SUBMISSION TO PRODUCTIVITY COMMISSION DRAFT REVIEW ON THE DISABILITY DISCRIMINATION ACT (1992)

This submission is being made on behalf of the National Diversity Think Tank (NDTT) with the aim of forming The Employers’ Disability Advisory Council (EDAC). Our goal is to provide leadership in establishing an employer run entity to assist & encourage organizations to attract, retain, and successfully integrate people with a disability into their organisations.

We are currently undertaking a feasibility study, which is supported by a small Federal Grant, and we feel that there are certain issues that we need to raise with you with regarding the wording of the current Act. Our group seeks to encourage the employment of people with a disability but we are also protective of the role of the employer. The following points are areas of the DDA that we feel need to be changed or clarified: 

•	Part 1
o	Section 11 - Unjustifiable hardship
•	Unjustifiable hardship 
•	All relevant circumstances  
•	Part 2
o	Section 15 – Discrimination in employment
•	(4) (a) inherent requirements
o	Section 21 – Employment agencies
•	(2) reasonable

In the Overview of the DDA Review there is mention of currently funded programs and their success. Our group aims to establish an ongoing network between these organisations who have incorporated employees with a disability into the workforce. We feel that there has been less emphasis on the employers role in this. Although there are safeguards in place in terms of legislation the terms as listed above are open to misinterpretation and could potentially be detrimental to the employment of people with a disability in the future. 

Andrea McCall
Project Coordinator
Employers’ Disability Advisory Council