Adaptable housing features have been incorporated into new Tasmanian public housing since 2001

In New South Wales, local governments require developers to include a proportion of accessible and adaptable homes to be built within any housing development over a certain number of units

The City of Melbourne has visitable and accessible building requirements

Willoughby Council in New South Wales requires one in nine units to be accessible in any developments of over nine units75.

At the planning level, the Health Impact Assessment (HIA) approach has been trialled in the development of a regional planning instrument in Queensland76. The aim of the HIA process is to better consider health and equity in regional planning, including the impact of planning decisions on people with disability. The process includes six steps of screening, scoping, identification, assessment, decision-making and recommendations and evaluation. The impact on people with disability was considered at each step. This approach has since been recommended for developing inclusive planning instruments which consider health consequences in other regions.

Local governments may also support access and inclusion in the built environment by providing grants for upgrading community facilities. For example, in 2015-2016 Brisbane City Council allocated a total of $702,726 to 22 organisations for projects such as:

Disabled toilet and wheelchair access in the Annerley Baptist Church

Installation of a lift in the Grange Thistle Soccer Club

Car park ramps, paths and stair lift for people with disability77.

Brisbane City Council also implemented an award-winning advertising campaign to raise awareness of a braille trail built in the city centre. The campaign encouraged the public to keep the trail clear for people with vision impairment who use it to navigate through the city. It involved trail signage, advertising posters and a social media campaign which resulted in a massive response on Facebook, Twitter and Council's website78.

MLAK Keys are an innovative access solution used by multiple local governments, including Lismore City Council and Lake Macquarie City Council. MLAK Keys use a universal lock and key system to allow people with disability 24-hour access to public facilities, for example, disabled toilets. A letter from a doctor is required to be eligible for a key and they may incur a small cost7980.

75 Ibid76 Gunning, C., Harris, P. and Mallett, J. 2011. Assessing the health equity impacts of regional land-use plan making: An equity focussed health impact assessment of alternative patterns of development of the Whitsunday Hinterland and Mackay Regional Plan, Australia (Short report). Environmental Impact Assessment Review, 31, pp. 415-419.77 Brisbane City Council 2015. Access and Inclusion Community Partnership Program recipients 2015-16. Available at www.brisbane.qld.gov.au/community/grants-awards/community-grants/access-inclusion-community-partnership-program/access-inclusion-community-partnership-program-recipients-2015-16?utm_source=access&utm_medium=promo&utm_term=-&utm_content=text-versio78 Brisbane City Council 2015. Available at www.brisbane.qld.gov.au/community/community-support/disability-access-inclusion/council-wins-awards-access-inclusion - 479 Lismore City Council 2016. Access . Available at: www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-MBO-63-57-2880 Lake Macquarie City Council 2016. Accessibility . Available at: www.lakemac.com.au/community/people-with-disability/accessibilityBACKGROUND TO THE DESKTOP REVIEW UTS:

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There are also examples of councils providing public access guides which detail accessible locations for people with disability. Townsville City Council’s Accessing Townsville Guide is a reference guide for accessible accommodation, attractions, cafes/restaurants, shopping centres and community centres as well as accessible transport options for getting to and from locations81. The Surf Coast Shire provides an All Abilities Guide presenting the range of accessible, inclusive services, facilities and resources available and how to access these82.

In the United States, the notion of visitability (see Section 2.1.4 for definition) has been adopted to achieve accessible housing. The 2000 Fair Housing Act specifically prohibits discriminatory housing practices based on race or colour, religion, sex, national origin, family history, or disability. Three components of the Act explicitly relate to disability discrimination of all types of housing transactions, prohibiting changes to zoning or land use and ensuring accessibility features for all new construction. These requirements play out through the visitability movement83.

Visitability involves development or renovation of building entrances and any halls or corridors to adequately accommodate wheelchairs. The premise is that if people in wheelchairs can visit or enter a building, house, or other public facility without any difficulties and have access to toilets and other essential needs, then the facility is considered visitable. However, under the 2000 Fair Housing Act adoption of visitability by developers is voluntary. This has led to minimal uptake as few homeowners understand visitability and few opted for it, for many reasons including the extra costs involved in the construction phase84.

Recreation and leisureThe CRPD recognises the right of people with disability to take part on an equal basis with others in cultural life. An important element of this is access to, and inclusion in, recreation and leisure activities. Local governments play a role in facilitating inclusive and accessible recreation and leisure through council infrastructure, for example, playgrounds and recreation centres and programs, for example, council-run recreation and leisure activities.

To achieve inclusion, it is important that local governments do not just provide facilities and programs that are targeted at people with disability. Instead, existing facilities and programs should be open and accessible to all people, including those with disability. This is an important distinction identified by participants in a study of local government support of inclusive recreation and leisure85. Facilities and programs can be made more inclusive through physical attributes such as transport and buildings (parking spots and accessible toilets) as well as attitudes.

81 Townsville City Council 2015. Accessing Townsville Guide. Available at: www.townsville.qld.gov.au/__data/assets/pdf_file/0023/5882/Accessing-Townsville-Guide-15-16_lo-res-web-version.pdf 82 Surf Coast Shire Council 2016. Access Maps All Abilities Guide. Available at: www.surfcoast.vic.gov.au/My_Community/Aged_and_Disability_Services/Access_Maps_All_Abilities_Guide 83 Burns, K.K. & Gordon, G.L. 2010. Analyzing the impact of disability legislation in Canada and the United States. Journal of Disability Policy Studies, 20 (4), pp. 205-218.84 Burns and Gordon 2010.85 Rodier, J. 2010. A Narrative Policy Analysis of the Accessibility for Ontarians with Disabilities Act, 2005: Exploring Implementation in Municipal Recreation. Master’s thesis: University of Waterloo, Canada.

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Support from others is an important enabler for people with disability to engage in leisure pursuits. This support can help people with disability negotiate potential barriers to participation in recreation and leisure activities86.

For young people, playgrounds can provide an important setting for social inclusion through shared play. Local government provided playgrounds may be made inclusive by adopting features that can be enjoyed by all children, not just those with or without a disability. This approach to playground design falls under Universal Design (see Section 2.1.5 for definition). The aim of Universal Design is to provide a single product or environment that can be utilised by all potential users without segregating or stigmatising anyone87.

The City of Great Dandenong has a specific Playground Strategy and Action Plan which sets standards for the percentage of activities within a playground that have universal access. For district playgrounds, at least 50% of activities must be able to be utilised and accessed by children and carers with a range of physical and other disabilities and must meet universal design principles88.

Other examples of access and inclusion from local governments across Australia include:

Accessible and inclusive events, arts and cultural initiatives89

Inclusive sport programs and accessible sporting facilities/stadiums90

Beach wheelchair access91

Accessible public pool facilities92.

2.3.3 Public librariesPublic libraries are community facilities provided by almost all local governments across Australia (notably not by Tasmanian local governments). Accessibility and inclusion are at the core of library strategy, and libraries and librarians have an essential role in facilitating the full participation of people with disability in society93.

An inclusive and accessible library is one where the facilities, services, programs, collections, and technology are designed in ways in which all people, regardless of their ability, have an opportunity to participate in and use them. Some of the major barriers to successful accessibility and inclusion of public libraries are:

Insufficient time and money

Externally controlled decision-making

Lack of awareness of existing services

Inadequate training of staff94.

86 Nilsson 2015.87 Burke, J. 2013. Just for the fun of it: making playgrounds accessible to all children, World Leisure Journal, 55(1), pp. 83-95.88 City of Greater Dandenong 2013. Playground Strategy and Action Plan 2013 – 2023. Available at: www.greaterdandenong.com/document/7973/playground-strategy 89 City of Port Philip 2013.90 City of Darebin 2015. Darebin Access And Inclusion Plan 2015-2019. Available at: www.darebin.vic.gov.au/Darebin-Living/Community-support/PeoplewithDisability 91 City of Gold Coast 2014.92 City of Bayswater 2016.93 Small, R.V., Myhill, W.N., & Herring-Harrington, L. 2015. Developing Accessible Libraries and Inclusive Librarians in the 21st Century: Examples from Practice. In Accessibility for Persons with Disabilities and the Inclusive Future of Libraries. Published online, pp. 73-88.BACKGROUND TO THE DESKTOP REVIEW UTS:

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In Australia, there are some examples of innovative inclusion and accessibility approaches in public libraries. Campaspe Regional Library developed the Being Connected: Libraries and Autism project, which focused on improving the library experience for adults and children with an Autism Spectrum Disorder (ASD).

The project has multiple stages, including:

Communication Access Symbol accreditation

Training for all staff on ASD training from Community Living Respite Services and many staff have enrolled to complete the online modules on a website launched last year. A Creating Connections program will also provide more specific training to frontline staff

Resource development in conjunction with a range of community partner organisations such as the Echuca Special School, Murray Human Services and Community Living and Respite Services (CLRS). The library is also now working with the Snapshots photography club on a book for all students and clients of these facilities entitled, this is my library book

Purchasing two iPads and Boardmaker Online to assist with communication, as well as some inclusive programming, including a Minecraft Club which Council plans to develop with the local Special School95.

The Logan North Library south of Brisbane, provides an Accessibility Centre designed to meet access needs for people with temporary or permanent disabilities, whether they be physical, neurological, psychological or around literacy issues. The Centre provides disability access and technology, creating a digitally inclusive environment. It aims to ensure the library remains an important community centre for the entire community96.

Another Queensland example is the Aitkenvale branch of the Townsville City Library. The library includes an Access Room for members of the community with disabilities to access a computer with customised furniture and specialised equipment. The aim of the room is to create a more digitally inclusive library where users, regardless of ability, are able to access the same information using technology97.

An innovative example from the United States is the Makerspace movement. It provides a unique experience for members from across the community to come together and use technology in a physically and digitally inclusive public library environment. It combines creativity with inclusive principles, community engagement and new technologies such as 3D printing. It offers new ways for libraries to engage with people, including those living with disabilities, and offers new possibilities for libraries to work toward breaking down barriers of access and inclusion98 .

Public libraries may also offer in-home services for the elderly or people with disability. For example, Moreland City Council in Victoria deliver books, CDs, DVDs and magazines to people

94 Ruth V. Small , William N. Myhill , Lydia Herring-Harrington, 2015, Developing Accessible Libraries and Inclusive Librarians in the 21st Century: Examples from Practice, in Brian Wentz , Paul T. Jaeger , John Carlo Bertot (ed.) Accessibility for Persons with Disabilities and the Inclusive Future of Libraries (Advances in Librarianship, Volume 40) Emerald Group Publishing Limited, pp.73 - 8895 Fitzgerald et al. 2015. pp.226-227.96 Fitzgerald et al. 2015. p.230.97 Fitzgerald et al. 2015, p.230.98 Fitzgerald et al. 2015. p.231.

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in their homes if they are unable to visit the library99. This service is free and similar programs are provided by local government libraries across Australia.

2.3.4 TechnologyIn addition to the technology provided at libraries, local governments may support inclusion and overcome the digital divide through providing better access to technology for people with disability. Local governments are in a strong position to support digital inclusion as they can do it on a community level and ensure specialised accessibility for particular groups100.

Local governments may provide wireless technologies (Wi-Fi) to enhance access to society at large, including people with disabilities. Some local governments in Australia are also looking to provide Wi-Fi access; however, presently, this is generally limited to public spaces.

The principle of municipal Wi-Fi is for free or low-cost service in the public interest of the whole community. However, evidence so far suggests that these local government initiatives have failed to be inclusive. The following are suggested strategies to improve inclusion from the United States:

Municipalities interested in deploying their own Wi-Fi networks should assess their communities and ascertain the needs of the different populations that may experience barriers to the new technology, going beyond a minimal focus on income level as the sole evaluation criterion

Policy initiatives need not necessarily be complex. For instance, a simple effort to ensure website accessibility and the availability of accompanying information regarding the wireless project can significantly enhance disability inclusion

Access and inclusion goals must be revisited and refocused when system deployment begins to undergo change101.

2.3.5 Communication and advocacySocial exclusion is as much about feelings of acceptance as it is about physical access. Communication is one way in which people may feel accepted or excluded from a group/society. Local governments also play an important role as advocates for inclusion and accessibility for people with disability to the broader community.

Adopting inclusive communication strategies for formal communication of information is discussed in Section 2.3.1. Emergency response is another example of the importance of accessible and inclusive communication of information. Local governments in Australia are often a part of the emergency response team in the event of a disaster and it is therefore critical that communication protocols are appropriate for all community members, including people with disability. Training the response team to be aware of major disability categories and how to effectively communicate with people with disability may be supported or provided by the local government. This is not only important to prevent immediate physical danger but is imperative to avoid damaging people’s dignity and creating further trauma102.

The City of Los Angeles provides an example of an inclusive emergency response communication protocol and highlights the importance of engaging people with disability to develop communication strategies103. To develop communication procedures the protocol suggests:

99 Moreland City Council 2016. Home library service . Available at: www.moreland.vic.gov.au/libraries/library-services/home-library-service/100 Baker, P.M.A., Hanson, J. & Myhill, W.N. 2009. The promise of municipal Wi-Fi and failed policies of inclusion: The disability divide. Information Polity, 14, pp. 47-59.101 Ibid. p.56.102 Forgaard-Pullen, K. n.d. A case for inclusion of disability training for first responders. Hazmat, haznet.ca/themes/first-responders/a-case-for-inclusion-of-disability-training-for-first-responders/ BACKGROUND TO THE DESKTOP REVIEW UTS:

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It is essential that you involve individuals with diverse disability and older adult expertise and advocacy backgrounds in the planning for emergency communication. Individuals who are deaf/hard of hearing/deaf-blind and blind/low vision must be part of the decision-making process. Without the involvement of these groups of people, efforts to enhance communication for people with access and functional needs will be far from successful. To ensure redundancy in communication, partner with community-based organizations and local partners to provide emergency and evacuation information to their clientele.104

Inclusive informal communication is equally important and formal communication and local government staff can lead by example. This includes how staff communicate and interact with people with disability, as well as the language used in broader conversation. The ways of describing disability may emphasise impairment, dysfunction, and disorder, and the emphasis on impairment can put the disability before the person. Training of council staff, in particular customer-facing staff, on how to focus on the person rather than the disability helps remove the negative framing of disability. Council staff may lead by example by adopting non-discriminatory language which may work to erode negative attitudes more broadly105.

Local governments in Australia may advocate for people with disability and raise awareness in the community through initiatives such as Disability Awareness Week. In Fremantle, for example, Council hosts a number of events to support Disability Awareness Week. This includes:

An exhibition of art from Aboriginal artists with a disability

A surfing day for people with disability

Dance performances from a dance groups for teenagers and adults with a disability106.

In some case, promoting inclusion and accessibility of people with disability is a key objective of DIAPs. In Victoria, the Disability Act states that DAPs should aim to:

Promote inclusion and participation in the community of people with disability

Achieve tangible changes in attitudes and practices which discriminate against people with disability107.

Freemantle City Council has as a key objective of its DIAP to:

Provide information, and encouragement to raise the awareness of the community regarding disability, access and inclusion108.

103 City of Los Angeles inclusive emergency response protocol: See www.caloes.ca.gov/AccessFunctionalNeedsSite/Documents/001-Guidance on Integration Final 6-09.doc 104 California Emergency Management Agency, Office of Access and Functional Needs n.d. Identification of People with Access and Functional Needs. Available at: www.caloes.ca.gov/AccessFunctionalNeedsSite/Documents/001-Guidance on Integration Final 6-09.doc105 Rodier, 2010. p.87.106 City of Freemantle 2015. Disability Awareness week. Available at: www.fremantle.wa.gov.au/sites/default/files/Disability Awareness Week 29 Nov - 5 Dec 2015 Flyer.pdf 107 Department of Human Services 2010. Disability Services Community Building Program: Introduction to the Program.108 City of Freemantle 2016. City of Fremantle Access and Inclusion Plan 2016–2020 . p.9. Available at: www.fremantle.wa.gov.au/access-inclusion

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Through targeted initiatives such as Disability Awareness Week and adopting a proactive attitude to access and inclusion and inclusive formal and informal communication, local governments can lead the community to support people with disability.

2.4 Implications for Australian local governmentsIn Australia, there is now limited direct service provision offered by the local government for people with disability and the role of local governments varies from state to state, although Victorian local governments have played more of a significant role in disability service provision than local governments from other states. Evidence shows that local governments could support inclusion and accessibility for people with disability in a diversity of ways for example:

The Swedish example provides some insights into services provision models that may be useful for informing the Australian context. Swedish municipalities are particularly active in service provision for people with disability. Their approach is well regarded for being highly individualised, localised and community-based

The Assistance for Independent Living provided by the Sofia City Council from Bulgaria is an innovative approach to individual payments facilitated by a local government. Recipients can employ their own personal assistants and are responsible for managing the working hours and activities of the assistants

Local government’s role in supporting people with disability extends beyond service provision. It is imperative that local governments in Australia consider inclusion and accessibility for people with disability in all aspect of their operations.

Inclusion and accessibility in the community can be led by local government by adopting practices across all aspects of their operations, including customer service, employment and community engagement

Local governments can help break down barriers to inclusion by ensuring people with disability are physically able to participate in their communities. For example, by providing transport options, adopting Universal Design principles in buildings and recreation/leisure facilities, ensuring sufficient housing and supporting technology solutions, and decreasing cultural barriers through language and attitudes adopted by staff, community participation can improve.

2.5 Barriers and enablers to local governmentsThere is a multiplicity of barriers and enablers to support the inclusion and accessibility of people with disability.

2.5.1 Legislative and institutional approachesThe legislative and institutional context may impact the success of local government support and initiatives for people with disability. In almost all examples identified from the literature, local government disability support was driven by policy directives and legislation at the state, national and international level. Commonly, the CRPD was an overarching motivator for disability policies. Critically, any disability policies or programs at the local level need to fit within the broader legislative context rather than against it109.

The influence of top-down legislation, i.e. federal legislation guiding local government actions, may be both an enabler and a barrier. A study from Canada and the United States found that the United States has federal legislation specific to disabilities (dating back to 1990) and Canada has none. The U.S. federal legislation was implemented consistently across the country whilst there was a high degree of variation between Canadian provinces. This resulted in much more disjointed and inconsistently-applied disability policy across Canada110.

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A recent study from Sweden concluded that the greater autonomy of the local governments caused institutional fragmentation in the implementation process of major social policy reform. The municipalities tended to operate independently and implementation was slow with a large discrepancy between municipalities111.

However, the Swedish example also demonstrates that the top-down legislative approach may result in resistance from local municipalities. This was due to local governments being required to pay for provisions brought in at the national level, without enough funding from the central government112. This finding suggests that financial resources are important for implementation which will be discussed further in Section 2.5.5.

The tension between central and local government was also found to be a barrier in a comparative study of European local government learning disability programs. National policy frameworks proved helpful for directional guidance but required flexibility to respond to regional or local conditions.113

In general, the decentralisation of services delivers positive outcomes with greater power to service users and carers. The comparative study of European learning disability programs concluded that decentralisation was leading to more individualised and person-centred services and that differences in the outcomes of local government initiatives could be explained by some key aspects of the legislative and institutional context, such as:

1. The history and pattern of development of learning disability services

2. The state organisation, budget arrangements, and service structures

3. The care model being espoused as ideal but also care models actually in use

4. The ideology of decision-makers

5. Relationships between central and local government and the degree of political devolution

6. The status and profile of learning disability policy within the wider social policy realm

7. The degree of development of mixed economies or markets and the nature of separation between purchasing and providing

8. The impact of anti-discrimination, equality and human rights legislation in the disability and learning disability fields.

Voluntary initiatives were not as successful as legislative initiatives. In the US, the voluntary adoption of visitability design was rarely taken up by developers114 and a review of housing trends internationally also found that strongly enforced building code regulations which adopt elements of Universal Design were most successful in mainstreaming accessible housing115. One reason for the progress of Sweden in providing disability support is that social support is a

110 Burns, K.K. & Gordon, G.L. 2010. Analyzing the impact of disability legislation in Canada and the United States. Journal of Disability Policy Studies, 20 (4), pp. 205-218111 Cambridge and Ernst 2006.112 Ibid.113 Ibid.114 Burns and Gordon 2010.115 Scotts, M., Saville-Smith, K., & James, B. 2007. International trends in accessible housing for peoplewith disabilities. Available at: thehub.superu.govt.nz/sites/default/files/working-paper-2.pdf.

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legal entitlement which makes the individual rights of a person with intellectual disability stronger in Sweden than elsewhere116.

2.5.2 Locational disadvantageThe influence of location for local government disability programs is a key finding from the Australian literature. People in regional, rural and remote areas may experience double disadvantage in regard to receipt of services. A study of people with disability identified a number of location specific issues, including:

Transport and distance

Isolation

The nature of service provision (appropriateness, flexibility, co-ordination and location)

The need for community and professional disability awareness education

Protection of rights

Carers and respite care

Accommodation and housing

Education

Employment

Information dissemination

Access to specialised equipment117.

Access to support and disability services in regional, rural and remote areas may be much more limited, with fewer private and public sector options than in urban areas. Local governments may therefore play more of a role in service provision to fill these gaps. For example, accessible public transport options for people with disability in remote areas are likely to be minimal and local government may act as ‘gap fillers’ to meet local transport needs118.

Location is of particular importance when considering the individual payment model. The ability for recipients to exercise choice in service provision is significantly restricted by the lack of social services in the community. Restricted program capacity and shortage of service options are prevalent, especially in regional areas. These issues all need careful consideration in the transition to the NDIS119.

2.5.3 Cross sector cooperationCooperation and collaboration is important for local governments to support people with disability. This includes cooperation between tiers of government, between local government agencies and between the private sector and volunteers. At a practical level, collaboration is required to facilitate access of people with disability across the local government area and beyond; for example, an accessible library provides limited benefit if accessible transport options to the library are limited120.

116 Ramsten, C., Marmstal Hammar, L., Martin, L. & Goransson, K. 2016. ICT and intellectual disability: A survey of organizational support at the municipal level in Sweden, Journal of Applied Research in Intellectual Disabilities . Available at Epub, doi: 10.1111/jar.12265.117 Gething, L. 1997. Sources of Double Disadvantage for People with Disabilities Living in Remote and Rural Areas of New South Wales, Australia. Disability & Society, 12:4, 513-531.118 Battelino (2009)119 Purcal, C., Fisher, K.R. and Laragy, C, 2014, Analysing choice in Australian individual funding disability policies. Australian Journal of Public Administration, 73(1), pp. 88-102120 Fitzgerald et al. (2015, p. 224)BACKGROUND TO THE DESKTOP REVIEW UTS:

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In Australia, recent research suggests that a feature of the Australian disability sector is that there are many organisations and services working with many forms of disability. This could potentially lead to disability-specific silos, with limited collaboration within the disability sector. A lack of cooperation was identified as a missed opportunity for sharing information and resources which would be of value more broadly121.

Cooperation and collaboration within council, with other tiers of government, and with external organisations was evident as a key enabler in some DIAPs. Brisbane City Council has a cross-Council access and inclusion working group to provide opportunities for professional development, shared learning and collaboration across branches122. Adelaide City Council takes a collaborative approach to planning and access across the city with the State government123. The City of Port Philip demonstrates cross-departmental cooperation to adopt access and inclusion into council strategies, with support for people with disability integrated into Taking Action on Climate Change strategies124.

Many of the actions in the DIAPs involve working with external partners; for example, an action from Hume City Council’s Disability Access Plan is to:

Explore funding opportunities and partnerships to enhance integrated and specific programs for people with disabilities125.

Local governments are also increasingly working with other service providers to deliver disability programs. In Geelong, the Geelong Regional Library Corporation and the City of Greater Geelong Aged and Disability Services jointly developed a program focused on events and programs to foster better interactions between library staff and community members with disabilities126. In Clarence Valley, New South Wales, local government partnership with the private sector was found to be an effective model for providing adequate housing for people with disability127.

Cooperation can be driven internally by motivated staff working to ensure all local government departments are working together for access and inclusion across the jurisdiction. It may also be driven by legislation or frameworks that work to coordinate access and inclusion initiatives.

2.5.4 Need for clear definitions, guidelines and timelines The definition of disability adopted by support agencies and government programs outlines the scope of the program and identifies those people in need of support and services. In addition, definitions shape policy, affect the way people with disabilities are portrayed and define how included they feel in the community.

Unclear definitions can lead to confusion over who and what is covered by a policy. However, a strict definition can cause addition issues as it may lead to a cookie-cutter approach to

121 Fitzgerald et al. (2015, p. 228)122 Brisbane City Council (2012)123 Adelaide City Council (2012)124 City of Port Phillip (2013)125 Hume City Council (2012) Disability Action Plan 2012–2016. p.18. At: https://www.hume.vic.gov.au/files/sharedassets/hume_website/publications/strategies_and_plans/disability_action_plan_2012-2016.pdf 126 Fitzgerald et al. (2015, p. 226)127 Tiley and Hil 2010, p.276

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supporting people with disability without proper acknowledgement of diversity of needs. It may also result in some people being left out that should be included128.

The definition of accessibility may also cause confusion. A study from Europe found that the term ‘accessibility’ was often interpreted as eligibility for services or the affordability of service access, rather than accessibility as discussed in the EU Disability Action Plan129.

One option to overcome confusion is to develop a terminology glossary. Such a glossary may help achieve consistency in disability terminology across the local government and broader sector130.

In addition, clear dates and timelines are important enablers for the implementation of local government programs. An analysis of the implementation of the Accessibility for Ontarians with Disabilities Act 2005 in Ontario municipalities identified a critical element of success as:

Clear dates and timelines for implementation a deadline has to be in place or it will just, as we all know, it will just continue on and nothing will be solved or implemented131.

A study of the progress of the disability strategies in the United States and Canada found that those that transportation strategies. This was due to clear deadlines for transition or change to better accommodate people with disability132.

Clear guidelines for the implementation of national initiatives at local levels are also key for successful implementation. The implementation of the Americans with Disabilities Act of 1990 (ADA) among small- and medium-sized municipalities was hindered by widespread confusion over the ADA’s requirements133. Clear implementation guidelines, as well as definitions and timelines, are likely to be necessary for the successful implementation of local government disability support initiatives.

2.5.5 Finance and resourcesAdequate funding and resources are necessary for the successful implementation of local government disability support programs. In a study of the gains and gaps in achieving inclusive recreation across the United States, recreation organisations identified financial barriers as significant administrative barriers134. In addition, to achieve accessibility across all aspects of local government operations, adequate funding and dedicated time for education and training of staff in all departments is required135.

To implement national legislation, local governments critically need to be sufficiently resourced to fulfil the requirements. For example, the economic and fiscal environment of Swedish municipalities’ means there is often not sufficient funding to meet the goals and requirement set at a national level and as a consequence vulnerable groups are not prioritised and their rights tend to suffer136. Local governments in Australia are often under resourced and potential lack of sufficient or sufficiently dedicated finances may be a barrier to implementing disability policy and providing support programs.

128 Rodier (2010)129 Priestly (2008)130 Burns and Gordon (2010, p.215)131 Rodier (2010, p.64)132 Burns and Gordon (2010, p.214)133 Slayton, L.J. (2000) Implementation of the Americans with Disabilities Act in small and medium- sized municipalities. Doctoral thesis: University of Oklahoma, USA134 Devine, M.A. 2012. A Nationwide look at inclusion: Gains and gaps. Journal of Park and Recreation Administration, 30 (2), pp. 1-18.135 Burns and Gordon 2010. p. 216.136 Nilsson 2015.BACKGROUND TO THE DESKTOP REVIEW UTS:

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Recent studies of disability support in public libraries also highlight the need for sufficient funding. Library budgets do not always include the resources for undertaking appropriate facilities modifications or providing sufficiently accessible services, resources and technology for people with disabilities. Lack of enough time for staff to research accessibility needs and implement accessibility features and services can prevent libraries from meeting the needs of the community137.

2.5.6 Knowledge, attitudes and trainingLocal government may support people with disability by embedding accessibility and inclusion across council, leading to better outcomes for the whole community. A key element of this is the knowledge and attitudes of council staff. Local governments with a strong level of knowledge and a proactive attitude towards accessibility and inclusion may be more likely to adopt a holistic approach with Universal Design to support people with disability throughout their operations. For example, as facilities and infrastructure age, a proactive attitude and Universal Design thinking would ensure that upgrades adopt Universal Design principles. Similarly, parks and open space management departments could incorporate accessibility and inclusion in planning, engagement and implementation phases. Proactive attitudes and Universal Design thinking could lead to the gradual progression towards an accessible and inclusive community.

Conversely, local governments’ support for inclusion and accessibility of people with disability may be hindered by a lack of understanding and poor perceptions. A recent study concluded that council employees’ attitudes towards people with disability was one of the determinants of the quantity and quality of municipal services138. Local government staff must be motivated to implement, monitor, and evaluate disability policies and programs if they are to be successful. As such, interventions aimed at increasing awareness, of and interaction with, people with disability may help improve the perceptions and attitudes of staff and consequently the services they provide139.

A study of local government employment programs in the United Kingdom found that staff held very traditional views of disability and the potential of people with disability to contribute to the workforce. The role of work was equated to day care with the perception that the solution to unemployment was that people with disability should be more willing to lower their expectations and accept that they were best suited to low-paid, low-status employment140.

Investment in education and training programs for staff is one approach to overcoming a lack of understanding and poor perceptions141. For instance, a lack of training in library programs resulted in negative attitudes and misperceptions toward people with disability and led to underserved or poorly served patrons142.

Staff training programs may be incorporated into DIAPs. For example, Knox City Council’s Access and Inclusion Plan for People with Disabilities 2016 has key actions to deliver four access and inclusion awareness training sessions to Council staff143. Adelaide City Council have also developed a disability-focused staff training module:

137 Small et al. 2015 and Bundy 2005.138 Paksoy Erbaydar, N., Karadag Caman, O. & Cilingiroglu, N. 2013. How municipality employees in Ankara approach persons with disabilities? Disability and Health Journal, 6(4), pp. 391-398.139 Paksoy et al. 2013.140 Piggot 2006. p.606.141 Burns and Gordon 2010. p.211.142 Small et al. 2015, p.81.

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Staff awareness training regarding disability had been identified by internal and external stakeholders as a vital component of the journey toward an inclusive city. The Access and Inclusion Advisory Panel worked with Council’s People and Culture team to develop on online module which will provide a basic level of disability awareness across the whole organisation. Alongside this, opportunities for site specific or industry specific training have been explored beginning with sessions at the Adelaide Aquatic Centre144.

The City of Melville developed an All Staff Disability Awareness Training package to be deployed as part of the Corporate Training Calendar based on the DIAP as a whole-of-organisation responsibility145. Overall, staff awareness and skill training are a common element in local government DIAPs.

2.5.7 Implications for Australian local governmentsThere are some key enablers and barriers to the successful implementation of support programs of initiatives for people with disability. The findings from the national and international literature provide some key insights for local governments in Australia in their role to support people with disability. They include:

National frameworks help guide local government programs but need to be adaptable to fit local contexts

Legislative options are likely to be more widely adopted than voluntary options

People with disability in regional, rural and remote areas face double disadvantage. Local governments in regional, rural and remote areas may be called upon to be ‘gap fillers’ and provide more services than their urban counterparts

Internal and external cooperation with local government is key to supporting people with disability. Cooperation needs to occur to ensure physical access across the region, break down silos and increase information sharing and to ensure programs are delivered in a coordinated manner. Local governments should also consider working with the private sector and volunteer sector to support, develop and deliver programs

It is important that all terms relating to disability are clearly understood by all agencies and stakeholders. The definition of ‘disability’ needs to be considered carefully to prevent a cookie-cutter approach and to ensure programs and policies do not exclude those in need

Policies and programs should have clear implementation guidelines and a set timeline

Funding and resourcing may be a barrier to local government programs. Working with the private sector and volunteer groups may help overcome this limitation

Local government staff need to be supportive of disability initiatives and programs and councils should ensure an inclusive attitude is embedded across the organisation. This may be assisted by an education and staff training program.

Implications for the Australian context are shown in Table 2.

143 Knox City Council 2016. Access and Inclusion Plan for People with Disabilities 2016. Available at: www.knox.vic.gov.au/Files/Plans/Access_and_Inclusion_Plan_2016_PDF_copy.pdf 144 Adelaide City Council 2014. Access and Inclusion Strategy - Case Study. Available at: www.adelaidecitycouncil.com/assets/documents/CASE-STUDY-access-inclusion-disability-training-2014-15.doc 145 City of Melville 2012.BACKGROUND TO THE DESKTOP REVIEW UTS:

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TABLE 2 HOW LOCAL GOVERNMENTS CAN SUPPORT PEOPLE WITH DISABILITY

How local government can support people with disability

Areas of action Measures

Internal policies and operations

Embed access and inclusion across the organisation

Access and inclusion are considered in all local government operations and decision-making, leading to better outcomes for people with disability living in the community

Proactive attitudes and high levels of disability awareness and knowledge among all local government staff

Customer service and information

Communication strategies reach the entire community

Information is presented in a format that can be read, heard and interpreted by all people

Customer service is inclusive, with all people in the community treated equally

All people have equal access to council to make enquiries, suggestions or complaints; for example, physical building access, phone or email

Staff are trained in accessible and inclusive communication

Websites are accessible especially with transition to e-government

Employment policy People with disability are encouraged to apply for employment opportunities within local government

Council workplaces are accessible and inclusive

Disability employment programs within local governments provide workplace experience and training for people with disability

Encouragement to apply for opportunities may be insufficient. Changed perceptions of the abilities and potential contribution of people with disability amongst staff are needed

Engagement and political representation

People with disability have equal access and opportunity to have input into all decision-making, not just decisions relating to disability

Using a variety of mediums, including emerging technology and face-to-face

Ensuring information is accessible to all people, for example, braille, read aloud, clear and easily understood language

Advisory panel and disability networks often used for engagement

Specific strategies to engage people with an intellectual disability

Sufficient time, funds, staff capacity and attitudes to ensure the success of engagement

Political representation is minimal and people with disability face fewer number of barriers to running for election

Direct service delivery

Provision of Disability Services

Partner with state government and community based organisations to support people with disability

Provide home respite services, training for care staff, and community programs such as Meals on Wheels or Men’s Sheds

Provide grants or funding based programs to deliver positive outcomes for the community

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Removing barriers and leading by example

Transport Council offers community transport services to people with disability including community bus, or private transport

On-ground transport options are offered such as electric scooters and recharge points to aid movement around the city

Disabled parking spaces and parking permits exist

Technology allows for ‘e-transport’ where physical transport is limited

Built environment Council has accessible and inclusive planning to ensure:

X̶ Affordable and appropriate housing

X̶ Accessibility of public spaces and public infrastructure

Council has disability-friendly building standards and adopts principles of Universal Design and Accessibility

Council takes a Health Impact Assessment (HIA) approach to achieve inclusion and accessibility at a planning level

Council provides information and maps of accessible locations, raises awareness of accessibility features e.g. braille trail, and MLAK keys to facilitate mobility around the area

Recreation and Leisure

Facilities and programs are inclusive and able to be used by all people, rather than tailored only to people with or without a disability

Councils have events, arts and culture, sporting and park/nature facilities which are accessible

Accessible playgrounds exist for children with disability

Public libraries Local governments ensure buildings and facilities are accessible and inclusive

Specific facilities such as access rooms, and programs for inclusion are incorporated

At home library services to meet the needs of those who cannot travel to the library

Technology Technology is commonly proposed as a means of overcoming access issues

Council is able to manage to digital divide (increased access to resources, technological capacity, skills/knowledge)

Council is well placed to offer tailored technological solutions either through public libraries or initiatives such a municipal Wi-Fi.

Communication and Advocacy

Local governments drive community change by leading by example

Adopt formal and informal communication that supports people with disability (positive language, communication protocols)

Disability awareness campaigns and activities to increase accessibility and inclusion across the whole of the community

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In addition, internal barriers and enablers can be summarised in Table 3.TABLE 3 WHAT MAY HELP OR HINDER LOCAL GOVERNMENT’S SUPPORT OF PEOPLE WITH DISABILITY

Key themes Activities

Legislative and institutional context

Disability actions and initiatives need to fit within the broader legislative framework

Legislative drivers are likely to be effective than voluntary drivers

Top-down national frameworks are useful to guide local government actions, but need to be flexible to respond to the local context

Location Location may influence the role of local government in disability support and services provision

Regional, rural and remote areas may have fewer available support options and local governments may be required to fill the gaps

Limited options for support services in rural and remote areas is particularly important when considering the individual payment model

Collaboration and cooperation

Collaboration between local governments and community organisations/the private sector/volunteers exists to deliver services to support people with disability

Cooperation required between local government’s internal departments and between tiers of government

Cooperation may be achieved from at an organisational level through internal policies i.e. departments working together, or at a higher level where national or state legislation coordinates local government efforts

Definitions, timelines and guidelines

Clear and common definitions are important as they define the scope of programs and who will be assisted; a glossary exists

Too-strict definitions may lead to a ‘cookie-cutter’ approach and potentially exclude people that need support

Programs and initiatives are more likely to be implemented if supported by clear guidelines and with a set timeline

Finance and resources A lack of finance and resources may hinder local governments support of people with disability

Top-down initiatives need to be adequately resourced to be taken up by local governments

Partnerships with community groups and private sector may help overcome some finance and resource issues

Training, knowledge and attitudes

Disability awareness, knowledge and attitudes within local governments significantly impact the support for people with disability

Proactive attitudes to accessibility and inclusion across the local governments is needed for a whole-of-organisation response

Attitudes regarding abilities of people with disability and potential contribution may limit inclusion in local governments and communities

Disability awareness training for all staff may help increase knowledge and encourage positive/proactive attitudes across the organisation

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3 Statutory review – international and national 3.1 OverviewThis section includes a review of international and national legislation and covers:

International level (Section 3.2)

National level (Section 3.3)

Key findings and implications (Section 3.4)

3.2 International levelThe United Nations Universal Declaration of Human Rights is an international document that states the basic rights and fundamental freedoms to which all human beings are entitled. Adopted in 1948, the Universal Declaration expresses the fundamental values which are shared by all members of the international community. Although not legally binding, it has had a profound influence on the development of international human rights law146.

The Universal Declaration declares that human rights are universal, including civil and political rights, such as the right to life, liberty, free speech and privacy. It also includes economic, social and cultural rights, including the right to social security, health and education. The Universal Declaration makes specific reference to people with disability in Article 25 (1):

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control147.

The United Nations Convention of the Rights of Persons with Disabilities (CRPD) is the first binding international human rights instrument that explicitly addresses disability. The purpose of the CRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all people with disability and to promote respect for their inherent dignity148.

Australia was one of the original signatories of the CRPD, ratifying the CRPD in July 2008 and the Optional Protocol in 2009. Signatories are bound by the obligations set out in the CRPD. This extends to all parts of federal states without any limitations or exceptions. The CRPD provides the overarching framework for current disability policy in Australia.

As a signatory, Australia is required to submit regular reports to the Committee on the Rights of Persons with Disabilities on how the rights are being implemented. The latest report from Australia was presented to the Committee in 2013, after the release of the National Disability Strategy 2010- 2020 (NDS). The observations from the Committee, specific to the NDS, were overall positive, as follows:

The Committee commends the State party for the adoption of the National Disability Strategy 2010-2020 to implement the Convention across all jurisdictions.

146 Australian Human Rights Commission (n.d.) What is the Universal Declaration of Human Rights? At: https://www.humanrights.gov.au/publications/what-universal-declaration-human-rights 147 United Nations (1948) Universal Declaration of Human Rights At: http://www.un.org/en/universal-declaration-human-rights/148 United Nations (2015) Convention on the Rights of Persons with Disabilities, www.un.org/disabilities/documents/convention/convoptprot-e.pdfBACKGROUND TO THE DESKTOP REVIEW UTS:

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The Committee commends the State party for introducing DisabilityCare Australia [former iteration of NDIA], a national scheme of self-directed disability support including persons in need of intensive of support149.

3.3 National level

3.3.1 A period of transformationNational disability legislation and policies have undergone significant transformation over the past six to eight years. This transformation was driven by two pivotal reports:

Shut Out: The Experience of People with Disabilities and their Families in Australia by the National People with Disabilities and Carer Council

Productivity Commission’s Disability Care and Support report

Shut Out: The Experience of People with Disabilities and their Families in AustraliaIn 2009, the National People with Disabilities and Carer Council released Shut Out, a report presenting the findings from community consultation undertaken to inform the NDS. The report identified a number of key issues regarding access and inclusion of people with disability. Although the general public felt that much had changed in the past 30 years, and important gains had been made, it concluded that most people with disability do not enjoy full participation in the community150.

Key areas identified from the consultation where barriers were experienced are in Table 4.

149 Committee on the Rights of Persons with Disabilities (2013) Concluding observations on the initial report of Australia, adopted by the Committee at its tenth session (2–13 September 2013). Available at: disabilitycouncilinternational.org/documents/CRPD_C_AUS_CO_1_15350_E.doc 150 Deane, K. 2009. Shut Out: The experience of people with disabilities and their families in Australia, Department of Social Services, Canberra ACT.

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TABLE 4 AREAS WHERE BARRIERS WERE EXPERIENCED

Area where barriers experienced Percentage of submissions

Social inclusion and community participation 56

Disability services 56

Rights, justice and legislation 39

Income support and the cost of disability 37

Employment 34

Accommodation 32

Families and carers 30

Education 29

Transport 29

Health and wellbeing 29

Built environment 27

Disability services – workforce issues 21

Aids, equipment and assistive technologies 20

Source: Shut Out: The experience of people with disabilities and their families in Australia (p. 3).

The findings from Shut Out identified the key areas of reform to be addressed in the NDS. Although, the report did not specifically examine local government, the findings have strong implications for arrangements to support people with disability which may involve the local government sector.

Disability Care and SupportAs part of their commitment to developing the NDS, the Australian Government requested that the Productivity Commission conduct a public inquiry into a long-term disability care and support scheme. The inquiry found a clear need for a significant overhaul of current mechanisms, noting:

Current disability support arrangements are inequitable, underfunded, fragmented and inefficient, and give people with disability little choice.151

Conclusions from the inquiry were that:

There should be a new national scheme — the National Disability Insurance Scheme (NDIS) — that provides insurance cover for all Australians in the event of significant disability152.

The NDIS would provide insurance for all Australians and fund long-term, high quality care and support for people with significant disabilities. The recommendations from the Productivity Commission were adopted by the Council of Australian Governments (COAG) and led to the rollout of the NDIS.

151 Productivity Commission 2011. Disability Care and Support: Productivity Commission Inquiry Report (No.54). At: http://www.pc.gov.au/inquiries/completed/disability-support/report/disability-support-overview-booklet.pdf p.2.152 IbidBACKGROUND TO THE DESKTOP REVIEW UTS:

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3.3.2 Disability agreements, policies and legislation

National Disability AgreementThe National Disability Agreement (NDA) introduced in 2009, provides the national framework and key areas of reform for the provision of government support to services for people with disability. It is one of six national agreements between the Commonwealth, states and territories and specifically outlines their respective roles and responsibilities. The objective of the NDA is to provide disability support services to ensure that ‘people with disability and their carers have an enhanced quality of life and participate as valued members of the community153.

Under the NDA, all state and territory governments are responsible for the provision of disability services (except disability employment services) including:

Regulation, service quality and assurance

Assessment

Policy development

Service planning

Workforce and sector development.

These must be provided in a manner which most effectively meets the needs of people with disability, their families and carers, consistent with local needs and priorities. All state and territory governments, except for Victoria and Western Australia, are responsible for funding and regulating basic community care services for people under the age of 65 years. The provision must be in line with their principal responsibility for delivery of other disability services under this Agreement, except Indigenous Australians aged 50 years and over for whom the cost of care will be met by the Commonwealth. Except for Victoria and Western Australia, states and territories must fund packaged community and residential aged care to be delivered under Commonwealth aged care programs for people under the age of 65 years, except Indigenous Australians aged 50 years and over. States and territories are also responsible for ensuring their legislation and regulations are aligned with the national policy and reform directions. Finally, where appropriate, states and territories should invest in initiatives to support nationally agreed policy priorities, in consultation with the Commonwealth Government154.

The roles and responsibilities of local governments are defined by state legislation. As such, the responsibilities of the states defined in the NDA have direct implications for local governments.

National Disability Strategy 2010-2020The NDS is an initiative of COAG informed by the findings from the Shut Out report. The NDS is the first time in Australia that a national strategy articulates long-term goals across a number of key policy areas which impact on people with disability. The objective of the NDS is to address the challenges and barriers faced by people with disability, currently and in the future in Australia. It pledges support from all levels of government, industry and community155.

The purpose of the NDS is to:

153 COAG 2009. National Disability Agreement. Available at: www.federalfinancialrelations.gov.au/content/npa/national_agreements/national-disability-agreement.pdf 154 COAG (2009, p.5) 155 Australian Government (2010) National Disability Strategy 2010-2020. At: https://www.dss.gov.au/sites/default/files/documents/05_2012/national_disability_strategy_2010_2020.pdf

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Establish a high-level policy framework to give coherence to, and guide government activity across mainstream and disability-specific areas of public policy

Drive improved performance of mainstream services in delivering outcomes for people with disability

Give visibility to disability issues and ensure they are included in the development and implementation of all public policy that impacts on people with disability

Provide national leadership toward greater inclusion of people with disability.

The NDS has six priority areas:

> Inclusive and accessible communities – physical environment including public transport, parks, buildings and housing, digital information and communication technologies, civic life including social, recreational and cultural life

> Rights protection, justice and legislation – statutory protection, such as anti-discrimination measures, complaints mechanisms, advocacy, the electoral and justice systems

> Economic security – jobs, business opportunities, financial independence, adequate income support for those not able to work and housing

> Personal and community support – inclusion and participation in the community, person-centred care and support provided by specialist disability services and mainstream services, and informal care and support

> Learning and skills – early childhood education and care, schools, vocational education, transitions from education to employment, and life-long learning

> Health and wellbeing – health services, health promotion, the interaction between health and disability systems; wellbeing and enjoyment of life.

The NDS was developed in consultation with the Australian Local Government Association (ALGA) and there is a strong role for local governments in its implementation. The NDS does not seek to change the role of levels of government but rather to create a more cohesive approach across all governments.

In implementing the NDS, the role of governments at all levels is to:

Develop policies, deliver programs and services and fund infrastructure. They have a responsibility to ensure inclusion, accessibility and connection across levels of government in all matters affecting the interests of people with disability156.

National Disability Insurance SchemeThe National Disability Insurance Scheme (NDIS) represents a significant change in how the Australian government supports people with disability. Following the findings from the Productivity Inquiry, COAG signed an Intergovernmental Agreement for the launch of the NDIS in 2013.

The National Disability Insurance Scheme Act 2013 (NDIS Act) is the legislation that establishes the NDIS and the National Disability Insurance Agency (NDIA). In conjunction with other legislation, the NDIS Act gives effect to Australia’s obligations under the CRPD.

The NDIS Act sets out:

Objectives and principles of the NDIS

Participant requirements for the NDIS

Support available for NDIS participants

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The process to becoming a registered service provider

Governance arrangements for the NDIA

Internal and external reviews process for decision-making under the NDIS Act.

The NDIS Act does not specifically identify the role of local government, however, it sets the foundation for governments to work together to develop and implement the National Disability Insurance Scheme.

The roll out of the NDIS began in July 2013 at four sites in South Australia, Tasmania, the Hunter Area in New South Wales and the Barwon area of Victoria. In July 2014, the NDIS commenced in the Australian Capital Territory, the Barkly region of the Northern Territory and the Perth Hills area of Western Australia. As of July 2016, the full scheme will be rolled out in all states/territories except for Western Australia which will transition to the NDIS over a few years157.

Disability Services Act 1986The Disability Services Act 1986 sets a national level of standards for services delivery for people with disability. This includes standards for employment services, advocacy services and rehabilitation programs. The Disability Services Act replaces provisions of the Handicapped Persons Assistance Act 1974 and of Part VIII of the Social Security Act 1947, to set standards to be more flexible and more responsive to the needs and aspirations of people with disability.

The Disability Services Act is still in force under the NDIS. Existing Commonwealth providers who transition to deliver the same services under the NDIS are still required to ensure services meet the National Standards for Disability Services under the Disability Services Act158. All Disability Employment Services (DES) providers, for example, must maintain certification against the National Standards for Disability to receive funding from the Australian Government.

Since the introduction of the NDIS, the Disability Services Act has undergone multiple revisions. In July 2014, there was a change to the standards for service providers to six standards which now define the elements of quality service delivery to people with disability. The new standards have a greater focus on person-centred approaches and promote choice and control by people with disability. They are considered critical under the NDIS.

These standards are:

Rights – including the right to freedom of expression, to exercise choice and control over services, to be free from discrimination or harm

Participation – the right to participate in the community and follow interests with opportunities for meaningful participation and inclusion in society

Individual outcomes – the right to lead and direct decisions in life and use services and support to reach life goals

Feedback and complaints – the right and opportunity to give positive and negative feedback on support services with access to independent support to provide feedback/make a complaint

Service access – fair and equal access to services, with support from other options when services are not available

157 NDIA 2016. Our Sites . Available at: www.ndis.gov.au/about-us/our-sites 158 Quality assurance and safeguards working arrangements for transition to the NDIS in Queensland. At: https://www.ndis.gov.au/html/sites/default/files/DSS_NDIA_QLD_agreed_accessable_FINAL_1_August_2016.pdf

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Service management – effective and accountable support service management that are regularly reviewed, accountable and contemporary159.

Disability Discrimination Act 1992The Disability Discrimination Act 1992 provides protection for everyone in Australia against discrimination based on disability and promotes equal opportunity and access for people with disability.

The Disability Discrimination Act makes it against the law to discriminate against someone if they have a disability in the following areas of life:

Employment – for example, trying to get a job, equal pay or promotion

Education – for example, enrolling in a school, TAFE, university or other colleges

Access to premises used by the public – for example, using libraries, places of worship, government offices, hospitals, restaurants, shops, or other premises used by the public

Provision of goods, services and facilities – for example, wanting goods or services from shops, pubs and places of entertainment, cafes, video shops, banks, lawyers, government departments, doctors, hospitals etc.

Accommodation – for example, renting or trying to rent a room in a boarding house, a flat, unit or house

Buying land – for example, buying a house, a place for a group of people, or drop-in centre

Activities of clubs and associations – for example, wanting to enter or join a registered club, (such as a sports club, RSL or fitness centre), or when a person is already a member

Sport – for example, wanting to play or playing a sport

Administration of Commonwealth Government laws and programs – for example, seeking information on government entitlements, trying to access government programs, or wanting to use voting facilities.

Local governments are bound to adhere to the Disability Discrimination Act and provide access and inclusion to people with disability. Specific requirements of local governments under the Disability Discrimination Act include:

Employment within council

Access to public buildings

Local government services and facilities

Building codes and availability of accessible housing

Recreation activities and sports

Local government customer service, provision of information and ability to vote in local government elections.

3.4 Key findings and implicationsIn response to the findings from the Shut Out report and the Productivity Commission’s Disability Care and Support report the disability service system has been significantly overhauled over the past few years.

In 2009, the NDA set out the roles and responsibilities of the Australian Government and the states and territories with a national framework and key areas of reform for the provision of

159 National Standards for Disability Services. At: http://www.wsgipps.com.au/?wpdmdl=982 BACKGROUND TO THE DESKTOP REVIEW UTS:

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government support to services for people with disabilities. This indirectly affected local government whose roles and responsibilities are defined by state legislation.

The NDS represents the first national strategy to coordinate the approach to supporting people with disability across all governments. Under the NDS, local governments are identified as having a significant role in implementation.

The NDIS Act legislates for the NDIS and NDIA. Although the NDIS Act does not specify the role of local government, the types of services and activities provided for under the Disability Discrimination Act may be within the scope of what local governments can provide. In addition, the NDIS provides funding for entities (including local governments) to support people with disability; for example, through Information Linkages and Capacity Building grants.

In addition, local governments must adhere to the Disability Discrimination Act 1992 and ensure people with disability are not discriminated against in: employment, access to public buildings, access to local government services and facilities, accessible housing, recreations and sporting activities, and local government democratic processes.

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4 Statutory review – states and territories 4.1 OverviewThis section is based on a review of statutory legislation by state and territory and identifies and reviews key legislation and regulation policy which relates to the overall role of state/territory government in supporting inclusion of people with disability in each jurisdiction. It is based a search of the AustLII database for key acts and regulations in force in each state. The search included the following key terms:

Disability

Discrimination

Inclusion

Equity

Accessibility

Social planning

Participation.

The aim of the statutory review is to better understand how legislation can support, enable and limit local services. Understanding the legislative and jurisdictional intersection is a key aspect of major policy reform contexts. This section includes:

Australian Capital Territory (Section 4.2)

New South Wales (Section 4.3)

Northern Territory (Section 4.4)

Queensland (Section 4.5)

South Australia (Section 4.6)

Tasmania (Section 4.7)

Victoria (Section 4.8)

Western Australia (Section 4.9)

Key findings (Section 4.10).

4.2 Australian Capital Territory

4.2.1 Disability Services Act 1991The Disability Services Act 1991 aims to enable people with disability to receive the services necessary for them to achieve their maximum potential as members of the community. The Disability Services Act seeks to enable people with disability to receive services which:

Further their integration into the community and complement services available generally to people in the community

Enable them to achieve a better quality of life including increased independence, employment opportunities and integration into the community

Promote a positive image of people with disability in the community and enhance self-esteem

Ensure the quality of life of people with disability is considered when granting financial assistance

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Promotes the provision of high quality and innovate support services to enable people with disability to maximise independent lifestyles and full inclusion in the community

Provides a system to administer funding for people with disabilities that is flexible and responsive to individual needs and aspirations.

Schedule 1 of the Disability Services Act references human rights principles for people with disability. Schedule 2 lists the requirements which must be complied with in relation to the design and implementation of programs and services relating to people with disability.

4.2.2 Discrimination Act 1991The Discrimination Act 1991 makes it unlawful to discriminate based on sex, sexuality, gender identity, disability, race, and age, as well as other attributes. The Discrimination Act also:

Promotes and protects rights and equality before the law and supports the Human Rights Act 2004 (Section 4.2.3). This equality includes the right to live without discrimination of any kind and the right to equal protection of the law as well as equal protection against discrimination on any grounds

Encourages identifying and eliminating systemic discrimination

Promotes and facilitates equality by recognising that discrimination can cause social and economic disadvantage and acknowledges that access opportunities are not equitably distributed throughout society

Acknowledges that the equal application of a rule can have unequal results or outcomes to different groups

Recognises achieving equality may require undertaking reasonable adjustments, accommodation and special measures.  

The Discrimination Act makes it unlawful to discriminate against a person on the grounds of disability in relation to employment or work.

4.2.3 Human Rights Act 2004The Human Rights Act 2004 sets out human rights to encourage individuals to see themselves and each other as the holders of these rights. The Human Rights Act establishes recognition and equality before the law and allows for every citizen to live without discrimination.

4.3 New South Wales

4.3.1 Anti-Discrimination Act 1977The NSW Anti-Discrimination Act 1997 renders unlawful, racial, sex, or other types of discrimination in certain circumstances and promotes equality of opportunity.

Part 4a of the NSW Anti-Discrimination Act specifies the ‘Discrimination on ground of Disability’. Part 4a considers past, future and presumed disability and outlines what constitutes discrimination on the grounds of disability and unjustifiable hardship. The section considers areas such as discrimination in work, education, provision of goods and services, accommodation and registered clubs.

4.3.2 Community Welfare Act 1987The aims of the Community Welfare Act 1987 are to:

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Promote, protect, develop, maintain and improve the wellbeing of the people of New South Wales

Promote family welfare as the basis of community wellbeing.

Importantly, the Community Welfare Act also ensures the provision, to the maximum extent possible, of services for, and assistance to, persons disadvantaged because of:

Lack of adequate family or social support

Persons or family problems that inhibit adequate social functioning

The breakdown of the family as a social unit

Lack of adequate food, shelter or other basic necessities

Physical or intellectual impairment

Membership of ethnic groups which have inadequate access to services or resources available in the community

Age

Lack of information about or access to services or resources available in the community

Residence of places which lack basic services essential to the proper function of those persons.

4.3.3 Disability Services Act 1993The Disabilities Services Act 1993 details the funding and provision of disability services in accordance with certain principles and objectives and for other related purposes. The Disability Services Act aims to:

Acknowledge and support the rights of people living with disability to exercise choice and control in relation to decision-making

Ensure that disability services provided by the government of funded under the Act are of the highest standard and are provided in a manner that is safe, accountable and responsive to the needs of people living with disability

Promote the protection of people living with disability from abuse, neglect and exploitation

Set principles which are to be applied with respect to people living with disability

Set objectives for providers of disability services and for researchers

Provide funding of disability services and research or development activities

Ensure that disability services and research development activities funded under the Disability Services Act are provided or carried out in a manner that applies those principles and meets those objectives.

4.3.4 Disability Inclusion Act 2014The Disability Inclusion Act 2014 supports the purpose and principles of the United Nations Convention on the Rights of Persons with Disabilities. The Disability Inclusion Act relates to the accessibility of mainstream services and facilitates the promotion of community inclusion and the provision of funding, support and services for people with disability.

The Disability Inclusion Act acknowledges that people with disability have the same human rights as other members of the community and that the State and the community have a responsibility to facilitate the exercise of those rights. The Disability Inclusion Act promotes the independence, social and economic inclusion of people with disability.

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The Disability Inclusion Act provides safeguards for the delivery of support and services for people with disability and provides responsibilities of the State during and after the transition to the NDIS.

Disability Inclusion Action Plans The Disability Inclusion Act requires public authorities, including the New South Wales Government and local government, to develop DIAPs. The DIAPs need to outline actions which public authorities will take to make mainstream services and facilities more accessible to people with disability. The DIAPs should focus on:

Aligning key focus areas with the New South Wales Inclusion Plan to develop a coordinated whole-of-government approach to disability inclusion action planning

Creating a greater emphasis on consultation at all stages of development, implementation and monitoring with people with disability, staff and the greater community

Highlighting the importance of governance and accountability and effective implementation.

4.4 Northern Territory

4.4.1 Disability Services Act 2008The Disability Services Act 2008 sets the principles to be implemented in respect to people with disability and objectives for providers of services and researchers for the funding of disability services and for related purposes.

4.4.2 Disability Services Standards implementation guide 2000The Northern Territory Disability Service Standards aim to ensure disability services provided to consumers are consistent with the Principles and Objectives of the Northern Territory Disability Service Act.

The standards are applicable to services funded by Territory Health Services including accommodation, community services, day activities, specialist disability services and advocacy services. The standards aim to inform people with disabilities of their rights in relation to the type and nature of services accessible.

4.4.3 Anti-Discrimination Act 2011The Anti-Discrimination Act 2011 promotes equality of opportunity in the Northern Territory by protecting persons from unfair discrimination in certain areas of activity and from sexual harassment. It aims to provide remedies for persons discriminated against and for related purposes.

The Anti-Discrimination Act aims to:

Promote recognition and acceptance of the principle of the right to equality of opportunity of persons regardless of attributes

Eliminate discrimination against persons on the ground of race, sex, sexuality, age, disability and impairment among other areas for the provision of goods and services

Eliminate sexual harassment.

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4.5 Queensland

4.5.1 Anti-Discrimination Act 1991The Queensland Anti-Discrimination Act 1991 promotes equality of opportunity through protection from unfair discrimination and from sexual harassment.

4.5.2 Disability Services Act 2006The Disability Services Act 2006 protects and promotes the rights of people with disability. The aims of the Act are to:

Acknowledge the rights of people with disability including promoting inclusion in life and the community

Ensure that people with disability have choice and control in accessing relevant disability services

Ensure that disability services funded by the department are safe, accountable and respond to the needs of people with disability

Protect the rights of adults with an intellectual or cognitive disability including regulating the use of restrictive practices by service providers.

The Disability Services Act considers disability rights through human rights principles and service delivery principles.

Queensland Government Disability Service Plans 2007As part of the Disability Services Act, all Queensland Government departments must develop a Disability Service Plan. The plans need to outline the ways and actions that each department will implement to improve access to government services and provide appropriate services for people with disability.

The plans are available on the Department of Communities, Child Safety and Disability Services website. Queensland Government departments are also required to publish their progress and achievements in their annual reporting.

Positive Futures 2014As part of the Disability Services Act, disability service providers must conduct an assessment and develop positive behaviour support plans for individuals with challenging behaviours. The positive support plans outline:

Strategies which respond to individual needs and causes of behaviour

The way in which restrictive practices may be reduced

The ways in which quality of life will be improved.

4.5.3 Disability Sector Quality System 2014The Disability Sector Quality System 2014 provides a framework for the provision of quality services responsive to the needs of people with disabilities. The framework requires all specialist disability services funded by the Queensland government to work through the cycle to reach independent certification.

4.5.4 Disability Services Regulation 2006The Disability Services Regulation 2006 provides basic requirements for funded non-government service providers. The Disability Services Regulation protects people from abuse, neglect or exploitation; decides eligibility; resolves complaints; keeps a register of policies; and collects and reports data.

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The Disability Services Regulation outlines the level of insurance funded non-government service providers must have and some records that services must keep.

4.6 South Australia

4.6.1 South Australian Equal Opportunity Act 1984The Equal Opportunity Act 1984 promotes equality of opportunity for South Australians and aims to eliminate discrimination based on the grounds of sex, race, disability and other grounds. The Equal Opportunity Act promotes the participation of all members of the community in the economic and social life of the State.

Part 5 of the Equal Opportunity Act prohibits discrimination on the ground of disability in the areas of work and education, and in relation to land, goods, services, and accommodation among other areas.

4.6.2 Disability Services Act 1993The Disability Services Act 1993 provides legislation for the funding and provision of disability services and outlines principles and objectives for disability service provision.

The purpose of the Disability Services Act is to:

Acknowledge and support the rights of people with disabilities to exercise choice and control in decision-making

Ensure that government funded disability service provision is of the highest standard and is provided in a safe, accountable, responsible and responsive manner to the needs of people with disability, their families and carers

Promote the protection of people with disability

Outline principles and objectives for government funded disability service providers

Provide for the funding of disability services and research or development activities

Ensure that funded disability services providers, conduct research and development activities in a manner which reflects the Disability Services Act principles and objectives.

4.6.3 Development Act 1993The Development Act 1993 provides for the planning and regulation of development, use and management of buildings, design and construction of buildings, and provisions for maintenance and conservation of land and buildings.

Section 53A affirms that if an application for building works does not comply with the requirements of the Building Code of Australia in relation to access to buildings, facilities and services within buildings for people with disability then a relevant authority may require, as a condition for approval, the building work be carried out to the necessary extent to ensure compliance with the Building Code of Australia.

4.7 Tasmania

4.7.1 Anti-Discrimination Act 1998The Anti-Discrimination Act 1998 makes discrimination and other discriminatory conduct, such as sexual harassment, unlawful. The Anti-Discrimination Act also provides legalisation for investigation into complaints of discrimination.

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The Anti-Discrimination Act defines the grounds on which a person cannot be discriminated against, including race, age, sexual orientation, sexual activity, gender, disability and other areas.

The Anti-Discrimination Act protects against direct and indirect discrimination in the areas of work, education, provision of facilities, goods and services, access to public premises, accommodation, land ownership and registered clubs.

Section 104 of the Anti-Discrimination Act requires that all organisations take an active role to ensure compliance with the legislation by employees, managers and others. The Anti-Discrimination Act makes organisations directly liable for all breeches by their employees, agents and officers.

4.7.2 Tasmanian Disability Services Act 2011The Disability Services Act 2011 relates to the provision of specialist disability services and other goods and services which relate to people with disabilities. Additionally, the Disability Services Act regulates the use of restrictive interventions for people with disability. It repeals the previous Disability Services Act 1992.

The purpose of the Disability Services Act is to:

Provide funding of specialist disability services, certain goods and services, research, and development activities

Provide effective planning, prioritisation and scrutiny of the specialist disability service providers and grants

Set out principles for the provision of disability services, activities and functions

Set out standards for government funded disability service providers

Provide for funding of disability service providers

Regulate the use of restrictive interventions by disability service providers.

The Disability Services Act requires the Minister of Human Services to approve a Disability and Community Services Strategic Plan beginning in 2013 and subsequently every three years. The Disability and Community Services Strategic Plan needs to be developed in consultation with clients, families, and carers, as well as services and advocacy organisations.

4.7.3 Disability Services Regulations 2015The Disability Services Regulations 2015 apply to all service providers who design, administer and provide specialist disability services and are funded by the Tasmanian Department of Health and Human Services.

The Disability Services Regulations are a transitional reform required for the NDIS implementation. The Disability Services Regulations focus on human rights, person-centred approaches, choice, independence, and decision-making for people with disability.

The Disability Services Regulations focus on six key areas:

Rights

Participation and inclusion

Individual outcomes for people with disability

Feedback and complaints

Service access

Service management.

Funded disability service providers must meet standards outlined under each key area.

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4.8 Victoria

4.8.1 Disability Services Act 2006The Disability Services Act 2006 aims to strengthen the rights of people with disability. The Disability Services Act recognises that to strengthen these rights and responsibilities it is necessary to have support with the whole-of-government and within communities.

The purpose of the Disability Services Act is to:

Advance inclusion and participation of people with disability in the community

Promote a whole-of-government plan which responds and supports the needs of people with disability

Facilitate planning, funding and provision of services and programs in relation to people with disability

Promote and protect the rights of people with disability

Support the provision of high quality disability services

Ensure disability service providers are accountable to people with disability for service access

Ensure that public funds are used efficiently and effectively by disability service providers.

The Disability Service Act repeals the Intellectually Disabled Persons Act 1986 and the Disability Services Act 1991.

The Disability Service Act requires that people with disability be given information which explains their rights when using disability services. The information given under the Disability Service Act must use communication and language which the individual is most likely to understand and where possible be explained in person as well as in writing.

The Disability Service Act changes the way people access disability services by stating people with physical, sensory or neurological impairments, acquired brain injury or intellectual disability, or developmental delay have the right to access disability services. It also strengthens rights in residential services, provides for a better complaints and review system, improves the quality of services and protects the rights of people subject to restrictive intervention.

The Disability Service Act includes three key areas which focus on the social inclusion and participation of people with disability in their local community.

Victorian Disability Advisory CouncilThe Disability Service Act establishes a Victorian Disability Advisory Council which provides to the Minister for Community Services on issues which affect people with disability across all government services. The Victorian Disability Advisory Council has the following functions:

Provide advice to the Minister on whole-of-government policy directions and strategic planning and implementation of initiatives for people with disability.

Advise the Ministers of the barriers to full inclusion and participation in the community and removal of these barriers for people with disability

Communicate with people with disability, the Government of Victoria and the community

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Raise community awareness on the rights of people with disability and the role of government, business and community

Consult and work with other disability advisory councils at a national, state and local government level

Monitor implementation of strategies to improve inclusion and participation in the community.

Disability State PlanThe Disability State Plan 2017-2020 is currently in development. Like its two predecessors, the Disability State Plan will develop an overarching framework for improving mainstream services and environments for people with disability.

Disability Action Plan Disability Action Plans are required from all public sector bodies to:

Reduce barriers to people with disability in accessing goods, services and facilities

Reduce barriers to people with disability in obtaining and maintaining employment

Promote inclusion and participation in the community of people with disability

Achieve tangible changes in attitude and practices which discriminate against persons with disability.

4.8.2 Victoria Charter of Human Rights and Responsibilities Act 2006The Charter of Human Rights and Responsibilities Act 2006 outlines basic rights and responsibilities of all residents of Victoria. The Charter requires public authorities, such as local government departments and agencies and service providers funded by the Victorian Government to act with in accordance to the Charter.

The Charter outlines 20 fundamental human rights, which public servants, local government, Victoria police and other public authorities must consider and abide by when developing policies, making laws, delivering services and making decisions. Section 8 outlines that every person should enjoy human rights without discrimination, including the effective protection against discrimination.

4.8.3 Victorian Equal Opportunity Act 2010The Equal Opportunity Act 2010 re-enacts and extends the law relating to equal opportunity and protects against discrimination, sexual harassment and victimisation.

The Equal Opportunity Act further promotes equality rights outlined in the Charter of Human Rights and Responsibilities and makes discrimination on the grounds of race, age, breastfeeding, sex, gender identity, disability and other areas unlawful.

The Equal Opportunity Act stipulates that employers must make reasonable adjustments for persons offered employment or employees with disability which may include providing a ramp for access, modifying work instructions, allowing more frequent breaks or providing leave during work hours for medical reasons.

The Equal Opportunity Act also states it is unlawful to discriminate in the provision of goods and services, and disposal of land, accommodation, sport and superannuation.

4.8.4 Building Act 1993 The Building Act 1993 regulates building work and building standards. It provides for accreditation of building projects, construction methods and building system and provides effective systems for issuing building and occupancy permits.

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Section 160B of the Building Act stipulates that an application may be made to the Building Appeals Board for review of a building or land to ensure compliance with access provision of the building regulations and not impose unjustified hardship on the applicant.

4.9 Western Australia

4.9.1 Western Australia Equal Opportunity Act 1984The Western Australia Equal Opportunity Act 1984 aims to:

Eliminate discrimination on the grounds of sex, marital status, race, impairment and other related areas

Eliminate sexual harassment and racial harassment in the workplace and in education and accommodation

Promote recognition and acceptance of gender equality

Promote recognition and acceptance of equality of all people regardless of race, religious or political convictions, impairment or age.

4.9.2 Disability Services Act 1993The Disability Services Act 1993 established the Disability Services Commission and the Ministerial Advisory Council on Disability. The Disability Services Act equally establishes and advances the principles and objectives for people with disability and stipulates funding and provision of disability services.

The establishment of the Disability Services Commission replaces the Authority for Intellectually Handicapped Persons. The Disability Services Commission functions are to:

Establish local and other body representatives of people with disabilities, family and carers

Develop policies for the provision, support and facilitation of disability services

Develop grants

Encourage service providers to adapt services that meet the needs of people with disability

Inform the general public and promote the acceptance of people with disability

Advise public authorities in relation to the preparation of disability access and inclusion plans and evaluate the effectiveness of such plans

Adopt disability services standards

Investigate the effect of legislation on people with disability.

The Disability Services Act also requires all local government and selected State government agencies to develop Disability Access and Inclusion Plans (DAIPs) to plan and implement improvements to access and inclusion to services, facilities, information, quality of services, employment and consultation processes.

4.10 Key findings This review illustrates that state and territory legislation in Australia is largely consistent content and intent, with only a few insignificant differences. Key findings are described in the following sections.

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4.10.1 Importance of federal legislation There is a core group of key legislation across the states and territories. Every state and territory has anti-discrimination legislation as well as legislation on the provision of funding for disability services and planning laws. These areas of legislation correspond with federal legislative obligations.

Federal legislation is key as it drives response from other levels of government, including state and local governments. Federal legislation provides a minimum standard for the states and territories, which is a strong driver of legislation impacting people with disability. Federal frameworks and legislative schemes, such as the Disability Discrimination Act, Building Code of Australia, National Disability Strategy, and the National Disability Insurance Scheme, underpin state and territory legislation and policy.

An equally important role for federal legislation is to cover any ‘gaps’ in state legislation. In this role, federal legislation would provide one set of consistent legal standards, regardless of geography.

4.10.2 Trends across state and territory legislation A notable trend across the legislation of state and territories in Australia is the growing number of laws related to improving the social and economic inclusion of people with disability within their communities. Victoria, Western Australia, and now New South Wales, have all amended legislation to hold public statutory authorities responsible for developing plans and implementing actions which improve the social and economic inclusion of people with disability.

The greater emphasis on governance and accountability to improve the lives of people with disability is something increasingly seen in the state and territory legislation as is the empowerment and execution of greater control, choice and decision-making by people with disability.

Disability inclusion plans are commonly overseen by either a disability or related statutory Commission to ensure accountability towards the progression of inclusion of people with disability in their communities. Victoria and New South Wales describe their effects as a ‘whole-of-government’ approach towards inclusion, which furthers the rights of people with disability to enjoy an equal standard of living. A whole-of-government approach and a holistic understanding of disability also drive the implementation of policies which improve the lives of people with disability on a local level, impacting the good and services utilised by people with disabilities every day and opening the accessibility of mainstream services.

Overall, the review found there is power in legislation, both at the federal and state level, for ensuring the rights of people with disability, supporting access to goods and services, enabling and promoting equal opportunity.

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5 Data analysis 5.1 OverviewLocal governments have an important role to play in ensuring that people with disability have access to mainstream services, and in some cases, may provide direct assistance and services to people with disability. The most relevant data comes from the Australian Bureau of Statistics (ABS) Survey of Disability, Ageing and Carers (SDAC). The 2015 SDAC is the most recent in a series of comprehensive national surveys and follows similar surveys in 1981, 1988, 1993, 1998, 2003, 2009 and 2012. The survey is designed to:

Measure the prevalence of disability in Australia

Measure the need for support of older people (those aged 65 years and over) and those with disability

Provide a demographic profile of people with disability, older people and carers compared with the general population.

The survey is conducted in all states and territories and across urban, rural and remote areas of Australia (other than very remote areas)160. The 2015 SDAC helps provide an understanding of the role local government plays in supporting the social and economic inclusion of people with disability, their families and carers.

This section only analyses the 2015 SDAC results because the aim of the desktop review is to understand the current role government plays in supporting people with disability. The data was analysed by state and territory to assess similarities and differences between jurisdictions, and in some cases, was assessed by geographic location.

Whilst the SDAC provides limited information on local government specifically, it does show some indicative data trends that could be tested during future phases of this project.

This section includes insights on:

Level of need and demand for disability services (Section 5.2)

Role of local government in providing information on assistance (Section 5.3)

The primary providers of assistance (Section 5.4)

Social and economic participation (Section 5.5)

Key findings (Section 5.6)

5.2 Level of need and demand for disability servicesThere are significant differences in disability prevalence rates across Australia's states and territories, largely due to differing age structures. Tasmania and South Australia have older populations and recorded the highest disability prevalence rates (25% and 22%, respectively).

In comparison, Northern Territory, Western Australia and the Australian Capital Territory, which have younger populations, recorded lower disability prevalence rates. These differences are shown in Table 5 which indicates the different levels of demand or need for disability services in different jurisdictions.

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TABLE 5 PROPORTION OF PEOPLE WITH DISABILITY BY STATE AND TERRITORY (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Proportion of people with disability 18 18 18 22 14 25 11 16 19

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

The prevalence of disability increases with age, i.e. a person is 14 times more likely to have a disability at age 65 than they are at age four. In areas where there is growing number of older people there will likely be an increasing number of people with disability161.

There are also differences in the proportion of people with disability living in major cities, inner regional and other geographic locations with inner regional areas in Australia having the highest rates of disability. This is shown in Table 6. TABLE 6 PROPORTION OF PEOPLE WITH DISABILITY BY REMOTENESS (%)

Major cities Inner regional Other

Proportion of people with disability 16 23 22

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

The operating contexts for local governments in different geographic location are therefore likely to be significantly different. Local governments working in inner regional and other areas will have smaller rate bases from which to collect income and most likely will be responsible for service provision across larger geographic areas.

5.3 Role of local government in providing information on assistanceData from the SDAC, which asks people with disability to identify where they found information on their service provider, can be used to assess the role local government plays in providing information on assistance.

Table 7 shows the extent to which people with disability use local government as an information source. TABLE 7 HOW DID RECIPIENT FIND OUT ABOUT MAIN FORMAL ASSISTANCE PROVIDER? (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Friend or relative 27 27 25 25 25 24 38 33 26

Phone book, newspaper or advertisement 9 10 11 10 9 10 13 16 10

Local health centre or clinic 16 10 9 12 12 11 8 10 12

Government department 9 7 9 5 8 8 13 20 8

Local government 0 8 1 4 1 0 0 0 3

General practitioner 33 39 38 43 43 46 21 20 37

Counsellor, social worker or welfare officer 4 3 5 5 5 5 8 7 4

Other health worker 3 4 5 3 3 4 0 10 4

Other 19 19 15 19 12 17 13 12 18

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder

161 D., Buhalis and S., Darcy eds, 2012. Accessible Tourism: Concepts and Issues. BACKGROUND TO THE DESKTOP REVIEW UTS:

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People with disability in most states and territories did not use local government to find a formal assistance provider. However, in Victoria (8%) and South Australia (4%) a small proportion of people with disability did rely on local governments for information.

5.4 The primary providers of assistance This section examines the extent to which local government and other government organisations are relied on to be the primary providers of assistance and provides some indication as to the extent to which government organisations play a role in directly supporting people with disability.

Table 8 shows that across Australia, 7% of people with disability rely on local governments or other government services in a time of crisis. This represents approximately 300,000 people with disability nationally. In addition, a further 7% of people do not have anyone to support them in times of crisis. TABLE 8 WHO, EXCLUDING THOSE LIVING WITHIN THE HOUSEHOLD, WILL PROVIDE SUPPORT IN A TIME OF CRISIS? (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Friend 55 57 54 56 58 62 61 68 56

Neighbour 31 30 30 30 32 33 26 32 31

Family member 82 84 79 82 82 80 70 85 82

Work colleague 9 10 10 9 9 10 17 16 10

Community, charity or religious organisation 11 11 13 12 10 14 14 15 12

Local government or other government services 6 9 7 8 7 9 9 16 7

Health, legal or financial professional 15 19 21 20 16 24 16 27 18

Other 1 1 1 1 1 1 1 1 1

Does not have anyone who does not live with who can support them in time of crisis

8 6 8 6 7 5 9 4 7

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

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Table 9 shows that the extent to which a government, not for profit or private organisation is relied on for assistance for a core activity differs between state and territory. People with disability in Victoria, Tasmania, the Northern Territory and Australian Capital Territory rely more heavily on government organisations than people living with disability in other states and territories. TABLE 9 ORGANISATIONS CONTACTED FOR ASSISTANCE WITH AT LEAST ONE CORE ACTIVITY IN THE LAST 12 MONTHS (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Government organisation 57 69 50 62 66 70 69 71 60

Private non-profit organisation 25 20 36 20 32 24 38 27 26

Private commercial organisation 37 35 33 31 24 24 50 33 33

Don't know 3 1 6 4 3 0 0 5 3

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

Table 10 shows which type of organisation was contacted for assistance with non-core activities (in contrast to Table 9 which shows data on core activities). People with disability rely more on private commercial organisations for assistance in most states and territories apart from Western Australian, South Australia and Tasmania. Notably, these are all places with low population density.TABLE 10 ORGANISATIONS CONTACTED FOR ASSISTANCE WITH AT LEAST ONE NON-CORE ACTIVITY IN LAST 12 MONTHS (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Government organisation 41 51 37 54 48 56 39 43 45

Private non-profit organisation 20 11 25 19 25 16 17 23 18

Private commercial organisation 61 60 57 50 48 53 59 68 58

Don't know 3 2 3 2 3 2 0 1 3

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

TABLE 11 ORGANISATIONS CONTACTED FOR ASSISTANCE WITH AT LEAST ONE NON-CORE ACTIVITY IN LAST 12 MONTHS BY REMOTENESS (%)

Major cities of Australia

Inner regional Australia

Outer regional Australia

Remote Australia AUS

Government organisation 43 47 54 64 45

Private non-profit organisation 18 18 19 14 18

Private commercial organisation 59 61 42 41 58

Don't know 2 2 4 0 3

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

Table 11 shows the same data as Table 10 except it relates to remoteness levels. In Table 10 there appears to be an inverse relationship between the reliance on private commercial organisations and the remoteness of locations. 64% of people with disability living in a remote area contact government organisations for assistance and 41% contact a private commercial organisation. This contrasts with people with disability living in a major city with 43% contacting government organisations and 59% contacting a private commercial relationship.

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5.5 Social and economic participation Measurement of economic activities is examined through labour force statistics and measurement of community participation is examined through data on people with disability’s ability to access public transport. Table 12, Table 13 and Table 14 show how people with disability participate in social and economic activities. TABLE 12 LABOUR FORCE STATUS AND FULL-TIME/PART-TIME STATUS (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Employed working full-time 43 40 43 39 44 35 63 51 42

Employed working part-time 21 23 21 23 23 23 16 19 22

Unemployed looking for full-time/part time work only 3 4 4 4 3 5 2 3 3

Not in the labour force 33 33 32 34 29 37 19 27 32

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

South Australia and Tasmania have the lowest labour force participation rates (below 40%) and the Northern Territory and the Australian Capital Territory have the highest. All labour force rates for people with disability are below the rate of full-time employment for people without disability162.

Whilst on average, 83% of people with disability in Australia can use all forms of public transport, 17% (688,000) are not able to access all forms of public transport and the vast majority of these could not use any form. This is shown in Table 13. TABLE 13 ABILITY TO USE PUBLIC TRANSPORT (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Could use all forms of public transport 84 84 81 81 85 84 82 87 83

Could use some but not all forms 5 5 4 4 3 5 5 3 5

Could not use any form 10 11 14 15 11 11 14 9 12

Does not leave home 1 0 0 0 1 0 0 0 1

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

Amongst those who were unable to use some or all forms of public transport, the most commonly reported areas of difficulty were:

Access difficulties with regard to steps which was most likely to be reported by Tasmania respondents (7%) and least likely by those in Western Australia (4%)

Difficulty in getting to stops and stations which was most concerning for respondents in Tasmania and Queensland (both 5%) and least so for those in the Northern Territory (1%).

This is shown in Table 14.

162 Australian Human Rights Commission 2016, Willing to Work: National Inquiry into Employment Discrimination against old Australians with Disability. Available at: www.humanrights.gov.au/news/stories/willing-work-national-report-released

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TABLE 14 REASONS FOR INABILITY TO USE SOME OR ALL FORMS OF PUBLIC TRANSPORT163 (%)

NSW VIC QLD SA WA TAS NT ACT AUS

Getting to stops/stations 4 4 5 4 3 5 1 4 4

Access difficulties - steps 6 6 6 5 4 7 5 5 6

Access difficulties - doors 3 2 2 2 2 2 1 2 2

Access difficulties - other 2 1 2 1 1 1 1 1 1

Inadequate access to toilets 1 1 0 1 0 0 0 0 1

Able to use all forms of public transport 84 84 81 81 85 84 82 87 83

Does not leave home 1 0 0 0 1 0 0 0 1

Source: ABS 2015, Survey of Disability, Ageing and Carers, TableBuilder.

5.6 Key findings Outlined below are the overall findings from the analysis of SDAC data and what could be tested in the next stages of the project.

5.6.1 Differences between states and territories and geographic areas There are significant differences between states and territories in terms of the:

The proportion of people with disability. High demand in states and territories and geographic locations impacts on the role of local government in supporting people with disability since local governments traditionally respond to issues when there is a high demand for services or high levels of community

Reliance on local government as an information provider. People with disability still rely on government organisation to provide assistance with core and non-core activities, in emergencies and in some cases for information on services. However, people with disability living in remote areas are more likely to be reliant on a government organisation to provide support than those living in a major city

Reliance on government organisations to provide support for core and non-core activities. Local governments and government organisations play an important role in supporting people with disability in times of crisis and in assisting them with core and non-core activities. Private commercial organisations play a greater role in supporting people with disability in non-core activities although if a person lives in an outer regional and remote part of Australia they are more likely to rely on a government organisation for assistance with non-core activity

Accessibility of public transport. Local governments provide many of the services and support that enables participation in social and economic activities. Local governments are responsible for many community and essential services i.e. footpaths and roads, public toilets that facilitate access to activities. Where there are barriers to public transport there are lower forms of participation in economic activities.

Differences between states and territories could be the result of different state government legislation and policies. Exploring the outcomes of different state and territory government legislation could provide insights into the policy and legislative levers which could enable and drive local government to support people with disability. For example, Victorian local governments have had a legislated role, and have had funding provided, to support people with

163 For the purposes of this research other reasons that were identified were deleted from this table. The other reasons that were identified were not related to local government and the majority were less significant than the ones that remain in this table. BACKGROUND TO THE DESKTOP REVIEW UTS:

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disability since 2006 under the Disability Services Act (Section 4.8.1). Similarly, in Western Australian it has been mandatory for local governments to develop and implement disability inclusion and access plan since 1993 under the Disability Services Act (Section 4.9.1); however, local governments have not been resourced by the state government. Differences in terms of geographic areas also reflect the vastly different operating contexts for local governments in major cities compared with local governments in remote areas.

The future phases of this project will be important to test these differences and further explore:

The type and extent to which local governments provide assistance to people with disability and whether/if this differs depending on context

Whether there are different challenges, barriers and/or opportunities as result of these operating contexts

If they provide any support to non-government and private organisations that are providing services and support to people with disability

What specifically enables local governments in Victoria and South Australia to be a source of information and what impact this has on people with disability

What type of support local governments provide in times of crisis and whether this differs between states and territories, especially whether there is more that local governments could do to support the 7% of people with disability that do not have any crisis support

Why local government is being relied upon more in remote areas than metro areas and what type of assistance is being provided

The extent to which local governments ensure that services are inclusive and accessible and what local governments have done successfully to limit the barriers that people with disability face.

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6 State of play in local government6.1 Overview Local governments in Australia operate in different jurisdictional and geographic contexts, which impacts the type of services they deliver, enable and advocate for in their local area. State- and territory-specific legislation and regulation, community needs and expectations, and fiscal environments impact on the role and activities of local government in supporting the inclusion of people with disability.

This section analyses the qualitative data gathered via phone interviews with local governments across Australia on the range of activities local governments deliver, enable or advocate for which drive social inclusion of people with disability. It shows that there are key factors which enable or drive local government to support people with disability and that these factors differ between jurisdictions, geographic locations; for example, urban, regional, rural and remote and fiscal contexts. This section includes:

Methodology (Section 6.2)

Activities of local government which support inclusion (Section 6.3)

Key findings (Section 6.4)

Barriers and challenges (Section 6.5)

Impact of each factor (Section 6.6).

Findings from the qualitative data are only preliminary and will be tested through next phases of this research project.

6.2 Methodology

6.2.1 Overall approachPhone interviews with staff from 46 local governments from across Australia were undertaken to provide high-level insights into the role local government plays in supporting people with disability, their families and carers, and how different factors impact on the role and activities they deliver, enable and for which they advocate. This represents almost 10% of local governments operating in Australia (in total there are 565 local governments across Australia).

Discussions typically lasted between 15 to 30 minutes and were carried out with staff from the Community Service Division of local governments. Interviews were predominately with managers, coordinators and officer-level staff.

6.2.2 Sampling processA sampling method which selected local governments based on their Australian Centre for Excellence on Local Government (ACELG) local government classification categories ensured a representative sample of local governments from across Australia. The classification categories are:

1. Urban Capital City

2. Urban Development Small/Medium

3. Urban Development Large/Very Large

4. Urban Regional

5. Urban Fringe

6. Rural and Remote.

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This is explained further in the text below.

Explanation of ACELG local government categories system ACELG categories are based on the Australian Classifications of Local Government categories, which have been developed using the population, population density and proportion of the population that is classified as urban.

The Australian Classification of Local Government system is used to determine financial assistance grants as defined under the Local Government (Financial Assistance) Act 1995. There are 22 categories under this classification system and it is not easily used for comparative research purposes164.

ACELG created six categories to use when undertaking large national comparative research projects165.

The steps taken as part of the sampling process were:

The process began by interviewing up to 10% or 56 local government staff. Although only 46 staff were interviewed, this did include at least three local governments in every jurisdiction and a broad range of local governments located in regions across Australia

The number of local governments interviewed was dependent on each state and territory population size. This meant that were more local governments contacted in the larger states

The number of local governments interviewed under each category was dependent on the proportion of local governments in each category in that jurisdiction. For jurisdictions with smaller populations this meant that (in some cases) the sample process led to only one local government being interviewed in an ACELG category

Due to Urban Capital Cities in each jurisdiction having larger resident and service populations, it was determined that it would be necessary to speak to each one.

6.2.3 Number of local government staff that participated Overall, staff from 46 local governments participated in interviews. Local governments were predominately from the Urban Regional and Rural and Remote ACELG categories. TABLE 15 NUMBER OF LOCAL GOVERNMENTS INTERVIEWED BY ACELG LOCAL GOVERNMENT CATEGORIES

Urban Capital

City

Urban Development

Small/Medium166

Urban Development Large/Very Large

Urban Regional

Urban Fringe

Rural and Remote

Australia 7 2 6 11 8 12

New South Wales 1 1 1 4 3 1

Victoria 1 - 2 3 2 3

Queensland 1 - 2 2 3

Western Australia 1 1 1 1 1 2

South Australia 1 - 1 - - 1

Tasmania 1 - 1 1 - -

164 Australian Government Department of Infrastructure and Regional Development 2013, Australian classification of local governments, http://regional.gov.au/local/publications/reports/2002_2003/appendix_f.aspx. 165 Ryan, R et al. 2015, Why Local Government Matters, www.uts.edu.au/sites/default/files/WLGM-Stage-1-Report.pdf 166 There is only small proportion of local governments that fit within the Urban Development Small/Medium category and therefore only a small number of local governments in this category were interviewed.

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Urban Capital

City

Urban Development Small/Medium

Urban Development Large/Very Large

Urban Regional

Urban Fringe

Rural and Remote

Northern Territory 1 - - - - 2

Note: The Australian Capital Territory (ACT) has no local government and the ACT government is responsible for all disability-specific service, policies and programs.

6.2.4 Lines of inquiry Discussions were designed to ask about their local government’s role in providing, enabling and/or advocating for disability services/programs which support social inclusion of people with disability. The aim was to understand the types of activities and initiatives that local governments undertake and what factors enable or drive them to do so.

Interviews consisted of the following key lines of inquiry:

Does your local government have any policies and/or plans that support inclusion of people with disability, their families and carers?

Does your local government deliver or fund services or programs that support people with disability?

Does your local government work with governance committees or other external partners to develop policies, programs and services that support people with disability?

Do local government staff work across divisions to ensure that facilities and services are inclusive and accessible for people with disability?

What are the barriers and challenges that local government faces in supporting people with disability?

6.3 Activities of local government which support inclusionAs discussed in Section 2.2, local governments have a varied role in supporting people with disability and increasing accessibility and inclusion at a local level. Whilst this analysis does not assess the outcomes or impacts of the different initiatives of local government, the discussions with local government staff show that local government activities and initiatives are to:

Provide services directly to people with disability, their families and carers

Enable or facilitate services and access to services and facilities

Advocate for services or support167.

Local governments interviewed typically play one, some, or all of three roles in their local area, i.e. they deliver services, enable services or support, and advocate for services or support.

Importantly, there is no ‘ideal’ role for local government and ‘no one size fits all’. Local governments respond to the needs of their communities, have different barriers and challenges and operate in different legislative and regulatory contexts.

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Table 16 lists the three roles local governments play and the range of activities identified for each role. TABLE 16 ROLE OF LOCAL GOVERNMENT IN SUPPORTING PEOPLE WITH DISABILITY

Role Activities under each role

Direct service provider

Types of services that local governments directly delivered were:

Respite services – services for family members and carers to enable them to participate in family, social and community activities

Home care and support – local government employs staff that provide domestic assistance (cleaning, washing clothes), personal care (helping with bathing or showering), home maintenance, home modification and/or nursing care

Recreational activities – organise specific activities or events for people with disability

Meals on wheels – deliver meals directly to people with disability

Community transport – have an accessible bus or taxi service that transports people with disability to participate in recreational activities and get to health appointments.

Local governments rarely deliver all the services that are listed here. They deliver a selection of services depending on the needs of people with disability living in their communities.

Enabler of services and access to services and facilities

Enabling and facilitating services and support exists in a range of forms, such as:

Providing financial assistance to disability non-government organisations to support their operations and enable them to deliver more services, including direct funding grants (such as community grants) and in-kind support (such as use of local government facilities/infrastructure for low or no cost)

Organising workshops and forums with other disability sector organisations to support sector development which allows disability practitioners to network, share information about services that are available locally and build service delivery partnerships

Coordinating and establishing one-off programs targeted to meet specific needs (these types of programs were delivered by specialist disability organisations but local government played a role in establishing them and engaging clients/customers)

Organising expos and special events which help people with disability find services in the area and share information among the community about what services are available

Referring people with disability to appropriate service providers

Building or updating infrastructure and essential facilities such as toilets, footpaths, entrances to public building to enable access for people with disability

Providing training to businesses/ private enterprises about how to improve accessibility to their services and facilities

Establishing governance committees and advisory networks which bring people with disability together to identify issues they face, inform the local government, and advocate for better services

Conducting research engaging people with disability to determine what the community needs are and relaying this information to non-government organisations for state and federal funding grants.

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Role Activities under each role

Advocate for services and support

Local governments actively advocate for services and supports by:

Lobbying other tiers of government to establish specific programs which could be delivered by non-government organisations

Lobbying other tiers of government for one-off funding grants to update existing infrastructure and services

Writing letters of support for non-government organisations applying for grant funding

Lobbying businesses to provide sponsorships for specific programs

Lobbying other internal divisions of local government to consider disability access issues, for example, to adopt principles of Universal Design.

6.4 Key findings Six main factors exist which drive or enable local government to play a role in supporting people with disability in their localities. These factors are:

1. Legalisation and regulations

2. Level of need within the community i.e. the extent to which members of the community require support

3. Local networks and connections i.e. the networks and connections with organisations with expertise in disability inclusion and access issues

4. Resources i.e. the availability of resource to dedicate to access and inclusion

5. Capacity and capability within local government to identify and address access and inclusion issues

6. Community engagement i.e. the extent to which the community is engaged and consulted regarding their access and inclusion needs.

Each factor impacts local governments in their various jurisdictional and geographic contexts in different ways. The following section describes each factor and how it enables or drives local government actions to support people with disability.

6.4.1 Legislation and regulations Jurisdictions have differing legislation and regulation that relate to the inclusion of people with disability. Differences between local government roles and responses to improving access and inclusion can be seen as a result of the different legislative and regulatory requirements on local governments.

Legislation and regulations impact on:

The types of activities local governments implement in supporting people with disability

Minimum standards in response to access and inclusion issues faced by people with disability

The extent to which all local governments in a jurisdiction have a consistent approach to supporting people with disability.

In addition, whilst legislation is crucial in driving local government action to support people with disability, the way local government interprets and implements the legislation also has a significant impact.

Outlined below are the different types of legislation and regulation that impact on the role local government played in supporting people with disability.

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Disability inclusion and access planning legislation As noted in Section 4, disability inclusion and access legislation makes it mandatory for local governments to undertake a planning process which examines and addresses inclusion and access issues.

Overall, disability inclusion planning:

Increases awareness amongst local government staff of disability inclusion issues

Generates an opportunity to engage with the community to better understand the need of people with disability, their families and carers

Increases local government capacity and capabilities to address inclusion and access issues

Helps foster greater collaboration and communication between different divisions of local governments regarding disability inclusion and access issues

Motivates local government to take actions to ensure that local government services and facilities are inclusive and accessible

Establishes monitoring and accountability structures which ensure projects aimed at improving access and inclusion are completed.

Variability in the effectiveness of disability inclusion and access legislation There is variability in the effectiveness and outcomes of disability inclusion plans depending on how the legislation was interpreted and implemented. Plans which were developed internally with little consultation with disability service providers and/or people with disability were less effective than plans which had more inclusive community engagement and consultation processes.

Many local governments consider that engagement with people with disability is a key determinant in the effectiveness of any disability inclusion plan although not all are able to achieve this due to resource constraints (money, time and staff).

Impact of building legislation and regulationsAll local governments consider building regulations and legislation crucial in ensuring that the Planning and Infrastructure Divisions within their councils consider disability access issues when planning and building physical infrastructure and assessing development applications.

Unfortunately, there are instances where physical infrastructures meet building standards but are not usable by members of the community who had a disability.

Example of when ‘standards’ do not meet ‘needs’

A Community Development officer noted that people with disability complained about newly built footpaths and kerbs despite the Director of Infrastructure stating that all new infrastructure met building/infrastructure code standards.

Anti-discrimination legislation All local governments adhere to anti-discrimination legislation but there are only a few local governments have policies which enable or support people the employment of people with disability. Interestingly, local governments which employ people with disability already or employ a relative of someone with disability are more likely to consider disability inclusion and access issues as part of planning and projects.

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Differences between the states and territories and geographic locationIn Victoria, Western Australia and New South Wales, where disability inclusion and access planning is mandatory, local governments have provided resources to support inclusion and access planning and the implementation of projects.

In states and territories without disability inclusion and access planning legislation:

Urban Capital City and Urban Development Large/Very Large local governments were more likely to have disability inclusion and access plans

Urban Regional and Rural and Remote local governments were less likely to have them.

Urban Capital City and Urban Development Large/Very Large local governments are more likely to have larger community service divisions and more resources available. This suggests that resources are needed in the absence of mandatory legislation to drive local government inclusion and access planning.

Local governments in jurisdictions without disability inclusion and access planning legislation have greater variability in terms of their approach to disability inclusion issues. Disability inclusion and access legislation creates a minimum standard and helps ensure that disability access and inclusion issues are on the ‘radar’ of local government staff in both community, planning and infrastructure divisions, as well as at the executive level.

6.4.2 Level of need in the community A key driver of local governments’ actions to support people with disability is the need within the community. Local governments plan and implement initiatives which support people with disability if:

There is strong evidence of needs, i.e. high numbers of people with disability

There are strong advocates who identified issues and informed actions (staff and elected members).

Evidence of need Local governments with an ageing population or with a sizable proportion of people with disability living within the community are more likely to deliver services directly and consider disability access and inclusion issues. These local governments adopt more of a ‘whole-of-organisation’ approach and access and inclusion are highly prioritised across all divisions.

In addition, Urban Capital City local governments were also more likely to be proactive in considering access and inclusion issues due to a high number of visitors (local and overseas) who utilise the facilities and services in the area.

Example of an initiative that caters to visitors

One Urban Capital City local government implemented a number of policies and programs which have been targeted at improving access and inclusion of visitors to the local government area.

For instance, the local government developed an online map which shows the location of potential barriers, such as stairs or steep hills, and access features, such as the nearest accessible toilet or taxi rank. This provides people with disability greater confidence in visiting the local government area.

The purpose of the map is to ensure that people with disability can visit and utilise services and facilities and also access recreational and tourist experiences.

Advocating for local need While evidence of need is important, strong advocates and community leaders have a major impact on determining the role of local government in supporting people with disability and the type of activities they undertake.

People who lobby local elected members and executive staff of local government are also more able to help local government identify issues and inform the development of solutions. They are

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also able to increase local government capability and knowledge of disability access and inclusion issues and as result the capacity of local government staff is increased which allows them to be more proactive in addressing issues.

Local governments with governance committees which include people with disability (either access committees or other committees) also establish pathways by which disability advocates and people with disability can interact with and influence local government.

6.4.3 Local networks and connections Networks and connections with state and federal disability and ageing government agencies, non-government organisations and businesses play an important role in addressing access and inclusion issues. They assist local governments to develop the capability and capacity to improve accessibility and inclusion of facilities and services and help establish partnerships and develop projects and programs to meet the needs of people with disability.

Connections with state and federal government agencies enable local governments to effectively lobby other tiers of government for one-off funding grants to upgrade infrastructure or to request advice to improve the accessibility of infrastructure.

Example of an Urban Regional local government working with a state government agency to improve access

A local government staff member worked closely with a disability expert working in a state government agency to ensure all new infrastructure was universally accessible. Without this support, it would not have been possible to ensure infrastructure went beyond basic compliance standards.

Networks and connections with specialist disability organisations enable local governments to:

Better understand and address access and inclusion issues

Identify gaps in services provision and develop responses

Develop innovative pilot programs and create formal partnerships with non-government organisations.

There are examples of local governments who use their connections with local business chambers and local businesses to work proactively to address access and inclusion issues with their services, either by supporting them to upgrade their infrastructure or providing them training and information guides (on accessibility issues).

Regional and state networks between local government and importance of sharing information

There is also an important role for state and regional local government networks in sharing information about the leading practice in improving access and inclusion. This increases the capacity of local governments to design responses to emerging disability inclusion issues, upscale successful programs, and understand recent reforms in the disability sector which affect them.

Example of a state-wide network

Local government staff that were interviewed in one jurisdiction reported that a state-wide conference on inclusion and access issues was very important for sharing information on leading practice and had influenced the up-scaling of projects which improved the accessibility of essential services.

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6.4.4 Resources

Availability of resourcesAvailability of resources is a key issue for all local governments and could be directed to support inclusion by:

Funding staff positions responsible for developing and implementing disability and access inclusion projects and/or providing advice to internal stakeholders regarding disability inclusion and access issues

Direct service provision in areas where there were no other services providers (there are examples of this in some rural and remote areas)

Funding non-government organisation to deliver programs/projects

In-kind support to non-government organisation by providing facilities at low to no cost

Upgrading infrastructure to make it accessible for people with disability.

Local governments with resources to fund staff positions consider this a crucial component in the development of disability access and inclusion programs as well as driving a whole of organisation approach.

Differences in resourcing levelsThere are significant differences in resourcing levels between local governments. For example, Urban Capital City local governments have larger social policy and community service teams which have greater resources and capacity to focus on inclusion and access issues.

Local governments in Victoria are provided funding from the state government for Access Officers who are responsible for driving inclusion and access programs and projects. As a result, these local governments have at least one staff member (working full or part time) who is solely focused on improving access and inclusion in that local government area.

Remote and rural local governments who are proactive in delivering services and addressing inclusion issues are often able to do so via funding grants from federal and state governments.

6.4.5 Capacity and capability within local governmentLocal governments require the capacity and capability to identify issues with inclusion and access and to design approaches to address them.

Access and inclusion issues faced by people with disability, their families and carers can be complex and varied due to the diversity of disability and access requirements. The capacity and capabilities of local governments can be developed in a number of different ways:

Connections and networks with specialist disability organisations – Connections with disability sector organisations help local governments identify access and inclusion issues and respond accordingly

Service delivery capacity – Local governments who retain service delivery capacity report higher levels of understanding about the needs of people with disability in their community and the internal capacity to develop responses to issues. These local governments do not need assistance or input from governance committee or non-government networks to design responses to access and inclusion issues

Internal cross-divisional collaboration – When Community Services, Planning and Infrastructure teams collaborate on the design and implementation of projects they are more likely to apply principles of universal access when planning and building local government facilities and infrastructure

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Strong leadership – Strong leadership either from elected members or executive staff, provides support and direction to plan for access and inclusion

Specialist knowledge – Community Service Division staff and people with specialist knowledge in inclusion and access issues are able to help influence the accessibility of infrastructure projects and improve outcomes for people with disability

Training – Whole-of-organisation disability awareness training programs increase local government staff knowledge and understanding of access and inclusion issues and how they can address them in their work

Employment of people with disability – Local governments that employ people with disability are more likely to proactively consider inclusion and access issues.

6.4.6 Community engagement Community engagement enables local governments to determine specific inclusion and access issues experienced by people with disability, their families and carers living in their communities and assists in the development of tailored responses. Where local governments do not engage to sufficient levels with their communities, they are less able to identify the issues that people with disability face in their community and struggle to get support or input from people with disability on how to improve access and inclusion issues.

Community engagement exercises are generally undertaken through:

Focus groups, forums and workshops as part of formal planning process i.e. disability action and inclusion planning

Governance committees and advisory groups with representatives from the community (people both with and without a disability)

Expos, events and community information sessions.

Differing community engagement approaches There are differences in approaches depending on the jurisdiction as well as the level of resources of a local government such as:

Local governments in jurisdictions with disability inclusion and access planning legislation are more likely to carry out formal community engagement processes as part of the development of inclusion and access plans

Urban Capital City, Urban Developed Large/Very Large and Urban Fringe local governments often have established governance committees and advisory groups. This is largely a result of having staff and resources to establish, organise and manage these committees

Rural and Remote local governments have challenges with community engagement, partly due to the smaller proportion of people with disability, as well as the larger distances travelled to engage with community members.

Understanding the lived experienceLocal governments with very high levels of ongoing engagement with people with disability, their families and carers have the capacity to design bespoke programs and projects which address their specific needs. These projects are not necessarily outlined in response to an action plan or complaints to local governments, or sought by people with disability, rather they are

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generated organically through ongoing engagement with people with disability, their families and carers.

Local governments with resources dedicated to improving access and inclusion, and with strong networks and connections to disability experts, can implement this kind of approach and design sustainable initiatives which do not require ongoing funding support from local government.

Bespoke program for carers

One local government staff member established an information sharing network for carers working in the local government. Typically, information sharing networks had been in the form of working groups and/or workshops but due to a need to understand the needs of respite carers in the areas, a ‘walking group’ was established. Respite carers had complained about going to ‘too many meetings’ and doing ‘too many indoor activities’.

The philosophy of the local government staff member was to understand the ‘lived experience ‘, and to use in-depth knowledge collected from engaging people with disability, their families and carers to develop programs/projects.

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6.5 Barriers and challenges There are a number of challenges and barriers to developing and implementing policies and programs that support people with disability.

6.5.1 Uncertainty regarding the impact of the NDIS on local government and on members of the community

Local governments are uncertain of how the NDIS will impact their roles in the disability sector. They are concerned that it may disrupt networks and relationships with the non-government organisations which currently operate in their area and are unsure of how to respond to NDIS specific questions from people with disability.

Local governments in Victoria, who receive funding from the Victorian government for Access Officers, are also not sure whether that funding would exist past 2018-19. They are concerned that without Access Officers, local governments will lack a key resource to engage the community, organise and manage governance committees, and develop networks and connections with government and non-government agencies.

Local governments which deliver services funded under state and federal funding programs are also not sure about what the future holds for these services and whether a non-government or private provider will fill any service provision gaps.

6.5.2 Lack of clarity regarding Local Environment Plans and building codes Many local governments are concerned that there is insufficient clarity around the obligations of private developers to ensure buildings are accessible. They suggest that the legislation and building codes do not make it mandatory for local governments to assess accessibility and that often this means there are irregular accessibility compliance planning assessments.

Building codes only reflect minimum standards and do not necessarily ensure that infrastructure is accessible and inclusive for all people with disability.

6.5.3 Retro fitting heritage or older buildings to make them accessible Local governments find it challenging to upgrade heritage listed or older facilities either due to resource constraints or to issues interpreting heritage-listing regulations.

6.5.4 Resources and rate capping Many local governments have considerable resource constraints (particularly due to rate capping) and are concerned that this may impact their ability to fund programs or infrastructure upgrades which improve access and inclusion to local government services and facilities.

6.5.5 Organisational capacity, capabilities and attitudes Some local governments find difficulties in engaging internal stakeholders about the need to plan and build infrastructure which goes above basic compliance needs. This can be due to a lack of knowledge of access and inclusion issues or lack of interest in access issues.

6.5.6 Remoteness – spread of population Local governments in Rural and Remote ACELG categories have difficulty in engaging people with disability and at times do not have non-government organisations to support them in delivering services and support. In very remote areas, local government is the only service

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provider and plays a vital role in helping people with disability access health appointments, modify their homes and responding to any other ad hoc requests or needs.

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6.6 Impact of each factorTable 17 indicates the extent to which factors (covered in Section 6.4) impact on the role local government plays in supporting inclusion of people with disability. These findings are only indicative and will be tested further during the next phases of this research. TABLE 17 IMPACT OF FACTORS ON LOCAL GOVERNMENTS

Legend: X = impact extent

FactorUrban Capital

City

Urban Development Small/Mediu

m

Urban Developme

nt Large/Very

Large

Urban Region

alUrban Fringe

Rural and

RemoteAnalysis/comments

Legislation and regulation

X X X X

Legislation is considered a key driver of response to disability and access at a local level

Only Urban Capital City and Urban Development Large/Very Large local governments consistently establish plans in jurisdictions without legislation

Level of need within the community

X X X X

Level of need drives Urban Regional, Urban Fringe and Urban Development Small/Medium local governments to act

Urban Capital City and Urban Development Large/Very Large local governments ensure their services and facilities are accessible to all, even if there is no evidence of high levels of need

Networks and connections

X X X X X

Networks and connections are vital for almost all local governments. Rural and Remote local governments are at times more isolated and less dependent on these networks. However, they have a strong understanding of their communities and do not require non-government organisations to assist

Resources X X X X

Resources were important for all local governments. However, in larger local governments where resources were available for Community Services, they were able to leverage or re-direct resources into disability inclusion and access issues when needed

Capacity and capability X X X X X X All local governments require capacity and capabilities to identify and

address access and inclusion issues

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FactorUrban Capital

City

Urban Development Small/Mediu

m

Urban Developme

nt Large/Very

Large

Urban Region

alUrban Fringe

Rural and

RemoteAnalysis/comments

Community engagement X X X X X

Community engagement is important for most local governments and it enables local governments to better understand the access and inclusion issues faced by people with disability

Although Rural and Remote local governments are more likely to lack resources or expertise in disability issues than knowledge of their community they show strong understanding about the needs of their local communities

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7 Summary of key findings and next steps 7.1 Key findings

7.1.1 Local governments provide a range of support to people with disabilityLocal governments play an important role in ensuring local infrastructure, services and community programs are accessible and inclusive and that their workforce reflects the diversity in their communities. This desktop review outlines how local governments across Australia provide and/or enable and/or advocate for a range of services and support for people with disability.

Sections 2 and 6 explore the range of initiatives and activities which local governments undertake to support people with disability. These include:

Providing services directly to people with disability, their families and carers – Local government play a critical role in providing services, including those which assist accessibility and inclusion of people with disability. Local governments often work in partnership to deliver these services

Enabling or facilitating services and access to services and facilities – Local governments enable and facilitate services or access to services and facilities in a multitude of ways including through the provision of financial assistance, referrals to appropriate services, establishing governance committees and undertaking research

Advocating for services or support – Local governments play a key role as advocates for inclusion and accessibility including raising awareness across the community, lobbying to establish specific programs or grants

Employing people with disability – Local governments provide a key source of employment for local communities, particularly in regional rural and remote areas

Providing accessible services and infrastructure – Local government integrate and embed inclusiveness and accessibility into planning practices and ensure essential services i.e. public toilets, footpaths etc. are accessible and usable for people with disability.

7.1.2 Local government operating contexts matter The desktop review clearly demonstrates that different local government operating contexts, such as state and territory legislation, their level of remoteness and fiscal environment, impact on local governments’ role in supporting people with disability.

Different states and territories have implemented different legislation to determine the role of local governments in supporting inclusion of people with disability. Western Australia, Victorian and recently New South Wales State governments have all implemented legislation which makes disability inclusion and access planning mandatory at a local government level. Interestingly, where state/territory legislation does not exist, some local governments have developed inclusion and access legislation independently.

In addition, population density and remoteness further impact on the role local governments play in supporting people with disability because local governments are less likely to have specific staff capacity available and/or the number of people in their community with disability which means there is less priority placed on the local government’s limited resources.

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People living in different states and territories also have different levels of reliance on local government governments to provide assistance in everyday activities and support them during times of crisis.

These differing operating contexts:

Provide insights into the varying enablers and drivers which influence local government to support people with disability

Indicate that local governments require tailored support and resources that acknowledge their operating contexts to ensure they can drive inclusion for people with disability.

The next phases of this research project will be an opportunity to gain a deeper understanding of the impact on operating contexts matter on local government role in supporting people with disability, their families and carers.

7.1.3 Preliminary factors which drive and enable local governments to support people with disability

There is a preliminary set of factors which drive and enable local government in supporting people with disability. They include:

Legalisation and regulations – Legislation creates a minimum standard which local governments meet. However, the effectiveness of legislation varies and appears to be dependent on how local governments actually implement/act on these minimum standards

Level of need within the community – Level of community need is the extent to which members of the community require support. Often local governments with an ageing population or with vocal community of people with disability develop policies and invest in ensuring provisions are inclusive and accessible

Local networks and connections – Networks and connections with non-government organisations enable local governments to better identify access and inclusion issues and helps them develop the capability and expertise to address these issues

Resources – The availability of resources to dedicate to access and inclusion is a key issue across all local governments. Larger local governments are able to leverage resources better and are often more likely to take a more proactive approach to address inclusion

Capacity and capability – In addition to resource availability, capacity and capability within local government to identify and address access and inclusion issues is a crucial factor

Community engagement – Community engagement and consultation is important to gather evidence on what access and inclusion issues exist and to develop appropriate responses.

The impact of these six factors is highly dependent on the operating context of local governments and will require further testing during the case study and survey phase of this project.

7.1.4 Challenges and barriers A range of challenges and barriers exist for local governments, including resource constraints, attitudinal issues amongst staff, and the lack of knowledge and capability to ensure services are accessible and inclusive.

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There are also barriers and challenges which impact on how local governments develop policies and programs which support people with disability. These include:

Uncertainty regarding the impact of the NDIS on local government and on members of the community. This has also raised questions around funding and the role of local government in the disability sector

Lack of clarity around Local Environment Plans and the obligation of private developers to ensure buildings are accessible. This impacts how local governments assess accessibility compliance planning assessments

Lack of knowledge about how to upgrade heritage-listed or older facilities due to lack of resources or how to respond to heritage-listing regulations

Lack of resourcing due to rate capping which impacts local governments’ ability to plan and resource inclusion and access programs and infrastructure upgrades

Lack of organisational capacity, capability and resistance towards improving access and inclusion

Locational disadvantage and geographic spread of the community impacts on ability to engage people with disability, and limits service provision and collaboration between local governments and disability sector.

7.2 Next steps The next phases of this research project include key stakeholder interviews (with local government associations, disability policy experts and state government staff), case studies across Australia and a national survey of local government staff.

The next phases of research will test findings from the desktop review, address inconsistencies and consider new perspectives.

7.2.1 Test and build on findings from the desktop reviewThe desktop review found that ‘place’ matters. This means that both the location and operational context impact local governments’ roles in supporting people with disability, especially in inclusion and accessibility issues.

The next phases of the research project will test:

The extent to which ‘place’ matters and consider why place has such a significant impact

Whether the identified factors which enable and drive local government to support people with disability are supported by further evidence

The effectiveness of local government activities and initiatives which are intended to support people with disability.

7.2.2 Address knowledge gaps and inconsistencies There are various inconsistencies between data from the SDAC and the state of play review, including:

The role of local government as a key information source. Staff felt that local governments are important source of information for people with disability and the local disability sector however data from the SDAC did not confirm this

Often SDAC data did not report on data specifically on local government. The next phases of the research need to explore more precisely the level of reliance people with disability and the disability sector have on local government

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The role of state government agencies in supporting or driving local governments to take action on disability inclusion and access issues. Local government staff did not emphasise or discuss the role state government plays but it is likely that state agencies also play a role in enabling or driving local responses by local governments.

7.2.3 Consider new perspectives The desktop review mainly relied on input from community development/community service divisions within local government and the next phases of the project will need to consider views from:

People with disability, their families and carers who can assess effectiveness of activities and initiatives of local government and describe their experiences engaging with local government

Disability non-government organisations who offer perspectives on the role local government plays in supporting local disability sector and their relationship with local government

State government staff who provide their perspectives on the current role that state governments play in supporting local governments in the implementation and delivery of programs and policies that aim to support people with disability

Local government senior leadership and staff from other divisions who will provide insights into the organisational approach local governments take to supporting people with disability, how they work/collaborate with their colleagues in the Community Development/Service divisions, and what key organisational characteristics are important in supporting improvements in access and inclusion issues.

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Institute for Public Policy and GovernanceUniversity of Technology Sydney

15 Broadway, Ultimo

PO Box 123

Broadway NSW 2007

Australia

+61 2 9514 7884

ippg@uts.edu.au

ippg.uts.edu.au