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DISABILITY ACTION PLANS AND YOUR CENTRE Inclusion and Disability: Removing the Barriers in Community Legal Centres
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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.
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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
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Disability is? Under the DDA, disability is….a) – k)! Broad definition? Why? The future? Test yourselves under s 4 definition!
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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?!
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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?
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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
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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 !
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WHAT DOES THE DDA SAY ABOUT DISABILITY ACTION PLANS? EFFECTIVE PLANS? RELEVANT SECTIONS ss 59-65 DDA S 61 – The devising of policies and programmes to achieve the objects of the Act; A process for the communication of these policies; Review of practices with a view to identifying and eliminating disability discrimination; Setting of goals and targets, which can be measured, has priorities which are relevant and has a nominated position/person responsible.
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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
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IS IT EXPENSIVE? NOT NECESSARILY! IN APPENDIX OF GUIDE - FUNDING SOURCES USE dap TO LOBBY FOR FUNDS
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A LIVING DOCUMENT? ORGANISATIONAL POLICY- INCORPORATE INTO SSPI MANUAL WRITE INTO EMPLOYEES PD JOB ADVERTISEMENT PERFORMANCE APPRAISAL?! Actions NOT JUST words!
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PUBLICISING YOUR DAP? DO NOT PUT IT IN A DRAWER! COMMUNICATE TO STAFF; SUCCESSFUL IMPLEMENTATION; PUT ON YOUR WEBSITE; REGISTER IT AT HREOC!
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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!
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WHO IS RESPONSIBLE? RESOURCING YOUR DAP? Position descriptions Job contracts, performance appraisal? Buy in! Culture of organisation Incorporate into current, future budgets
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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
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Possible areas for a DAP? Access to buildings and all of your services Employment and volunteering Communication Values and attitudes
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ACCESS is? Areas- physical, information and? The Good, The Bad and the Ugly Heritage buildings?
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Communication barriers? Omission? Portrayal? Plain language? Alternative formats?
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ATTITUDINAL BARRIERS Staff? Language? Ignorance? Disability awareness training? Responsibility for DAP?
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CONFIDENTIALITY? Requests for information? Confidentiality agreements? Disclosure? What does the law say? Personal information? Volunteers covered under DAP?
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WHERE TO FIND $$$? ATTRACTING PWD? Workplace modifications scheme – Job Access Australian Employers Network on Disability
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LODGE AT HREOC Put in on your website or - Submit electronically to disabdis@humanrights.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.disabdis@humanrights.gov.au www.humanrights.gov.au/disability_rights/action_plans/index.html
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Finally… As long or short as you want. Approach with glee! The spirit of the DDA.. Work through it and…. Good luck!
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