Mr Trevor Oddy
ACT 

16 June 2003-06-16 Productivity Commission

I Trevor Oddy authorise the use of my submission to Disability Discrimination Productivity Commission Enquiry to be used as a submission to the Worker' Compensation and OH&S Frameworks Enquiry.

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Trevor Oddy
ACT

Productivity Commission dda@pc.gov.au

Disability Discrimination Act Inquiry.

I wish to make the following submission to this Inquiry.

I have made a Disability Discrimination complaint against the National Capital Authority (NCA), my former employer, and the Willemsen Group who own the building leased to NCA

I have Multiple Sclerosis and retired from the Commonwealth Public Service on 23 October 2001 on invalidity grounds. This unplanned retirement came about due to exacerbation of my condition as a result of actions taken by my employer - National Capital Authority. Prior to my retirement, I worked for over 32 years with the Commonwealth.

I was diagnosed with Multiple Sclerosis in 1992 and at that time was an ELI Officer Working for National Capital Authority at Brisbane Avenue Barton. NCA had leased the building without undertaking an access audit. These premises had numerous problems including a car parking structure for more than 100 staff at the rear of the building. There was only one pedestrian access into the building via 8 stairs up or down the fire escape and the concrete entry ramp to the car park was very steep making it inaccessible for pedestrian access. This building had no suitable parking at the main entrance, which accommodated the lift, and no disabled parking facilities.

In 1995 my condition deteriorated due to office air conditioning problems and my mobility decreased requiring me to use a wheelchair and I had to purchase an automatic vehicle. My employer provided supportive documentation for a sales tax emption for the purchase of an automatic car, as I was deemed unable to travel to work by public transport. I was allocated a parking space close to the rear entrance but was unable to get my wheelchair into the building because of the 8 rear stairs. I was also required to leave the building on some days in order to undertake site inspections and attend outside meetings.

I put forward a proposal for the building to be modified with the provision of rear ramp or lift which would improve access for all employees and visitors. The building owner, Willemsen Group, and my employer, NCA, consistently ignored this proposal although I believe neither could claim unjustifiable hardship.

When it became evident that I could no longer negotiate the rear steps, a single disabled space was allocated at the front of the building. This did not conform to the disabled car parking standards and was in fact the loading zone with the garbage hopper. On more than one occasion, the garbage contractor blew his horn forcing me to go out and move my car while he accessed the space to empty the garbage hopper. I was then required to drive around the suburb of Barton while the hopper was emptied, as there were no alternative parking spaces. On a number of occasions, maintenance contractors and visitors who had previously used this space, parked there denying me access to my workplace.

I then had to come to work, get out of my car and find an NCA employee to drive my car up to the rear parking area. On one occasion I was working late and the only other person left in the building did not have a drivers licence. I was required to ask my daughter to drive 20 kms from our home to assist me.

Willemsen Group and NCA continued to ignore the request for improved access to the rear of the building. It was also stated in NCA OH&S meeting minutes that, as NCA intended to move from the building in 2 years, they were not prepared to pay for the modifications. When I made inquiries in regard to the proposed move to the Treasury building, I was advised by the officer who was coordinating the transfer arrangements, "you are the biggest problem" this referred to special requirements to accommodate me as an employee with a disability in the new accommodation.

An Access Audit conducted by consultant - Chris Marcar - identified the need for rear access in addition to disabled parking spaces at the front of the building. The Willemsen Group refused to finance such works or rectification of the portico roof drainage problem. NCA stated that appropriate spaces could not be provided in that location. I then put forward a suggestion that created 2 disabled parking spaces at the front of the building. NCA finally agreed to fund the works and the spaces were completed in November 2000. Unauthorised persons including Roger Pegrum, Spouse of NCA CEO Annabelle Pegrum, various contractors and visitors continued to park in these spaces denying me access and causing me additional stress.

NCA and staff organized social and work activities without any consideration regarding my condition including car parking arrangements, stairs, disabled toilets and air conditioning. I was always seen as the "last" issue for consideration and was expected to attend and put up with whatever was on offer.

My immediate supervisor David Wright continually discriminated against me by:
- downgrading my rating for senior officers allowance in 1993, stating that it was due to my Multiple Sclerosis - not my attitude or work performance. The CEO - Lindsay Nielsen - reviewed this decision and reinstated my rating.
- questioning the use of my car for work purposes even though he was aware I needed it to transport my wheelchair
- questioning my role as OH&S workplace representative,
- ignored me for acting or promotional opportunities even though I was the most senior and experienced officer available.
- use the performance appraisal system to attempt to get me to resign or to have me demoted by implying that my performance was not affected by my MS condition of which I had provided specialist opinions that I suffered from fatigue and memory loss.

He then set up work tasks that were outside my duty statement as a Development Control officer knowing that I was not able to successfully complete them. He also

threatened my support person stating that, if he assisted me with them, there would be repercussions for him.

All of these actions were totally contradictory to the written recommendations of the Commonwealth Medical Officer, my neurological specialists, an independent access audit consultant and the Commonwealth Rehabilitation Service (CRS) who identified the need for review of the difficult work situation I had with my Director - David Wright. As a result of these recommendations, an EL2 officer was appointed as my professional support officer and those arrangements worked extremely well for both myself and for the whole section particularly when the Director was away on 4 months leave.

In February 2001 the CEO Annabelle Pegrum undertook a major reorganisation of NCA including "involuntary redundancy" of six staff including - my immediate EL2 support officer - without giving any consideration to the possible impact that such action could have and did have on my work and health situation. In addition, NCA was demanding that all staff prepare an Achievement Agreement statement as well as completing the normal workload.

With the unexpected departure of the EL2 officer on the day the redundancies were announced, David Wright - the Director - made no arrangements to compensate for the resulting additional workload placed on me even though he was fully aware of the potential impact on my condition. I was left to assist and orientate new inexperienced staff who arrived the day the redundancies were announced in addition to my own workload, the Achievement Agreement and deal with enquiries in regard to the duties of the now redundant EL2 position.

As a result of this, I suffered an exacerbation on arrival at work on 16 March 2001. The First Aid Officer, declined to assist me even though he clearly understood my condition and I advised him I was ill. He advised me that he had an important meeting to attend. A new staff member, who knew nothing about my MS condition, took me home in my car whi guard outside".

I believe this action calls for another Disability Discrimination claim against HREOC for the way I was treated, but I cannot continue to put my time and energy into making a claim that will have no productive outcome for me or other people with disabilities.

I am concerned at the resources used by HREOC funded by taxpayers including myself, being used to provide employment for public servants and others in community based organizations, many of whom have no idea of what it is like to be a person with a disability or the facilities and support we require in order to get on with our daily life.

It would be more appropriate to allocate resources designed to improve and implement legislation that enables people with disabilities to have equal standing in the community and employment. One recommendation is that when a business or community facility is set up, sold or transferred, a new lease is not issued until a disability access audit is conducted and its recommendations complied with.

Please contact me if you wish to discuss my submission further, I would like to attend the hearings.
Trevor Oddy 01 May 2003