Clcs GUIDE to DEVELOPING a DISABILITY ACTION PLAN (DAP)

CLCs GUIDE TO DEVELOPING A DISABILITY ACTION PLAN (DAP)

May 2008

Inclusion and Disability: Removing the Barriers in Community Legal Centres

Access to justice for all is a crucial cornerstone of our democracy and a key measure of a civil society. Unfortunately, many people cannot access legal advice or participate in the justice system. People with disabilities face additional barriers.

The key aim of the Inclusion and Disability Project and this guide is to develop, strengthen and leverage the potential of community legal centres (CLCs) to ensure that people with disabilities can participate more fully in the justice system.

Acknowledgements

This project was funded by The Colley Foundation.

The Disability and Inclusion Project is an initiative of the Disability Working Group of the Federation of Community Legal Centres.

This document was prepared by:

Disability and Inclusion Project Officer

Alyena Mohummadally

March - June 2008

Further inquiries:

Sector Development Officer

Federation of Community Legal Centres

03 9652 1500

Disclaimer and copyright:

All material in this guide has been created for the purposes of the Federation of Community Legal Centres “Inclusion and Disability: Removing the Barriers in Community Legal Centres” Project and belongs to the Federation of Community Legal Centres. Care has been taken to reference websites or organisations correctly but any errors, mistakes or omissions are apologised for.

Where appropriate, sources have been acknowledged. This guide is not to be used as legal advice and nor is it definitive nor prescriptive; instead it has been designed to assist and encourage community legal centres to create Disability Action Plans.

Table of Contents

Introduction 4

Getting started- ss 3, 4 Disability Discrimination Act (DDA) 5

Section 5, 6 DDA 6

Section 11 DDA 7

Areas of Discrimination 7

Sections 59-65 DDA 7

What does the DDA say about DAPS 7

An effective disability action plan? 8

What to include in your disability action plan? 8

Is it expensive? 8

Making your DAP a living document 9

Letting people at your centre know about your DAP 9

Continually evaluate the progress of your DAP 9

Resourcing your DAP 9

Writing the plan – Steps 1, 2 and 3 10

Defining access in your service 11

Does the DDA apply to heritage buildings? 11

Communication barriers 13

Attitudinal barriers 13

Confidentiality and the DAP 14

Does the DDA cover voluntary work? 15

Funding the DAP 15

Attracting employees with disabilities 15

Lodging your DAP with HREOC 15

Appendix 1 - Common terms 17

Appendix 2 - Checklist 19

Appendix 3 - Examples of DAPs lodged with HREOC 20

Appendix 4 - The law 29

Appendix 5 - Websites and references 32

Appendix 6 –Disability Awareness (Activities) 34

Appendix 7 –Disability Awareness (Communicating) 37

Example Disability Action Plan with draft template 46

This guide is intended you get started on developing your Disability Action Plan (DAP).

Five good reasons for having a DAP

This guide can be used as a starting point and be adapted to the unique circumstances of your organisation. With a Disability Action Plan (DAP) – ‘one size does not fit all’.

1.  An effective Disability Action Plan will influence CLC policies and procedures, advocate inclusion and equal opportunity and positively promote CLCs in the wider community. By embracing a DAP, a CLC is endorsing equality of access to the centre’s services and acknowledging and addressing the barriers that currently exist.

2.  On the subject of compliance, having a Disability Action Plan means that the organisation is addressing their legal responsibilities because regardless of whether a CLC is state or federally funded, the DDA applies.

3.  In the event of a complaint against a CLC – a Disability Action Plan can be considered as part of a defence (within the unjustifiable hardship provision) or protection for an organisation and therefore can be viewed as responsible risk management.

4.  A Disability Action Plan for a CLC may be able to address all issues very simply. Some centres might choose to give more detail in their introduction or in the detail of their plan– as long as all the features necessary for an appropriate plan are met (more on this later in the guide).

5.  It is anticipated that this Project will lead to a positive change in CLC practice – expanding on existing strengths as CLCs as role models of social justice and human rights. People with a disability will not only be better able to access services, employees with disabilities will be thought about when making workplaces inclusive and accessible.

Getting Started

It is essential that those responsible for the preparation of a Disability Action Plan gain an understanding of the key objectives of the Disability Discrimination Act 1992 (Cth) [DDA].

Section 3

The objects of this Act are:

(a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of:

(i) work, accommodation, education, access to premises, clubs and sport; and

(ii) the provision of goods, facilities, services and land; and

(iii) existing laws; and

(iv) the administration of Commonwealth laws and programs; and

(b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and

(c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

Definition of disability

Section 4 of the DDA defines:

disability, in relation to a person, means:

(a) total or partial loss of the person’s bodily or mental functions; or

(b) total or partial loss of a part of the body; or

(c) the presence in the body of organisms causing disease or illness; or

(d) the presence in the body of organisms capable of causing disease or illness; or

(e) the malfunction, malformation or disfigurement of a part of the person’s body; or

(f) a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or

(g) a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that:

(h) presently exists; or

(i) previously existed but no longer exists; or

(j) may exist in the future; or

(k) is imputed to a person.

The Equal Opportunity Act 1995 (VIC) defines disability as ‘impairment’ and has a similar definition.

What is direct discrimination? Section 5 DDA

(Appendix 4)

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.

It is important that the person who alleges direct discrimination must show they have a comparator, it is not enough to say you have been treated badly, but someone must be treated better than you and your disability is one of (or the) reasons that they are treated better.

An example would be dismissing someone from a desk job because they disclosed they were HIV positive or refusing to provide a particular client with a service because they have a mental illness.

What is indirect discrimination? Section 6 DDA

(Appendix 4)

Indirect discrimination occurs 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 substantially higher proportion of people without your disability probably could do it and
- is the requirement not reasonable in the circumstances?
An example is assuming everyone can read print, but a high number of blind or vision impaired people can not and the requirement that they be able to access print documents would not be seen as reasonable in many situations.

Treating everyone the same is not levelling the playing field as it can disadvantage and indirectly discriminate.

Unjustifiable Hardship? Section 11 DDA

With this provision, a service provider may raise a defence of unjustifiable hardship in response to a claim of discrimination.

In effect this means the provider does admit to discriminating but the defence is upheld by the Court.

S 11 of the DDA basically takes into account all relevant circumstances including the:

·  Client’s interests

·  Staff with a disability

·  Staff without a disability

·  How to define hardship

·  Financial v non- financial

Areas of discrimination

Disability discrimination is unlawful in the following areas:

·  Employment

·  Clubs and associations

·  Access to Premises used by the public

·  Accommodation

·  Education

·  Sport

·  Land

·  Local government (EOA)

·  Commonwealth laws and programs

·  Requests for information

·  Goods, services and facilities

The Equal Opportunity Act 1995 (VIC) covers local government/councils

What does the DDA say about DAPS? Who administers the DDA?

The relevant sections of the DDA covering Disability Actions plans are s 59-65 and are found in Appendix 4. HREOC is responsible for all matters under the DDA.

An effective DAP

An effective DAP has measurable outcomes, person/s responsible and timeframes and strategies. In terms of risk management, a DAP is a way of demonstrating that the organisation did think about potential discriminatory practices and has attempted to address them with the DAP. An effective DAP also:

·  Shows a commitment to eliminating discrimination;

·  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.

What to include in your DAP

·  A brief description of your CLC

·  Who you are

·  What you do

·  Aims and objectives for the organisation

·  A disability access policy

·  Procedures and Actions

·  Outcomes and performance indicators

·  Timeframes and designated responsibilities

·  Evaluation, monitoring and reporting

·  A communication strategy

Is it expensive?

Your DAP can be affordable and easy to implement.

Most DAPs require reallocation of existing resources, and are about changing work practices and attitudes rather than spending money.

Later in this guide is a list of possible places to seek funding.

Disability Action Plans can also be relatively easy to put into practice. For many CLCs, a Disability Action Plan will require only a relatively small shift in thinking.

Making your DAP a living document

Disability Action Plans are generally the most effective when they are integrated with an organisation’s policies and procedures and general service plan.

Letting people at your centre know about your DAP

The DAP is for everyone involved in your centre.

Consider how you will ensure information about your DAP is made available.

You can include information about your DAP in centre pamphlets, newsletters and other publicity.

Think about lodging your plan with HREOC.

Continually evaluate the progress of your DAP

Evaluation strategies are a means of determining whether goals are being achieved. For example: Increases in the numbers of clients with disabilities, measurable changes in staff attitudes, or improvements in the physical accessibility of your premises.

Compliance with the DDA is responsible risk management.

Resourcing your DAP

The costs of implementing a DAP need to be recognised and incorporated into your centres budget.

Job descriptions and contracts need to reflect the operation of your centres DAP.

Writing the plan

Step 1

Review

What relevant policies, procedures and plans are already in place in your organisation? Have you kept any records of people/clients with disabilities who have used or tried to use your services and found barriers? This information may assist you to identify and address accessibility.

Step 2

Consult

Speak with your staff, management committee and volunteers. Everyone in the organisation will have something to contribute. Consider, creating a ‘disability access/action committee’ which oversees the creation of the plan and assigns roles to different people/positions. This will encourage responsibility for the DAP at all levels of the organisation.

Consult externally with people with disabilities and/or organisations who can assist your organisation to understand how to make provisions and adjustments. The best plans submitted with HREOC show consultation with an expert adviser – a person/s or organisation for people with disabilities.

Local councils generally have ‘metro/rural access/ access for all abilities workers’ or other disability access workers - these people are aware of Disability Action Plans and may be able to offer assistance.

Include other organisations contact details in your Disability Action Plan as well as in your policy manuals. Appendix 5 lists potential resources.

Step 3

Develop Policies and Programs

As a part of developing policies and programs, make sure you set goals, targets and performance indicators.

Consider the following areas when creating a DAP

·  Access to buildings and all of your services

·  Employment and volunteering

·  Communication

·  Values and attitudes

Defining access in your service

In developing your DAP, consider the following:

·  all the areas to which people should be entitled to have access - this refer to clients and staff;

·  physical structures such as doorways and stairs which may act as barriers to clients or staff with mobility disabilities;

·  structures designed to deliver services such as client information counters or client reception desks;

·  signage which is confusing or inadequate;

·  decor which is not of an appropriate colour contrast and so may be difficult for clients or staff who are vision impaired;

·  non-visual guides to assist clients or staff to use your space, including lifts which help clients with a vision impairment locate the correct floor through the inclusion of buttons with tactile cues or the announcing of floor levels;

·  ways of assisting clients or staff move around the space at times of emergency and evacuation, including such things as visual fire alarms.