Vision Australia

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Vision Australia International & Stakeholder Relations 454 Glenferrie Road Kooyong, VIC 3144 Tel: 1300 84 74 66 (+61 2) 9334 3333 Email: [email protected] Attorney-General’s Department 3-5 National Circuit BARTON ACT 2600 By email: [email protected]

29 February 2012

Draft exposure Australian National Human Rights Action Plan

By Vision Australia

Submission to: Attorney-General’s Department Response Submitted by: Brandon Ah Tong

About Vision Australia

Vision Australia is the nation’s premier provider of blindness and low vision services and was formed by combining the expertise of several organizations who shared in a

1 [Type text] common purpose. We are a partnership that unites people who are blind, sighted and who have low vision. Our goal is that people who are blind or have low vision will be able to access and participate fully in every aspect of life they choose.

To help realise this goal, we provide early childhood, orientation and mobility, employment, information, recreation and independent living services, advocacy services and Seeing Eye Dog services. We also work collaboratively with government, business and community groups, to help raise awareness, promote public education and to work towards eliminating barriers for our clients in the community.

Through our combined histories of providing a range of quality client focused services, Vision Australia is well placed to provide a considered voice on a range of public issues affecting people who are blind, Deafblind, have low vision and have other difficulties accessing print.

Our Client Group The Australian Bureau of Statistics (2006) estimates there are currently about 300,000 people living in Australia who are blind or have low vision that cannot be corrected by the use of glasses or contact lenses or surgical remedies 1. With the ageing of the Australian population, the World Health Organisation estimates that this number will double by 2020, as vision loss is, by and large, a disability that is age-related.2

People who are blind or have low vision are an important section of the community. Governments and parliaments must take their needs and perspectives into account when making laws and developing policy, and business and the community have an obligation to be mindful of their human right to access all aspects of Australian life on an equal footing as their sighted peers.

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Executive summary

Vision Australia welcomes the range of measures the Commonwealth is currently undertaking to protect, promote and enhance the human rights of Australians. We believe that there are obligations and responsibilities upon individuals and governments, to both reframe from doing and actions that are required to be done, in order for internationally recognised human rights to be truly enjoyed. The development of an Australian National Human Rights Action Plan (NHRAP) is a crucial driver towards achieving equity and dignity for all Australians, including particularly marginalised and disadvantaged persons.

By and large, Vision Australia supports the actions and accompanying performance indicators contained within the draft exposure NHRAP, we do however believe some adjustment is warranted to enhance the plan and the outcomes it seeks to achieve. We have made comment entirely to the section under ‘People with Disabilities’, with recommendations for adjustment in the areas of employment, education and emergency warning guidelines. We also make one further recommendation for an action to be added to the disability section regarding access to elections and voting in Australia. As a social democratic country, tying our identity strongly to democratic values of equal participation and merit, it is important for Australia to ensure that all persons voting in elections can do so in secret and independently, including those electors who are blind or have low vision.

Australia with a long history as a leader and supporter of the modern international human rights movement, going back to the development of the Universal Declaration of Human Rights in 1946, is clearly committed to improving the enjoyment of human rights for all Australians. We believe the recommendations put forward in this submission, will enhance the NHRAP and more importantly, serve to progress the goals aspired to in the plan.

Summary of recommendations

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Action 156 – Access to employment options & Action 158 – APSC employment Recommendation 1 Action 156 to be adjusted to include target participation rates or intake numbers, and a timetable for delivery.

Action 164 Schools Disability Advisory Committee Recommendation 2 Action 164 to be broadened to ‘improving access to education for students with disability’. The establishment of the Schools Disability Advisory Committee to then become an element under this heading.

Recommendation 3 A second element to be added under revised Action 164, Government to respond to the review of the Disability Standards for Education with a performance timetable of mid-2012.

162 – Emergency warnings best practice guidelines. Recommendation 4 Action 162 to be adjusted to include universal access considerations into each element of the plan.

Additional action Recommendation 5 To add an additional action under ‘People with Disabilities’ to ensure that all electors have access to a secret and independent vote in Australian elections, that specifically commits to ensuring accessible voting systems are developed, legislative adjustments made, and timetables are set, starting with the 2013 Federal election.

Comments on stated actions

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Vision Australia supports the majority of the NHRAP actions and performance measures as stated in the draft exposure. We acknowledge the importance of a plan that is informed by priority and realistic in scope. Whilst we do have many more elements with which we and our stakeholders would like to see included in the NHRAP, we accept that there are many competing interest that must be considered in determining what actions will be prioritised in the plan.

Vision Australia does however, believe that a small number of those actions stated within the NHRAP, the actions themselves and the performance indicators attached to them, can be further defined to better achieve results aligned to the outcome desired. The following comments provide recommendations for adjustment to the stated actions and performance indicators in the 3 key areas of employment, education and emergency warning guidelines.

Action 156 – Access to employment options & Action 158 – APSC employment

A core value of Australian society is that people should have the opportunity to pursue the career of their choice and to seek and gain employment. Under- employment and unemployment are regarded as undesirable and many studies have demonstrated the disadvantaging effects of unemployment and under-employment on health, well-being, self-esteem and the ability to participate in society as active citizens. It is thus encouraging that employment has been particularly singled out for specific mention in the NHRAP.

People who have a disability, including people who are blind, deafblind or have low vision, have the same fundamental rights as other members of the community, and this includes the right to equal access to employment. Despite good intentions, there are still significant barriers facing people who are blind, deafblind or have low vision in seeking, gaining and maintaining employment and unemployment rates are much higher than for the rest of the community.

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In July 2007, Vision Australia conducted a comprehensive survey into the employment of people who are blind, deafblind or have low vision in Australia. Based on 2000 interviews conducted between September 2006 and January 2007, the survey reaches some insightful but sobering conclusions:

 69% of people of working age who are blind, deafblind or have low vision are not in paid employment. Even if those who are identified as unemployed for reasons of retirement, education, homemaking or as a lifestyle choice are excluded, those who are blind, deafblind or have low vision are four and a half times more likely to be unemployed than the national average. That is, 63% of the potential labour force with a vision impairment are unemployed, compared to 14% for the population as a whole.  There are many “discouraged workers” who could potentially join the workforce. 40% of people of working age who are blind, deafblind or have low vision indicate they are unemployed not by their own choice, but are not actively looking for a job. By contrast, the proportion of the general population in this “discouraged workers” category at a national level is only 8%.  Only 13% of those who are unemployed not by choice and who are blind, deafblind or have low vision are actively looking for work.  The proportion of long-term unemployed (those who are unemployed for more than a year) throughout Australia is 33%. This compares with 50% for people who are blind, deafblind or have low vision.  The levels of under-employment (time-based) are higher than national averages.  46% of the employed population who are blind, deafblind or have low vision are working part-time. Furthermore, 13% of those employed indicate they are working part-time because they are unable to find a full-time job. For the Australian population as a whole, the corresponding figures are 28% and 6% respectively. Hence, those who are blind, deafblind or have low vision are twice as likely to be under-employed than the general population.

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It is evident from these findings that the vast majority of people who are blind, deafblind or have low vision are not experiencing full access to employment, and Vision Australia wants real action to address this unacceptable situation.

Whilst vision Australia supports Actions 155 and 156, more specific and measurable undertakings must be committed to in this NHRAP to better the situation of disadvantage for people who are blind or have low vision and people with disability more generally. As the Baseline Study indicates, the 2009-10 State of the Service Report continues to show declining participation rates in the Australian Public Service. Since 1986 when rates of participation by people with disability were at 6.8 per cent, rates have continued to fall and are currently at unacceptable levels at half that rate at just over 3 per cent in 2010. This is despite the introduction of the Disability Discrimination Act 1992, the previous NHRAPs of 1994 and 2004, and numerous undertakings in the area of employment through disability action plans and the like. Given the extent of the ongoing problem of employment and disability, the declining participation rates in the APSC, and the opportunity already acknowledged with Action 156, it is reasonable for a more robust and outcomes focused action to be pledged.

The current performance indicator of Action 156 is simply stated as, “Increase in the number of people with disability employed in the APS”. Vision Australia strongly suggests that this be narrowed to a target rate or at least a discrete target number of individuals employed, and a target timetable. Some argue that target quotas or target intake numbers are not effective methods of affirmative action, however direct and measurable action must be taken in the public service to show leadership in this area.

Recommendation 1 Action 156 to be adjusted to include target participation rates or intake numbers, and a timetable for delivery.

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Action 164 Schools Disability Advisory Committee

Vision Australia is supportive of the establishment of a Schools Disability Advisory Committee, to provide expert advice to the Australian Government on how to better support students with disability. However given the crucial role that education plays in the lives of all Australians and their future ability to achieve the goals and lifestyle that they choose, Vision Australia asserts that education should be contained as a general element of the NHRAP with broader application and delivery.

Education and being educated, is essential for the full participation in the civil, political, economic, social and cultural spheres of our society. People who are blind, Deafblind or who have low vision are entitled to the enjoyment of education as a basic human right just as any member of the community. As with others, education for people who are blind or have low vision, is about sound developmental measures in early childhood, clear learning outcomes with curricular specific teaching methods at all levels of formal studies, and enabling information and transitional programs through each stage and for the move into the workforce.

We know that education is intimately related to the life choices one has available to them. Vision Australia statistics show a strong correlation between education and employment, with 66% of those in paid work identifying as having post graduate qualifications. More generally, we also know that people who are blind or who have low vision in the main are required to achieve higher levels of academic learning, as by at large, the opportunities for employment are elevated in the non-manual and non-labour sectors . Thus, education is critical to employment and consequently pivotal for the enjoyment of a broad range of human rights. These rights include: the right to work; the right to an adequate standard of living; the right to liberty of movement and nationality; and the right to participate in cultural life, leisure and sport.

In order to materially realize these rights in Australia for all students who are blind or have low vision, a range of proactive measures and systemic norms must first be in place to advance access to education. In addition to securing placement in the

8 [Type text] educational institution of their choice, students from our client group may also require a range of alternate support mechanisms in order to facilitate learning outcomes. As vision loss is not a homogeneous notion, and given that some are born with vision loss and others acquire vision loss later in life, support measures need to be tailored to individual need. Students may also require additional skills training to underpin their access to education and to facilitate the exercise of their learning in society. The combination of these support measures and compensatory skills training, are therefore essential for the equitable access to education for all Australians who are blind or have low vision.

In order to address education adequately in Australia, it must be identified clearly as a human rights issue and one worthy of adequate advance in the 2012 NHRAP. A specific measure that will provide a platform for future work in this area, will come from the Government response to the review of the Disability Discrimination Act Disability Standards for Education 2005. Public Consultation was completed in early 2011 and a response from the Government has not been received as yet. It is likely that a suite of proactive measures will arise from this review to improve the enjoyment of education as a human right in Australia for people with disability. Thus an undertaking within the NHRAP for a Government response within 2012, will highlight the Standards as an object of action and enable subsequent measures to flow from the response.

Recommendation 2 Action 164 to be broadened to ‘improving access to education for students with disability’. The establishment of the Schools Disability Advisory Committee to become an element under this heading.

Recommendation 3 A second element to be added under revised Action 164, Government to respond to the review of the Disability Standards for Education with a performance timetable of mid-2012.

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162 – Emergency warnings best practice guidelines.

Vision Australia welcomes the specific recognition and introduction of measures to effectively monitor and adjust the National Forum on Emergency Warnings to the Community best practice guidelines to consider the communication needs of people with a disability across the prevention, preparedness, response and recovery phases of emergencies, including emergency warnings. Whilst people who are blind or have low vision do not typically consider themselves to be particularly vulnerable in our community, it is the case that communications and procedures in emergency situations, do need to be mindful and inclusive of alternative communication mediums and mobility needs in evacuation situations.

In the main, the elements contained within Action 162, are adequate and appropriate to improve and streamline guidelines across the Nation, however it is important to stress the need to incorporate universal access conventions within each and every element of the plan. Considerations include:  Triple Zero Kids Challenge safety computer game available in seven languages and with closed captioning – consideration should be made to ensuring that children who are blind or have low vision, also benefit from this interactive and educational tool. This may include features that not only have alternate language and captioning capability, but also audio description and/or compatibility with other adaptive technologies such as screen readers or magnification.  Triple Zero posters available in twelve languages – these should also be made available in braille, suitably large print and with due attention to best practice colour and luminance contrast.  An updated Recovery Manual to be used by Commonwealth, state and local government recovery workers – as this manual is intended to be used by both policy and field workers, consideration should be also made to ensuring that this material is available in a range of formats such as braille, large print, audio and electronic formats. On the one hand, emergency plans are about ensuring the safety of the public and public information ought to be accessible, but it is also the case that people who are blind, deafblind, have

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low vision or other difficulties accessing print, are also employed or volunteer in roles to implement such plans. Considerations of accessible information must therefore also apply to those implementing the plan.

Thus, Vision Australia recommends that these considerations be uniquely itemised as above, as a measure to ensure that consistent and universal access is built into each element of the action.

Recommendation 4 Action 162 to be adjusted to include universal access considerations into each element of the plan.

Additional actions

In addition to the above adjustments to the existing stated actions, Vision Australia feels compelled to make one further recommendation to add an additional action under the ‘People with Disability’ section. This recommendation is both pressing and crucial to the enjoyment of human rights in Australia as a democratic country and we believe its inclusion to be absolutely critical to the recognition of the dignity and worth of people who are blind or have low vision in Australia.

Access to voting in Australian elections

Despite the Constitutional right and judicial obligation for all eligible Australian citizens to discharge their democratic power via the federal, state and local ballot, people who are blind, deafblind, or who have low vision, have, until very recently, been unable to cast a secret, independent vote. For example, the modus operandi under the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provision) Act 1984, prescribes a physical form of an official ballot paper, the official method of casting a valid vote, and the legitimate means of tallying votes, that for the

11 [Type text] most part have been inaccessible to Australian citizens who are blind or have low vision.

The development of digital technologies has made it possible for people who are blind or have low vision to cast a secret, independent and verifiable vote using electronic methods and various systems have been used and trialled in Australian jurisdictions over the past decade. The ACT started electronically assisted voting in 2001, and trials have taken place in Victoria in 2006 and 2010, the Federal election in 2007, and most recently in the NSW election in 2011.

Unfortunately, despite these developments, access to the ballot for people who are blind or have low vision is still far from guaranteed. The Queensland state election which will take place on March 24 2012, more than a decade after the ACT introduced its electronic system, will not provide accessible solutions to electors who are blind or have low vision. At the Federal level, in spite of the progress made with the electronic system employed at the 2007 election, a less than adequate telephone system was used for the 2010 ballot. This telephone system, was not automated, and consisted of physically journeying to an designated polling station, ringing an Australian Electoral Commission official on the phone, and having them manually read out the ballot paper and scribing the elector’s preferences on the ballot paper. This was clearly a step back from the electronically assisted voting system used for 2007 and far inferior to the i-Vote online and telephone system employed by NSW in 2011.

Vision Australia considers that with current technologies, accessible solutions can be developed as a mainstream alternative to the traditional methods of voting. The NSW i-Vote example provides a benchmark and demonstrates how the online and telephone automated system, when offered to a broad range of electors, can both furnish the needs for accessibility and also significantly reduce cost per vote. Almost 50,000 NSW electors, including those who are blind or have low vision, voted using either the online or telephone option from a location convenient to them last year.

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Having access to the democratic process is a human right and fundamental to a nations claim to democracy. In affirming the right contained within the principle UN Covenant on Civil and Political Rights, article 29 of the UN Convention on the Rights of Persons with Disabilities re-articulates the right to participation in political and public life, which includes ‘Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use’. Given that various jurisdictions in Australia have already developed the capabilities to offer accessible voting, and in holding up NSW’s i-Vote system as a working mainstream alternative, it ought to be incumbent upon this NHRAP 2012 to assert a clear commitment to enabling an accessible vote to all electors.

It should be noted that the Baseline Study did identify issues of access to elections for persons who are homeless as a particular human rights problem, but these concerns were not adopted in this draft NHRAP. Interestingly, the concerns stated here with regards to electors who are blind or have low vision were not identified in the Baseline Study. It is however important to acknowledge, as with the situation of homelessness, that access to elections, have been cited in materials directly related to the NHRAP and identified as a legitimate and important element of Australia’s human rights agenda. Vision Australia therefore strongly recommends, that an additional action be added to the ‘People with Disabilities’ section, that specifically commits to ensuring accessible voting systems are developed to the standard of the NSW i-Vote example, legislative adjustments are made, and timetables are set, starting with the 2013 Federal election.

Recommendation 5 To add an additional action under ‘People with Disabilities’ to ensure that all electors have access to a secret and independent vote in Australian elections, that specifically commits to ensuring accessible voting systems are developed, legislative adjustments made, and timetables are set, starting with the 2013 Federal election.

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Conclusion

Vision Australia has welcomed the development of an Australian National Human Rights Action Plan, believing it to be a crucial driver towards achieving equity and dignity for all Australians, including particularly marginalised and disadvantaged persons. We have made recommendations that seek to enhance actions already contained with the plan in the areas of employment, education and emergency warning guidelines, and we affirm the need for access to democratic processes to be afforded to all Australian citizens. People who are blind or have low vision have particular needs to be recognised as equal members of the community, and we call upon the Attorney-General to implement the recommendations in this submission to best continue the work towards realising a truly equal nation in human rights.

Vision Australia welcomes the opportunity to provide any further comment in person should the Attorney-General wish us to do so.

Yours sincerely,

Brandon Ah Tong Policy and Public Affairs Advisor

14 1 ABS, (2006), ‘Disability Ageing and Carers’, applied to the 2006 census. 2 World Health Organisation, (2004), ‘Magnitude and causes of visual impairment’, Fact Sheet 282.)