Disability framework

Foreword by the Director-General

The Disability Discrimination Act 1992 makes discrimination in relation to a disability, unlawful. Legislation protects employees, prospective employees, volunteers, work experience students, contract workers and clients. It recognises that people with a disability have the same fundamental rights and should have the same opportunities as other people to participate in the workplace and in community life.

The Library is committed to ensuring that people with disabilities have the same access to information and opportunities to participate in and contribute to its programs as other people in the community. This is an integral part of ensuring that the whole community can access the Library – a significant national cultural institution - and that the Library is recognised as an employer of choice.

The Library’s Disability Framework has two key objectives: 

• to ensure that all Australians have access to a national collection of library material to enhance learning, knowledge creation, enjoyment and understanding of Australian life and society; and
• to ensure that the Library is accessible as a workplace, affording equal opportunity for staff members (and prospective staff members) with disability. It seeks to have processes for recruitment and promotion, as well as workplace conditions that foster equal opportunity for people with disability.

I encourage all employees to identify the role they can play in realising the objectives of this Framework and to actively support and implement it.

Anne-Marie Schwirtlich

Director-General

DISABILITY FRAMEWORK

Introduction

The Australian Government, through the Disability Discrimination Act1992 and the National Disability Strategy 2010-2020 (NDS), is taking affirmative action to provide better access to facilities, information and services, and employment to members of the community, who may have one or more disabilities. Consequently, the Library will ensure the integration of disability access issues into strategic and business planning processes. The Library will also coordinate planning efforts to meet its responsibilities regarding equity, inclusion, participation, access and accountability.

1.1 PURPOSE

The purpose of this document is to set out the Library’s commitment and approach to achieving the key elements of its Disability Framework.  The key elements include:

• providing access to facilities, information and services;
• providing access to employment;
• purchasing services which are accessible;
• recognising people with disabilities as consumers of services; and
• consulting with people with disabilities to find out what they need.

These provide the platform for further planning and development across the Library, specifically across the operational areas of reader services, information technology, public programs, human resources and building and security services.

1.2 DISABILITY AND DISCRIMINATION DEFINITIONS

For the purposes of this Disability Framework, the Library acknowledges that there are two definitions of disability. The first definition is from section 4 of the Disability Discrimination Act 1992 which is deliberately broad and inclusive. The second definition is from the Australian Bureau of Statistics 2003 Disability, Ageing and Carers Survey and is to be used for the collection of data and statistics from APS employees. The definition of discrimination is taken from the Disability Discrimination Act 1992. Please refer to Appendix 1 for full details of these definitions.

1.3 CONTEXT

1. Creating and sustaining a culture that values diversity and actively promotes the employment of people with disability;
2. Providing flexible recruitment strategies that are accessible to applicants with disability;
3. Providing accessible training, cadetship and mentoring opportunities for people with disability;
4. Developing special employment measures to improve the employment outcomes for people with disability (e.g. intellectual disability);
5. Developing accessible premises, workplaces and supportive work environments for people with disability;
6. Reducing complexity and cost for managers employing people with disability;
7. Sustaining a consistent conceptual framework for defining disability; and
8. Improving continuous recruitment and retention strategies for people with disability.

1.4 ROLES AND RESPONSIBILITIES

Library Council

The Library Council has a general role to:

• oversee strategic initiatives within the Library, including development of the Disability Framework, consistent with the provisions of the National Library Act 1960, the Public Service Act 1999 and the Disability Discrimination Act 1992, and
• through the Director-General, oversee the performance of the Disability Framework.

Director-General

The Director-General’s role is to:

• authorise the Disability Framework; and
• hold the CMG accountable for performance of outcomes against the key elements of the Disability Framework.

Corporate Management Group (CMG)

CMG’s role is to ensure that the Library develops three operational business sub-plans to implement the key elements outlined in this Framework in relation to equity of service delivery, purchasing and employment of persons with disability.



CMG member responsibilities include:

• collectively overseeing the development, resourcing, communication, implementation, and evaluation of the Library’s Disability Framework through individual and collaborative efforts;
• being held individually accountable for contribution to the development and implementation of the sub-plans against the key elements of the Library’s Disability Framework, as these relate to their own division; and
• actively encouraging workplace diversity, including modelling supportive behaviours in the Library for visitors and employees.

Specific Executive Sponsors

The Assistant Directors-General will sponsor action in the Library in relation to the key elements of the Library’s Disability Framework.



Specifically, the Assistant Director-General, Corporate Services will sponsor action in the Library in relation to the physical elements of building accessibility and the Library as an employer. All Directors-General will sponsor action in the Library in relation to the elements of purchaser and provider, as they apply to their respective Divisions’ responsibilities.



Each sponsor’s role is to:

• play a lead role in promoting an organisational culture in which the needs of people with disability are considered and acted upon; and
• provide business planning and guidance across the Library’s roles of accessible service provider, equitable employer and purchaser.

Disability Co-ordinators

Responsibility for co-ordinating the Framework and monitoring its implementation across the Library rests with the Director, Human Resources and the Work, Health and Safety Officer, Human Resources. These responsibilities will include encouraging awareness, sourcing appropriate training and reporting to CMG on progress against the Framework whilst ensuring the Annual Report and the Australian Public Service Commission’s (APSC’s) State of the Service reporting is accurate and consistent.



Disability Sub-Plan Owners

The responsibility for the development, evaluation and revision of the three sub-plans rests with:

• the Director, Human Resources for the employer role;
• the Assistant Director, Legal and Contracts for the purchaser role; and
• the Director, Reader Services and the Director, Product Development (IT) share the provider role.

Such responsibilities will include collegiate liaison across divisions to develop, maintain, evaluate and review their respective sub-plans. Each sub-plan shall record the objective, strategies/performance measures, current level of performance, goals and actions for all areas to which the sub-plan relates, with progress against achievement of objectives reported at financial year end to the Disability Co-ordinators and subsequently CMG.



Disability Contact Officers

An employee, ideally one for each Division, will be selected for the role of Disability Contact Officer through a nomination process (with the provision for a Disability Contact Officer to represent more than one Division). Their role is to act as a point of referral within their constituency on disability issues for all staff and visitors and to advocate on disability issues in all appropriate forums, including at the Disability Stakeholder Committee and through divisional Consultative Committee representatives.



Managers and Supervisors

In accordance with the Australian Public Service (APS) Code of Conduct, Values and other legislation, all managers and supervisors shall:

• design and provide services in a manner that promotes dignified access for people with disabilities; and
• treat all employees and prospective employees fairly, from selecting employees on the basis of merit to providing training, career development and promotion on the basis of ability and reasonable workplace modifications.

All Employees

All Library employees are required to:

• endeavour to provide library services in a manner that will enable people with disability to engage with the Library’s collections as fully and easily as possible;
• be accountable for treating everyone with respect and courtesy and without discrimination; and
• act in accordance with the APS Values and Code of Conduct.

1.5 Reporting Obligations

External Reporting

Under the central elements of the NDS, government agencies must specify and report against outcomes for the roles of policy adviser, regulator, provider, purchaser and employer. Consistent with the NDS, the Library’s Disability Framework is presented to permit ease of reporting on the three relevant roles that apply to the Library (i.e. provider, purchaser and employer).

It is acknowledged that achievements against the employer role are required to be reported in the APSC State of the Service Report, whereas the provider and purchaser roles are required to be reported in the Library’s Annual Report.

The Library does not consider it has any significant policy or regulatory role and therefore will not be routinely reporting against these roles unless otherwise requested.

Internal Reporting

The sub-plans should be developed, evaluated and revised by ‘the owners’ with progress against the achievement of objectives reported at financial year end to the Disability Co-ordinators and subsequently CMG.

The Assistant Director-General, Corporate Services will chair a meeting at least biannually with the Disability Contact Officers and the Disability Sub-plan Owners to discuss implementation of the Framework and associated sub-plans, known as a Disability Stakeholder Committee.

1.6. CONSULTATION WITH STAKEHOLDERS

The Library is committed to consulting with stakeholders in relation to matters about the application, implementation, evaluation and review of this Framework that affect them. These matters will be discussed in a spirit of cooperation, inclusion and trust to ensure that stakeholders have an opportunity to contribute their views on matters relating to disability and this Framework. A perpetual calendar of topics can be found at Appendix 2.



A Disability Stakeholder Committee will be established to seek input into this Framework and to facilitate communication and consultation with stakeholders. A Disability Action Plan will be established for the ensuing 3 year period, refer to Appendix 3 for full details. This group may consist of, but not be limited to CMG, executive sponsors, Disability Coordinators, Disability Sub-plan Owners, Disability Contact Officers, Human Resource staff, volunteers, interested visitors, employees in roles managing contracts and building services staff, as well as their contracted providers and representatives from disability groups.

The Disability Stakeholder Committee will also communicate and consult with the Consultative Committee on this Framework and disability related matters, as required.

1.7 REVIEW

The Framework will be evaluated and reviewed periodically by the Director-General who will incorporate advice from CMG, the Disability Co-ordinators and Disability Stakeholders.

1.8 FURTHER INFORMATION

Telephone (02) 6262 1563

Facsimile (02) 6273 4980

E-mail whs@nla.gov.au

Appendix 1

Definitions

DISABILITY

Disability Discrimination Act 1992

Disability, in relation to a person, means:

1. total or partial loss of the person’s bodily or mental functions; or
2. total or partial loss of a part of the body; or
3. the presence in the body of organisms causing disease or illness; or
4. the presence in the body of organisms capable of causing disease or illness; or
5. the malfunction, malformation or disfigurement of a part of the person’s body; or
6. a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; or
7. a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour;

and includes a disability that:

1. presently exists; or
2. previously existed but no longer exists; or
3. may exist in the future; or
4. is imputed to a person.

To avoid doubt, a disability that is otherwise covered by this defnition includes behaviour that is a symptom or manifestation of the disability.

Australian Bureau of Statistics - 2003 Disability, Ageing and Carers Survey

A person has a disability if they report that they have a limitation, restriction or impairment, which has lasted or is likely to last, for at least six months and restricts everyday activities. This includes:

• Loss of sight (not corrected by glasses or contact lenses)
• Loss of hearing where communication is restricted, or an aid to assist with, or substitute for, hearing is used
• Speech difficulties
• Shortness of breath or breathing difficulties causing restriction
• Chronic or recurrent pain or discomfort causing restriction
• Blackouts, fits or loss of consciousness
• Difficulty learning or understanding
• Incomplete use of arms or fingers
• Difficulty gripping or holding things
• Incomplete use of feet or legs
• Nervous or emotional condition causing restriction
• Restriction in physical activities or in doing physical work
• Disfigurement or deformity
• Mental illness or condition requiring help or supervision
• Long-term effects of head injury, stroke or other brain damage causing restriction
• Receiving treatment or medication for any other long-term conditions or ailments and still restricted
• Any other long-term conditions resulting in a restriction.

DISABILITY DISCRIMINATION

Disability Discrimination Act 1992

5. Direct disability discrimination

(1) For the purposes of this Act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if, because of the disability, the discriminator treats, or proposes to treat, the aggrieved person less favourably than the discriminator would treat a person without the disability in circumstances that are not materially different.

(2) For the purposes of this Act, a person (the discriminator) also discriminates against another person (the aggrieved person) on the ground of a disability of the aggrieved person if:

1. the discriminator does not make, or proposes not to make, reasonable adjustments for the person; and
2. the failure to make the reasonable adjustments has, or would have, the effect that the aggrieved person is, because of the disability, treated less favourably than a person without the disability would be treated in circumstances that are not materially different.

(3) For the purposes of this section, circumstances are not materially different because of the fact that, because of the disability, the aggrieved person requires adjustments.

Appendix 2

Perpetual calendar: Disability Stakeholder Committee

Meeting schedule: April, August and November

Appendix 3

Disability Action Plan 2016-19

NLA OPERATIONS AND WORKFORCE

The Library collects and provides access to a large national collection of Library material in both physical formats and online. It serves the Australian community through the provision of reader services, document delivery services, exhibitions and public programs. These nationally available services are accessible from the Library building in Canberra as well as online though Library websites. The National Library also provides the national infrastructure for the discovery of and access to resources held in libraries across the country, which Australians can obtain through their local libraries.

A large proportion of the Library’s positions are in traditional librarian fields such as collection acquisition, processing and preservation, and reader services. Other fields with a high representation are curatorial, public exhibition and publishing roles, and (as Library operations and services are increasingly computer-based and online) Information Technology (IT) roles. The Library’s workforce is largely female (70%) with a median age of 46 years. The median length of service is 9.3 years and the percentage of part time employees as at 30 June 2016 is 18%.

The Library manages workforce needs through a Strategic Workforce Plan. The Plan includes action items relating to reasonable diversity and working towards a workforce that is representative of the broader Australian community.

NLA DISABILITY FRAMEWORK – AN OVERVIEW

The Library‘s disability disclosure rate as at 30 June 2016 was 6.3% of the workforce. This is higher than the APS wide disclosure rate of 3.5%, however, the rates across the APS vary from 0% to 17%. Overall, the disclosure rates do not reflect the broader Australian community, with the Australian Bureau of Statistics reporting approximately 18% of the population reporting a disability and 14% of the working age population.

Of those who have disclosed a disability there is a proportionate even distribution between male and female, with a median age of 45 years. The median length of service is higher for those with a disability at 10.4 years, as is the percentage of part time employees (28%).

The Library engages with the community and the broader APS in disability matters through the Australian Network on Disability and APS specific disability forums. As an employer a range of support is provided through the existing policies and guidelines, staff training, reasonable adjustments and, as appropriate, individual case management.

Information gleaned from voluntary disclosures, concerns raised by managers and colleagues and support provided by the Library’s WH&S function indicates a significant under disclosure of disability in the Library’s workforce. Strategies to foster an environment in which staff are comfortable in disclosing a disability and raising awareness of disclosure will continue to be a key focus of the Disability Action Plan in 2016-19.

REPORTING MECHANISMS

The Library will report its progress on outcomes through:

• Annual progress reports to CMG,
• Annual report indicator to be prepared by the Library's Human Resources Branch and provided to CMG, and
• Responses to the State of Service Agency Survey relating to this indicator.