Adaptable Departments - disability action plans and what makes them work

Adaptable Departments - disability action plans and what makes them work

A DACV, EOCV, HREOC forum

Royal Australasian College of Surgeons, Wednesday 17 May 2006, 8.30am - 1.30 pm.

Graeme Innes

Human Rights Commissioner and Disability Discrimination Commissioner

Introduction

Allow me to begin by acknowledging the traditional owners of the land on which we meet.

I am very pleased to be able to contribute to this Forum and would like to congratulate the co-convenors, Rhonda and Fiona, and their organisations for this initiative, which is just one part of the Disability Advisory Council's Disability Action Plan Project running throughout 2006.

At the risk of being refused entry back into NSW I would like to start by taking a few moments to recognise the very positive focus on disability rights that has evolved over the past few years in Victoria.

Certainly there are many issues that advocates continue to be concerned about but I can point to many initiatives in Victoria that give me cause for optimism.

First I continue to be impressed by the commitment and energy invested in disability issues by the Municipal Association of Victoria through its Action Plan and Civic Participation Project work. This work is made possible, in part, through Department of Human Services funding of a Disability Access and Inclusion position.

Support given by MAV and the Department of Human Service's own Rural and Metro Access Workers program has resulted in Victoria continuing to hold the Action Plan Logie award for most registered plans from any sector. Currently 54 of the 79 Councils have registered their Action Plans and I know that more are in the process of finalising their plans.

It is not the mere numbers that makes MAV's efforts stand out, however, it is the very obvious effort that is being made throughout Victorian Local Government to address the barriers to inclusion that are the evidence of its success.

I have found that whenever the Commission seeks feedback on its work or involvement in any of its projects it is Local Government in Victoria that is the first to put up its hand.

For example when the Commission and Marrickville Council launched its Missed Business guide aimed at improving access to small businesses most requests to reproduce the material came from Victorian Local Government.

Similarly, more recently when we released a guide for organising accessible events in conjunction with Meetings Events Australia we immediately received feedback and suggestions for additions to the guide from here.

I have no doubt that while the initiatives have come from Local Governments themselves the support and networking role that MAV has played has contributed greatly to establishing an environment in which ideas and actions are generated.

Second I acknowledge the initiatives of the Victorian Government and in particular the Department of Human Services and the Governments Disability Advisory Council.

One of the most innovative initiatives to emerge from Victoria in the last five years has been the Rural and Metro Access strategy, which supports urban, rural and regional communities to plan and develop strategies that will increase membership and participation opportunities for people with a disability.

It was established as a partnership between the Department of Human Services, local government authorities and community health services.

More than 500 projects incorporating and celebrating the involvement of people with a disability have been developed across the state as a result of this initiative.

I also note the initiative of the Victorian Government in relation to the Charter of Human Rights and Responsibilities Bill now before Parliament. This proposal represents the first legislated Charter of Human Rights for an Australian State . 

When adopted it will be a powerful tool in ensuring human rights protection in Victoria . I am confident the Charter will promote better government, by requiring all new Bills to be accompanied by a Statement of Compatibility and by imposing obligations on public authorities to act consistent with human rights.

I note here the contribution made to the Charter's development by Rhonda who was a member of the Human Rights Consultation Committee and Fiona.

Third over the past couple of years the Commission has benefited from a much closer working relationship with the Victorian Equal Opportunity Commission, particularly in the area of disability rights policy.

The EOC has always had a disability rights focus but more recently important initiatives in the form of projects aimed at addressing systemic barriers have been developed. One example of that is the work the Commission is doing on the difficulties people with disabilities face in the rental market.

Perhaps the most important initiative, and the one that offers real opportunities for change, is the close working relationship that has clearly developed between the Disability Advisory Council, the MAV, the EOC and other organisations such as the Victorian Building Commission.

This network provides a forum for the generation of ideas and projects that I am sure will have a continuing positive effect on the rights of people with disability in Victoria .

A brief history of Action Plans

I am sure most here are very familiar with the provisions in the Disability Discrimination Act relating to Action Plans.

The reason for including them in the DDA was essentially to encourage service providers to assess their services and programs so as to identify barriers that exist, and devise strategies to address them.

In drafting the DDA we wanted to ensure there were mechanisms that encouraged a pro-active approach to eliminating discrimination rather than having to rely solely on individual complaints.

In developing an Action Plan service providers would benefit in a number of ways. First they would enjoy the recognition of making a public commitment to the equality rights of people with disabilities.

Second they would be addressing their legal liabilities under both Federal and State laws.

Third they would be able to plan for change in a way that took account of other responsibilities and commitments, particularly budgetary commitments.

Finally they would provide themselves with added protection from successful complaints by having their Plan considered as part of a defence of unjustifiable hardship.

My view has always been that the investment required to develop an Action Plan is not warranted unless it achieves all those benefits for an organisation, and that it will not achieve those benefits unless it is done with the organisations full support.

Soon after the DDA came into force we began work on developing guidelines for organisations on how to develop an Action Plan such as those for Government, business and education service providers. These guides, while useful, were obviously developed without the benefit of experience, and focussed mainly on clarifying the actual provisions of the DDA in relation to Action Plans.

If I remember correctly one of the first Action Plan submitted to the Commission was from a small business called Friends Pharmacy in 1996. It was one page long and essentially consisted of a statement of commitment to ensuring every customer would be treated equally and that next year they would ramp the single step from the main part of the shop to the dispensary.

Around the same time the earliest Action Plans began to appear from Local Government and I think Banyule from hear in Victoria was the first of them.

While the Commission does not endorse Action Plans and has no authority to monitor their implementation we have, over the years, provided considerable informal input to service providers in the drafting process.

As a result we gained valuable experience in the sort of areas that seemed to frequently present as problems in their development and implementation.

Indeed we were even able to develop tongue in cheek acronyms to identify some of the common features of some plans.

For example, there was the Nobodies Action Plan or NAP, this type of Action Plan tends to take a nap at the back of a filing cabinet.

There was the Someone's Taken the Resources Action Plan or STRAP, this is the sort of Action Plan that is high on rhetoric but low on outcomes often because it is strapped for cash.

There was the Floundering and Lost Action Plan or FLAP, this is the sort of Action Plan that struggles to integrate itself into the organisations general business activities, it tends to flap around like a fish out of water.

Finally there is the Created Reluctantly Action Plan which fails to get organisational leadership endorsement; I will leave you to work out the acronym for that one.

What makes Action Plans work

In 1997 the Commission issued a second guide titled 'Developing an Effective Action Plan'. This guide focussed more on areas of concern that had been identified by people with direct experience in developing Action Plans.

The guide focussed on a number of elements:

1. understanding your organisational environment and creating a favorable climate for implementation
2. undertaking effective consultation, and
3. developing an effective evaluation, monitoring and review strategy.

I will look briefly at each of these elements as they are still relevant today.

Organisational environment and a favorable climate for implementation

Understanding the organisational environment and creating a favorable climate pose the greatest difficulties for those responsible for developing a plan and ensuring it is implemented.

Most planning processes begin with identification and analysis of the factors that affect or could affect the internal and external environment of an organisation. Developing of an Action Plan is no different.

Understanding how the organisation works, how decisions are made, and how resources are allocated are the basis for making decisions about the way an Action Plan should be developed so that it fits with the needs, purpose and direction of the organisation.

All organisations are unique to some extent, but some of the elements I think are critical to the development and implementation of an effective action plan are:

1. Obtain senior management commitment

If you don't have senior management commitment, then you may need to look at strategies for convincing management of the benefits of developing and implementing an Action Plan.

If you have commitment from senior management for the development of the Plan, then you are more likely to ensure that sufficient timeframes and financial and human resources are allocated for implementation of the Plan.

2. Develop a formal Disability Policy 

A formal Disability Policy will provide a public statement of the organisation's commitment to implementation of the Action Plan. It should affirm respect for the rights of people with disabilities. It should be endorsed by senior management and publicised internally and externally.

3. Promote a sense of ownership 

The consultation process can be used to promote a sense of ownership among staff and managers, and consequently a commitment to effective implementation.

Regular information about the development and implementation of the Plan can be provided at staff and management meetings. Updates on the DDA and Action Plan development can be published in internal newsletters.

4. Allocate Action Plan implementation responsibilities to specific individuals

Responsibility for implementation should be delegated to a position of some authority, such as a section manager, to ensure that it is viewed as a high level activity.

To formalise this responsibility, it should be written into the job description of the delegated position rather than allocated generally to a Branch or section as general responsibility often leads to a lack of adequate incentives for individuals to perform. Some organisations have included reference to the implementation of an Action Plan into the Performance Indicators of senior staff linking it to their bonuses.

5. Allocate priorities and ensure careful financial management

An Action Plan may include a large number of strategies and tasks to be performed. Some will be big ticket items involving considerable resource allocation over a period of time while others will be cost neutral. It is important that some system of prioritizing is included in the plan. From a management perspective it might be advisable to ensure some 'quick fix' items are included in the priorities in order to ensure momentum.

It may sound obvious, but the commitments made in a plan have to be carefully budgeted for, and receive appropriate budget committee endorsement.

6. Don't over commit

While an audit of services might identify a large number of issues to be addressed, it is important that the plan is realistic about what can be achieved over its life. Having said that, it is equally important that the plan vigorously addresses issues when commitments are made.

7. Integrate the Action Plan with other plans

Organisations have many plans, including annual budgets, business and strategic plans, and it is important that the Action Plan is integrated with those plans if it is to have a better chance of being implemented.

Effective consultation

Consultation is crucial to the process of developing an effective Action Plan. It is the most productive method of reviewing the policies and practices of your organisation to identify discriminatory practices; for looking at potential solutions; for setting priorities for action; and for devising evaluation and continuing consultation strategies.

Checklists and audit tools can identify service barriers, but they are not sufficient on their own. They need to be used in conjunction with consultation with internal and external stakeholders.

Effective consultation provides added assurance that key issues are not going to be missed, that internal and external stakeholders have a sense of ownership of the Action Plan, and that a productive relationship has been established with your actual or potential customers and clients with disabilities.

Having said that, consultation is not easy to define and those of you experienced in consulting know that whatever you do someone somewhere will not be happy with your efforts.

Consultation involves a series of different strategies and processes which are dynamic, continuing, constantly changing to reflect and suit specific circumstances, and built into an organisations regular procedures and activities.

It could involve a range of activities including:

• information provision, where interested parties receive information about what is happening in preparation for future more interactive consultation processes
• inviting comment on draft plans from selected interested parties
• holding public forum to seek feedback
• establishing formal structures both internal and external that encourage active participation in the identification of problems and development of solutions.

Consultation will vary according to the size and nature of the organization, and the resources available. But consultation processes that are closer to 'active participation' than 'information provision' are more conducive to the development of an effective Action Plan.

Developing consultation strategies will be no different than developing commercial or service strategies: be clear about what your objective is, do your research, seek expert advice if necessary, consider and analyse your alternatives and develop strategies accordingly. The creative aspect of planning consultation is to develop a process which will achieve your objective within the resources and timeframes available.

The guide to Developing an Effective Action Plan provides extensive advice on consultation, but I think there are a few points to note:

There is nothing to gain from consulting widely if the process is not focused. Over-consulting is a waste of your time and resources if all you are doing is receiving the same information over and over again.

The other extreme is to limit consultation to one or two regular consumers with disabilities. Limited consultation does not provide information representative of people with a range of disabilities; it provides information limited to the specific needs of those one or two people - unless these people have a broad understanding of barriers affecting people with a range of disabilities.

Do not let time restrictions limit your consultation process; it is legitimate to build continuing consultation strategies into your Plan.

Make sure you recognise the importance of continuing consultation by building it into your Plan's strategies. For example, strategies to consult with people with disabilities when developing or amending policies and practices; strategies to include people with disabilities in the evaluation and review of your Plan and strategies to provide existing employees with disabilities opportunities to continue to contribute their ideas and experiences.

Effective monitoring, evaluation and review

One of the common problems the Commission has seen in registered Action Plans is the tendency to test whether or not an action has been completed, rather than test whether or not the action has eliminated identified barriers. This often leads to focusing too much on measuring activities rather than results.

It might be useful to outline my views on the relationship between these three elements.

First, monitoring involves checking that the actions you have committed yourselves to have actually been done. Monitoring is concerned with checking outputs or activities, for example if a pamphlet on access has been produced or if staff training has been completed by a certain date. Someone would normally be identified to be responsible for ensuring these actions are actually completed.

Second, evaluation is the process of determining whether your Action Plan is effective, using performance measures to see if you are actually achieving your objectives or aims. Evaluation is concerned with outcomes or results, for example if the production of a pamphlet results in more people with disabilities using the service or if staff training actually improves consumer satisfaction with your services.

Finally, a review is the process of looking again at the overall direction and priorities of an Action Plan to check if you have the right objectives or aims and strategies.

If a clearer distinction is made in Action Plans between these different elements the plan will be more effective.

All of these issues - and more - are the focus for the Action Plan project being undertaken by the Disability Advisory Council. I look forward to seeing the outcomes throughout the year.

The future for Action Plans

I will finish by highlighting a number of issues organisations should consider as they develop or review their Action Plans.

First, while the focus of Action Plans under the DDA is on service provision, the Commission has always encouraged organisations to also consider strategies relating to the employment of people with disabilities.

As you will be aware earlier this year the Commission released the report on the National Inquiry into Employment and Disability undertaken by my predecessor Dr Sev Ozdowski titled Workability II: Solutions .

The report recommended a National Strategy to address a number of issues as a matter of priority including:

• developing a whole-of-government approach to ensuring appropriate financial and practical support to people with disability, including a streamlined system to provide adequate:
• income support;
• transport, equipment and health care subsidies and concessions;
• workplace supports and modifications; and
• personal care in the home and workplace;
• improving the effectiveness of government-funded employment service delivery to people with disability and employers (including recruitment assistance and access to supports on an as-needed basis);
• improving transition-to-work schemes for people with disability in secondary, tertiary and vocational education and training institutions;
• ensuring better relationships between private sector employers and government-funded information, recruitment and employment support services;
• increasing recruitment and retention of people with disability in the public sector (at the Commonwealth, State, Territory and local government levels); and
• developing a benchmarking, monitoring and reporting system to ensure accountability and ongoing improvement to the incentives, supports and services available to people with disability and employers.

While some of these recommendations relate to Commonwealth responsibilities, others could be addressed by State and Local Government on their own initiative.

For example increasing the recruitment and retention of people with disabilities in the public service, improving workplace supports and modifications and improving transition-to-work schemes.

Action Plans could identify strategies to address these issues where relevant, and, in the case of recruitment, consider setting some targets over the next couple of years.

Second, organisations could develop accessible procurement policies which would ensure that access issues were considered in any future procurement of goods and services, particularly in the area of electronic and information technology.

The research conducted by the National Employment and Disability Inquiry suggests that it is now appropriate to examine the viability of a mandatory government procurement policy similar to that used in the United States .

Third, I would remind organisations of the authority of the Commission to grant temporary exemptions in situations where commitments to addressing discriminatory barriers are made over a period of time. Temporary exemptions can protect organisations from complaints while they get on with the job of fixing problems, and would allow for better budgetary management.

Fourth, I would like to see organisations make a commitment to developing a 'Disability Lens' or mechanisms for assessing how new programs and services will affect the rights and participation of people with disabilities in the community.

Finally, I would be interested to see Action Plans being used as a mechanism to address responsibilities under the proposed Charter of Human Rights and Responsibilities, which includes a prohibition on all forms of discrimination.

While the Charter does not specifically mention Action Plans, clearly they could constitute part of a strategic approach to meeting Charter responsibilities for public authorities.

Victoria is leading the way in proactively implementing policies which will advance opportunities for people with disabilities in the community. I urge you to maintain this excellent work. I look forward to reading reports on the outcomes of the Action Plan project, and supporting any initiatives that further the rights of people with disabilities in Victoria .