Introduction I was employed by the Government as a teacher before having a spinal injury in the mid 70s. Following rehabilitation I returned to work, where I remained as a teacher and a school principal for nearly 35 years. In that time I was a strong advocate for employees with a disability. This role was enhanced through my own experience, from being on the Department’s Diversity Council, from being a school principal with over 80 staff, and more recently being on a State Disability Council. As a result of my experience, my response to the discussion paper will primarily be in the context of government departments both State and Federal. I am now retired from the role of Principal. DISUSSION POINT 1.1 In general I found a number of inhibitors to my employment and the employments of others, specifically within the Government. These are as follows: 1. Ignorance on behalf of the decision makers a. In a large bureaucracy, there are many levels of decision making. With a clear lack of commitment to consistency in the implementation of legislation, policy and procedures, I found discrimination was endemic throughout the organisation. While most individuals were well meaning, ignorance was the most common response to acts of discrimination. Even when issues of discrimination based on disability were raised, they were repeatedly and consciously ignored. The Department I was employed by (The Department), allocated a very small workforce to the issues associated with disability. Even when they were allocated, they had the complications of other responsibilities which limited their effectiveness. Many times their responsibilities were redirected to the more ‘hot’ issues. For example, The Department had 0.5 allocation of a mid to low level position to manage disability, Indigenous issues, the gender agenda, and the issues surrounding those from non-English speaking background. This is in an organization which has over 75 000 employees. More recently the workforce managing the diversity agenda has increased to approximately 3 FTEs. However with the increase came many instances of redirection of this workforce to issues outside the disability agenda. b. SOLUTION i. That each state and federal government department commit to ensuring highly skilled public servants are allocated to this agenda, and that these public servants have direct report capability to senior department officials. 2. The silo mentality that exists within large bureaucracies a. The Department has many sections within it responsibilities. Even within HR there were/are multiple direct reports with multiple leaders. Even though there was an overt commitment to the disability agenda, many of the silos did not have the understanding or the commitment to include the disability agenda into the daily thinking. Along with this was the quality of the senior bureaucrat who had as their responsibility, the diversity agenda. Many times these leaders did not have the knowledge or the leadership to influence positively the disability agenda. b. The silo mentality that pervaded the Department contributed to behaviours that were openly discriminatory. Repeatedly I was unable to access professional development for principals due to lack of wheelchair access. c. SOLUTION – The Director General of each government department or their equivalent, be held accountable for the achievement of the KPIs set of in the state’s DSP or the federal equivalent. 3. A lack of commitment by CEOs to the disability agenda a. A review of the Disability Service Plans (Qld) and Disability Action Plans (NSW) clearly shows lack of personal commitment to these plans. Tacit approval of what is published is clear, but there is generally no person commitment on behalf of the DGs to this agenda. There are exceptions to this statement, but on the whole, these commitment by the Director General ( DG) is obviously one of compliance. b. SOLUTION i. An external review (2009?) of Queensland’s Disability Service Plans (DSPs) has a number of recommendations including the following: 1. To ensure strong management, departmental support and sresourcing of the DSPs, Director Generals’ have included in the Key Performance Indicators the effective implementation of the DSPs. (p5 Report Summary) 4. The dominance of the gender agenda a. The strength of the gender agenda has had a negative impact upon the development of the Disability Agenda. The Diversity Council of the Department was dominated by the gender agenda. Even when the council was established by the then Minster of education, Anna Bligh, the focus was well defined for the gender agenda, but was extremely general in its commitment to the disability agenda. b. Staff allocated to these positions tended to be more inclined to support the gender agenda. Tokenism was prevalent in the allocation of staff, which meant that staff members from Non-English speaking backgrounds or those with a disability were placed in these positions irrespective of their ability to do the job. c. The Diversity Council has(d) members of various interest groups including teachers Unions. As an a specific example of how these significant bodies think when they are considering both the gender agenda and the disability agenda, The representative from one State teachers Union tabled at a Diversity Council meeting that the union supported having pregnancy defined as a temporary disability (published in The Department’s Diversity Council Minutes). This move was designed so that women could access the limited funds allocated within The Department’s budget for Reasonable Adjustment. Fortunately, the proposal was denied. But the fact that a significant body representing thousands of teachers would even think of moving such a motion is evidence of how the disability agenda is viewed by this significant organization. d. SOLUTION i. That each state and federal government department allocate specific staff to support the employment and promotion of those with a disability, and that these personnel are not given tasks outside this portfolio. The allocation to be supported by the relevant Director General by establishing a direct reporting process. In departments where the number of employees is significant, the number and level staff allocated to the roles of supporting employee with a disability should also equate to this responsibility. This allocation is supported in the Evaluative Review of the Queensland Disability Service plans. 1. Given the Changing nature of the role of DSPs, it is prudent to consider the resourcing required at a departmental level to drive DSPs. Findings from the evaluation suggest that staff who undertake the role of co-ordinating departmental DSPs do son on a voluntary basis and perform these duties on top of existing work tasks. While considerable goodwill exists from staff across departments, these staff members often don’t have the capacity to prioritise work under the DSPs and ensure activity is pursued and completed. (p5) 5. A lack of accountability from the CEOs of departments (ie ( Directors General) a. A review of the disability service plan statements made by the relevant Directors General showed a clear lack of commitment to the outcomes of the DSP. This was generally the case with a few exceptions where the relevant Director General clearly wrote the introduction to the DSP and committed to its outcomes. b. Another indication of the lack of commitment on behalf of Directors General is the manner in which the different target group days are celebrated. International Women’s day would see the Director General, minister or at least senior bureaucrats involved in the celebration of the day. When it came to celebrating International Disability Day, the involvement of high level personnel (or lack thereof) was an embarrassment. A review of the activities put on by The Department through their website clearly shows this lack of commitment. c. SOLUTION - Ensure the that KPIs listed in any plan that has a focus on employees with a disability, especially those elements which have a focus on employment and promotion are essentially linked to the performance of the Director General. 6. A lack of a collective voice for those with a disability a. One of the barriers to the employment and promotion of people with a disability is the lack of a collective voice. Compared with the success and speed of achievement in the gender agenda, the disability agenda has gained no traction in the public service. All levels of government should be the lead agencies when it comes to employing people with a disability. b. Even the ‘departmental voice’ which primarily is the senior officer allocated to the diversity agenda has had a limiting influence on the employment and promotion of employees with a disability within The Department. Consistently this person did not support the establishment of employment targets/goals, ignored the issues associated with defining disability, and was critical of those who were champions within the Department. c. SOLUTION - One of the recommendations from the aforementioned review of the DSPs in Queensland states clearly that “Formal recruitment targets be established in each department and the results included in departmental reports”. 7. Social Ignorance a. Barriers fall from ignorance within society generally. Within the cohort who included my peers (principals), I repeatedly had to address statements which had as their base, the belief that the only reason I received a promotion was because of my disability. When it came to getting a school that was vaguely suited to my wheelchair needs, another principal suggested I take another school which was significantly less accessible so he could have the school which was more accessible ( a better clientele base!) . b. When I needed adjustments to the workplace, the person responsible for making the decision required of me to disclose personal information before my adjustments would be considered. Even then when all the facts were known, this person refused to fund the reasonable adjustment which in one case was costed at approximately $45.00. c. In another instance, when I requested an adjustment to the physical access in a school of which I was principal, a parent wrote to the Ombudsman complaining about the use of government funds to make the adjustments. d. When posted to a small school, it became clear the community did not want a principal in a wheelchair; because it was believed I would not be able to lead the school. e. SOLUTION – That all levels of government have a consistent, openly stated, commitment to employing and promoting those with a disability, and that this commitment be given bipartisan support and made public. 8. A lack of courage by CEOs to commit to the agenda. a. Generally the commitment given by CEOs of departments is ‘considered’ support for the outcomes of DSPs or their equivalents. This lack of commitment shows a lack of courage on behalf of many CEOs leading government departments. It also demonstrates that the disability agenda was/is a very low priority. b. SOLUTION – The only way to encourage a higher more meaningful level of commitment on behalf of Directors General, is to link their performance to the DSPs or their equivalent ( as in other states) 9. The rise of the political bureaucrat compared with the career bureaucrat a. Part of the demise of government departments is linked to the rise of the political bureaucrat. The political nature of the appointment ensures a greater level of compliance to the political leaders. It also meant that the terms of Director Generals were linked to the time the appointing party was in power. Compare this with the career bureaucrat who committed to the department and its purpose and who tended to stay for the long haul. This resulted in consistence in leadership and a consequent accountability. b. SOLUTION – There is none 10. Political snobbery a. In Queensland, the previous government managed a high level consultation process in order to design a strategic plan covering the next 10 years. With the change of government came a lessening of the impact of this consultation process. Both major political parties have been playing this game. b. SOLUTION – Disability must not to be used a political football. Bipartisan support for this agenda must be achieved through a meaningful commitment to those with a disability. 11. Limited options for Promotion a. Because The Department was unable to identify which schools where deemed accessible, I had to apply for promotional positions in schools which I knew would never be able to have physical access. So in fact I was the only principal in the state who had to apply for positions to which I could not go. b. SOLUTION – Each level of government (State Federal), design as part of its DSP or equivalent a policy on Promotion for Employees with a Disability for classified positions. 12. Language used in the Government Documents. a. The language of the departmental and whole of government plans for those with a disability is woefully inadequate. The genre of effective KPIs has been ignored, so that a government department can do nothing and yet still report positively on this agenda. b. SOLUTION – That both federal and state government commit to writing DSPs and their equivalent in other states, in a way that the KPIs have an impact ( I am happy to provide more detail on this solution). 13. Fear of disclosure. a. When being seconded into The Department to write policy on promotion for employees with a disability, (which was subsequently dropped because it included a commitment to allowing an employee with a disability to transfer his/her promotion a similarly banded school if the school for which he/she was applying did not have suitable access and was not able to be adjusted), I became a confidential contact for many employees with a disability within The Department. Repeatedly, I received calls from those with a disability who were too scared to disclose their disability for fear of retribution. In these instances the employee needed some adjustment to the workplace. b. This situation I believe would still exist within The Department. I make this statement based not a statistical data, but on the premise that the Department is still plagued with the silo mentality, and there is no commitment to Disability Awareness training. c. While an employee of The Department, I advocated strongly for all applicants for promotion within The Department to have completed the online training on disability Awareness and Discrimination. This requirement was to be limited to those positions which were classified. d. SOLUTION – That all employees within all levels of Government must undertake Disability Awareness training and Discrimination Training before they can apply for any promotional, classified position. 14. Lack of a simple, low stress complaints process. a. While I was principal (now retired) I had need to take The Department to the Anti-Discrimination Commission three times. Even this did not bring about change to the disability agenda within The Department. b. This process was highly stressful, and ultimately meant that The Government would use all its resources from Crown Law to fight any allegation. Extremely daunting. c. The Department had its own internal processes, but these had risks associated with them including: ignorance, lack of influence if the Director General did not take an interest, lack of interest, the person making the complaint being seen as a trouble maker ( which was the unofficial stated definition of a Disability Advocate within the diversity sector). d. SOLUTION – Each level of government adjust the processes for taking the government to anybody that deals with discrimination. That this adjustment makes the process more accessible and less demanding than the current reality. 15. Definition of Disability a. I think I have a disability therefore I have one. This is part of the issue. There needs to be a common definition of disability, and this definition needs to differentiate between those disabilities which may require adjustments to the work place and those that do not. b. The focus needs to be on employment of those with a disability where the disability makes a difference. In other words where the employing agency needs to interact with the issues associated with a disability. DISCUSSION POINT 2.1 1. When looking at the issue of employment, the issue of promotion must also be addressed. Practical and workable approaches to achieve employment (in the context of government) include: a. The setting of targets – These to be included in DSPs or their equivalent in other states. b. The results to be published in the department’s Annual Report. c. The targets be essentially linked to the DGs KPIs. d. The commitment and the definition of these targets, to differentiate between those where the disability makes a difference ( i.e. the workplace needing adjustment)’, and those where the disability does not require any adjustment. 2. Currently the data collection process used by HR does not result in clarity around the number of employees who have a disability. There appears to be a strong hesitation in disclosing the disability on behalf some employees where the disability is not obvious, and may be perceived as inhibiting performance by the manager. Fear, as mentioned above, is also a deterrent to disclosure. 3. The issue of changing managers, which is some departments (both state and federal) is a frequent occurrence. This brings to the fore the issue of effective training in both disability and discrimination if the trust which was established between the employee with a disability and the then manager, is to continue. 4. SOLUTION – Before people with a disability will readily disclose they have a disability there has to be trust and awareness. This is an idealistic view of the working environment which is plagued with inadequate leadership. DISCUSSION POINT 2.2 1. Of itself, the answer to this question is ‘no’. In fact the question is a gross oversimplification of a complex problem. Having an obvious disability (ie which needed no disclosure), did not stop repeated systemic discrimination or individual discrimination. In large government organisations, the disclosure is so far removed from the immediacy of the workplace that it has little or no impact. Employment process and those processes associated with promotion opportunities are generally removed from the employee’s workplace. In other words the selection processes are carried out by panels, who have little or nothing to do with the immediate work environment. So the chance of there being a quantifiable benefit from disclosure in this context is negligible. 2. If there are no tangible benefits, then the question about whether they should be voluntary of mandatory is null and void. 3. Some responsibility around disclosure needs to rest with the person with a disability. This responsibility lies in the realm of common sense. It would be unreasonable for me to apply for a job that requires full mobility. DISCUSSION POINT 2.4 1. Best practice around the issue of disclosure would need to be based on and in the relationship between the employee with a disability and his/her immediate senior. DISCUSSION POINT 2.5 2. Because of the unpredictability of leadership both in the private and the public sector, issues around privacy and disclosure are best addressed in an environment of significant consequences for breaking of this trust. No one can plan for stupidity in leadership, and stupidity falls at times from ignorance which can exist from the immediate line manager to the CEO (Director General). DISCUSSION POINT 2.7 3. Government departments would need to report in their Annual Report, and this report must be detailed and linked to the KPIs published in the DSP or equivalent. DISCUSSION POINT 2.8 4. No definition of disability of itself will encourage employees to hire more people with a disability. 5. Marketing has the best chance of changing attitudes in the head and heart of employers. 6. Government departments need to take lead role in the employment of people with a disability. 7. There is an obligation on those with a disability to ensure the best possible match between their capacity and the position for which they are applying. Common sense is not always common and can lead to obvious miscarriages of what is appropriate. DISCUSSION POINT 2.9 1. Other information which must be sought from government employers: a. The number of classified staff who have under taken training in both disability awareness and discrimination’ b. Number of programmes that have been offered to support the career paths of current employees with a disability. c. Number of staff (FTEs), and their employment levels, allocated to implement the monitoring, assessment and analysis of the DSPs or equivalent. d. Number of employees with a disability where the disability has required adjustment(s) to the workplace. e. Number of programmes offered to all employees in the department on disability awareness and discrimination f. The percentage uptake of the programmes by employees in that department
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