Speech to Employers Network on Disability International Day of People with Disability cocktail party

Graeme Innes AM
Disability Discrimination Commissioner
1 December 2009

I acknowledge the traditional owners of the land on which we meet this afternoon.

In the United States, 54 years ago today, Rosa Parks was arrested. Rosa Parks was a black woman, arrested for refusing to sit at the back of a bus. It's appalling to think this occurred. It's even more appalling that 54 years later in Australia, many people with disability can't even get on the bus.

That's why the international day of people with disability is such an important day. It symbolises the need for changing community attitudes towards people with disability. For too long, people with disability have been excluded from our community because we are not understood, or regarded as objects of pity or charity. But today, we seek to be subjects with rights, equal members of society, as co-workers, family members, friends, and colleagues. To not include us means that our community is not a rich, diverse and sustainable community.

But you can't just "do" social inclusion of people with disability on the international day. Such days are important, but they're of little use unless we, as a community, learn to think inclusively in all our individual and collective activities, and unless we develop--to corrupt a Billy Joel song line--an "access state of mind" that becomes second nature to us.

The theme for the international day this year is built around empowerment- empowerment of people with disability within their communities. And we will be empowered by being included, by getting jobs, and by having barriers for us in society removed.

For the past two years, I've given you the highlights, and the lowlights, (from my personal perspective) of the year in disability. So in this, the international year of astronomy, I've reached for the stars. And also, in this year of swine flu, I've listed a few items that will make us feel almost as sick. And Australian governments and businesses around the country haven't let us down- there have been some clear demonstrations that inclusion of people with disability, that last practical civil rights challenge - to steal Bill Shorten's line- is still a long way off.

Let's begin with the swine flu competitors. And be prepared- some of these organisations could be at this function. You're allowed to boo where appropriate-

My first is a positive and a negative. And its to the Federal Government for access to premises standards. Work has been occurring now on these standards for over ten years. Earlier this year the draft was referred to a Parliamentary committee for consideration, and its recommendations were strongly in favour of the draft, and of making some improvements to it. But the overall recommendation of the committee, supported by leaders in the disability field and the building industry, was to pass the standards, and give us clarity and consistency in building and discrimination law. With that recommendation, you'd think the government would have moved quicker than a front-bencher out of Malcolm Turnbulls shadow cabinet. So why are we still waiting?

Secondly, another positive and negative award- the "shut out" report. This valuable document, prepared by the National Disability and Carers Council, paints a graphic picture of how people with disability - shut in institutions last century- are this century shut out of society because of the barriers which exist, and the inadequate and fragmented disability service system we have in Australia. Full marks to Kirsten Dean, the author of the report, and the Council for its preparation. But what a sad indictment on Australia, and the way we treat people with disability.

Another initiative on which I have mixed views is the media access discussion paper. Although it took longer than an elephants pregnancy to arrive, now that its here - as newborns do - its crying energetically for attention. I encourage you to put in submissions, and the Government to make their decisions on it faster than baby elephant speed. It contains some valuable and interesting proposals. Its disappointing to see the lack of ideas on improving access in cinemas.

Fourthly, the national disability employment strategy. Well, my mother always taught me that if you can't say anything nice then don't say anything at all. It's a good lesson. However, can I break it with one comment. We will never achieve strong commitment from private industry to employ people with disability when our governments set such a poor example. And all this strategy does is give them twelve months to go away and work out what their employment targets should be. I congratulate Australian Employers Network on Disability for continuing to work with government departments to help them do better.

My next award is to our politicians for their negative disability language. This year "blind freddy" has been a regular, with "spak attack" also making an appearance. How can we challenge the negative view of people with disability in our community if our national leaders continue to use such phrases.

But, just like many Melbourne cup finishes, the award this year goes to an entry which has been occurring all year, but made a late run - or should I say crawl - into the public arena. My swine flu award for the year goes to Jetstar, not only because they took Kurt Fearnley's wheelchair - just like taking someone else's legs - on check-in, but because they did it all year to hundreds of other passengers. And it took someone with a high profile such as Kurt to bring the policy into focus. If every passenger was made to sit in the gate lounge for an hour and a half before the flight, not go to the bathroom or to the coffee shop, to suit the airlines convenience, then not many would be flying Jetstar.

And now for the stars- cheering where appropriate is also acceptable:

The amendments to the Disability Discrimination Act- though relatively minor, they have clarified some issues, and made the complaints process easier.

The clear focus by Ausaid on disability issues. This has placed Australia in the forefront of achieving empowerment for people with disability in the Pacific.

The improvement in aviation policy- with a "star" exception, which has led to such things as the new Virgin access policy for people with disability- far and away an improvement on their performance in 2008.

Progress on the implementation of the disability convention, or the DisCo- doesn't that evoke a great image. The signing this year of the optional protocol to the DisCo- which means that once domestic remedies are exercised, a person can complain to the UN committee. And, of course, the recent appointment of Australia's Ron Mccallum as chair of that committee. Further, the declaration of the DisCo as an instrument under the Human Rights Act, meaning that people can lodge complaints with the Commission for breaches of the DisCo.

People in the public eye who feel that they can admit to a hidden disability. Andrew Robb and depression, Stephen Fielding and Learning disability. This must mean some changing of attitude.

The work, led by Bill Shorten and Therese Rein, on progressing the issue of lifetime housing design. It's not a done deal, but we are well on the way to some excellent initiatives in this area, in a partnership between government, industry and the disability sector.

Finally, the big announcement of the year, made at the disability awards last week. The initiation of a feasibility study by the productivity commission into a national disability insurance scheme. As the Prime Minister said, this is a huge idea, and if successful will change the face of service provision for people with disability.

But wait, there's more. Bill Shorten is on Facebook. Why is this on my list? Because he's demonstrating the importance of disability by being the politician with the most Facebook friends. So, even if you're not a real friend of Bills, and if you support disability issues you should be, become his Facebook friend.

Hopefully there are some lessons amongst those, and some guidance for 2008 and beyond. And hopefully there are some more announcements to come on Thursday that I don't know about.

We can, and do, all play a part in the inclusion of people with disability in our community. So let's give ourselves a round of applause- because the star award goes to us.

People with disability are not heroes, and are not victims. We are agents of our own destiny, seeking an equal place in the Australian community.

Best wishes to you all for the festive season. Come back next year re-energised- there's much advocacy still to do. Thanks for the chance to speak with you this afternoon.