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DISABILITY ACTION PLANS AND YOUR CENTRE Inclusion and Disability: Removing the Barriers in Community Legal Centres
Why CLCs and DAPS? Federation 53 clc- ‘best practice’ FIVE good reasons? DAPs are a voluntary mechanism to eliminate disability discrimination! Influence P & P! Risk management in the event of a complaint ! Legal compliance! CLCs that embrace a DAP are acknowledging and addressing the barriers that currently exist.
Anti discrimination laws? CRPD – International treaty DDA 1992 Objects of the Act (HREOC) EOA 1995 (VEOHRC) Charter of Human Rights and Responsibilities VIC 2006 – section 8
Disability is? Under the DDA, disability is…. a) – k)! Broad definition? Why? The future? Test yourselves under s 4 definition!
DIRECT DISCRIMINATION? Direct discrimination is when someone treats you less favourably or proposes to treat you less favourably than someone in the same circumstances who does not have a disability The COMPARATOR? !
INDIRECT DISCRIMINATION Indirect discrimination happens when a person is required to comply with unreasonable conditions which have a detrimental effect upon a person because of their disability or- - is there something you can not do, because of your disability and - a substantial higher proportion of people without your disability probably could do it and - is the requirement not reasonable in the circumstances? Examples? Policies, procedures? Are you treating everyone the same?
DEFENCES? S 11 Unjustifiable hardship §Nature of the benefit or detriment; §Effect of the disability concerned; §Financial circumstances and the estimated amount of expenditure; §In the case of provision of services, or the making available of facilities – an action plan given to HREOC under s 64
WHAT ARE THE AREAS OF DISCRIMINATION? o. Employment o. Clubs and associations o. Access to Premises used by the public o. Provision of goods, services and facilities o. Education o. Commonwealth laws and programmes o. Requests for information o. Accommodation and more!
WHAT DOES THE DDA SAY ABOUT DISABILITY ACTION PLANS? EFFECTIVE PLANS? RELEVANT SECTIONS ss 59 -65 DDA S 61 – v. The devising of policies and programmes to achieve the objects of the Act; v. A process for the communication of these policies; v. Review of practices with a view to identifying and eliminating disability discrimination; v. Setting of goals and targets, which can be measured, has priorities which are relevant and v has a nominated position/person responsible.
WHAT DOES A DAP CONTAIN? Organisation brief description – Who we are – What we do Organisation aims and objectives A disability access policy Actions, timeframes and position/ responsibilities Outcomes and performance indicators Evaluation, monitoring and reporting A communication strategy
IS IT EXPENSIVE? NOT NECESSARILY! IN APPENDIX OF GUIDE - FUNDING SOURCES USE dap TO LOBBY FOR FUNDS
A LIVING DOCUMENT? ORGANISATIONAL POLICY- INCORPORATE INTO SSPI MANUAL WRITE INTO EMPLOYEES PD JOB ADVERTISEMENT PERFORMANCE APPRAISAL? ! Actions NOT JUST words!
PUBLICISING YOUR DAP? DO NOT PUT IT IN A DRAWER! COMMUNICATE TO STAFF; SUCCESSFUL IMPLEMENTATION; PUT ON YOUR WEBSITE; REGISTER IT AT HREOC!
EVALUATE PROGRESS, MONITOR AND REPORT! Evaluate- goals achieved? Successful compliance - an inspiration to other centres! Audited? – a working Disability Action Plan can be used as a model of a successful centre committed to non- discrimination. ‘Best practice’ can be a reality!
WHO IS RESPONSIBLE? RESOURCING YOUR DAP? Position descriptions Job contracts, performance appraisal? Buy in! Culture of organisation Incorporate into current, future budgets
Now? . . . STEPS! Step 1 - Review current practices Step 2 - consultation is essential! -within CLC(staff, COM, volunteers) - Outside the organisation- pwd, organisations- local govt? access workers? Step 3 - develop policies & programmes
Possible areas for a DAP? • Access to buildings and all of your services • Employment and volunteering • Communication • Values and attitudes
ACCESS is? Areas- physical, information and? The Good, The Bad and the Ugly Heritage buildings?
Communication barriers? q. Omission? q. Portrayal? q. Plain language? q. Alternative formats?
ATTITUDINAL BARRIERS üStaff? üLanguage? üIgnorance? üDisability awareness training? üResponsibility for DAP?
CONFIDENTIALITY? ØRequests for information? ØConfidentiality agreements? ØDisclosure? What does the law say? ØPersonal information? ØVolunteers covered under DAP?
WHERE TO FIND $$$? ATTRACTING PWD? Workplace modifications scheme – Job Access Australian Employers Network on Disability
LODGE AT HREOC Put in on your website or - Submit electronically to [email protected] gov. au and provide in HTML, text or word processor format if at all possible rather than only in PDF, due to access issues with PDF. www. humanrights. gov. au/disability_rights/action_plans/index. html
Finally… As long or short as you want. Approach with glee! The spirit of the DDA. . Work through it and…. Good luck!