Legislative Council: Wednesday, June 22, 2011

Contents

DISABILITY EMPLOYMENT SERVICES DEED

The Hon. R.P. WORTLEY (15:35): I refer to the Department of Education, Employment and Workplace Relations guidelines found within the Disability Employment Services Deed 2010-12 regarding support provisions for people with disabilities in employment. This deed sets particular conditions that must be met for an individual to be eligible to receive funding required to provide on-the-job support and personal care.

The guidelines refer to benchmarks that are determined by a job capacity assessment. Common results of this assessment for people on a disability pension are that they are capable of working eight hours per week. Higher benchmarks can be assessed and set at 15 and 30 hours per week. A standard workday of 9am to 5pm includes a mandatory 30 minute lunchbreak, equating to a 7.5 hour working day.

The higher benchmarks can be easily met by working two days at 7.5 hours or four days at 7.5 hours to meet a benchmark of 30 hours. However, the benchmark of eight hours for people on disability support pensions presents difficulties, as working one day per week fails to meet their benchmark hours. This eight-hour benchmark also creates problems for their employer. The Disability Employment Services, which provides support, is also affected, as eight hours of work per week must be completed for the agency to continue to receive funding to provide job and personal care support in the workplace.

Meeting the benchmark hours is critical for a person to receive funding and continued support from their disability employment service. The importance of receiving support cannot be overstated for many people living with disability. They provide funding for on-the-job assistants, with tasks that may be physically challenging, personal care in the workplace and support required for those with special needs to maximise productivity in the workplace.

I have personally been informed of instances where potential employers have contacted candidates with disabilities to ensure they receive full-time support from an agency prior to offering them an interview. These experiences are testament to both the discrimination against those with disabilities (which they face) and the importance of receiving funding to provide ongoing support.

In addition to existing employees, a benchmark of eight hours presents an obstacle for those attempting to find employment. The vast majority of employers view such conditions as a burden, problems they will have to negotiate throughout the term of employment. Thus, the already limited employment opportunities available for people with disabilities are further restricted.

Georgia Horgan currently holds position as my personal assistant. Recent health concerns have resulted in a number of doctor appointments and a 22-day hospital stay. Even with medical certificates, an exemption is required to justify a break in her employment for longer than the allowable four weeks. Those with disabilities are obviously more susceptible to health concerns. Georgia's health complications are ongoing and future medical appointments are inevitable and can often fall on her working day of the week.

Obviously, in order for Georgia to work to her full capacity her health needs must be met. Appointments that are necessary to the health of those with disabilities can also present challenges under the present scheme. Georgia's most recent appointment fell on the day she works each week. Fortunately, another's absence has allowed Georgia to exchange shifts and avoid any funding complications. However, in other circumstances where rosters are less flexible, a short but required absence from work could ruin the delicate balance of staffing and working hours.

Employment for people living with a disability is more than an economic benefit to the state. In addition to providing a wage and reducing pressure on funding for disability support pensions, it bestows an enormous boost to the self-esteem of people with disabilities. A sense of purpose and achievement is vital to any individual. The government makes every effort to improve the lives of those living with disabilities. The present scheme is excellent in principle. Case-by-case assessment is the only just method of operating such a scheme. However, the described finetuning is necessary to maximise the benefit of all.

In my experience those guidelines need reviewing to make employment easier and as beneficial as possible. If the benchmark hours for a person on disability support pensions were set at 7.5 hours, they would be able to meet their hours by working just one day a week and continue to receive support from Disability Employment Services. This will also prevent Georgia having to make an enormous effort and trip into parliament, into my office, for half an hour on another day just so that she can make up the hours required.