Introduction
Australians with disability have a right to work in the mainstream workforce, not in segregated or exploitative separate systems. Article 27 of the United Nations Convention on the Rights of People with Disabilities (“UNCRPD”) states that all people with disability have the right ‘to work, on an equal basis with others; this includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive, and accessible to persons with disabilities’. Australia’s ratification of the UNCRPD comes with responsibilities to ensure that people with disability have a fair go in the open labour market, are supported within mainstream inclusive workplaces, and do not experience any form of discrimination such as in recruitment processes, pay and conditions, accessibility of work environments, career advancement, or health and safety.
To date, Australia’s progress in fulfilling its international obligations has been slow. In particular, the UN Committee on the Rights of Persons with Disabilities, which monitors the implementation of the UNCRPD, is concerned about the very low workforce participation rates of women with disability, First Nations people with disability, and people from culturally and linguistically diverse backgrounds with disability.1 We wholeheartedly endorsed the recommendations of Disability Royal Commission (“DRC”) Commissioners Bennett, Galbally, Mason, and McEwin to end segregated employment and subminimum wages, although we strongly believe that this can be, and should be, achieved within the term of the current Australia’s Disability Strategy 2021-2031. We are disappointed the Discussion Paper does not share this aspiration
It is well known that employment significantly advances a person’s physical and mental health and enables a greater level of independence and financial security. Employment is not only an economic benefit to the person and the nation but also offers each person a sense of purpose, enabling them to pursue personal interests and make valued contributions, connections, and relationships with others in the community. Employment also creates a strong natural safeguard and leads to further opportunities with respect to education, housing, and the enjoyment of other basic human rights.
In this submission, we reflect on the current situation for Australians with disability in terms of employment outcomes, what must change, and our vision for the future. We make recommendations aimed at ensuring that the right of each person of working age to be included in the mainstream workforce is protected, respected and promoted in Australia.