The Disability Information and Resource Centre

This news story comes from AAP.

Two men with intellectual disabilities are taking on the federal government in court, hoping to win a pay rise for 20,000 disabled workers across Australia.

Michael Nojin, 44, who has cerebral palsy, epilepsy, impaired motor skills and an intellectual disability, has done office jobs such as removing staples, shredding documents and sweeping floors for $1.79 an hour.

Gordon Prior, 58, has a vision and intellectual impairment and has worked as a gardener for $3.47 an hour.

The men will go to the Federal Court in Melbourne next Monday, arguing that the wage assessment tool – created for disabled workers by the Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) – has failed disabled workers and kept their wages unfairly low.

If they are successful, they hope to improve wages for more than 20,000 people with a disability who work at Australian Disability Enterprises (ADEs) across the country.

Association of Employees with Disability (AED) Legal Centre solicitor Kairsty (Kairsty) Wilson said the organisation had another 60 clients with a complaint about their wage assessment.

They dispute the Business Service Wage Assessment Tool (BSWAT), introduced by FaHCSIA in 2004 to set the wages of workers with disabilities.

“The government’s intended goal with BSWAT was to ensure that people with disabilities received a fair day’s pay for a fair day’s work,” Ms Wilson said in a statement.

“Our case is that BSWAT has failed in this function and has instead acted to keep the wages of these workers far below what the community would regard as reasonable.”

The AED Legal Centre says while Mr Prior was paid $3.47 an hour as a gardener under BSWAT, he received $10.33 an hour under a different assessment tool when he began a new job at a laundromat.

Mr Nojin was assessed as deserving $2.46 an hour for his work under BSWAT and, when he challenged this for being too low, a BSWAT reassessment reduced his wages to $1.79 an hour.

The AED says BSWAT has been the preferred wage assessment tool for a significant number of ADEs across Australia because it keeps pay lower than other assessment mechanisms.

It says disabled workers perform tasks such as packaging, recycling, gardening, production line work and mail sorting, for which they are paid an average gross hourly rate of $3.61.

A FaHCSIA spokeswoman said as the case was before the court, it was inappropriate to comment on issues subject to judicial proceedings.

© 2011 AAP

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The Footprints Holiday Programs are specially designed for school aged children with social integration disorders and intellectual disabilities including Autism Spectrum Disorders and Aspergers Syndrome. Participating children will have a great day, learn skills and meet new friends.

The program will take place on April 20 and 28.

More information.

Kelly Vincent MLC, from Dignity for Disability, has introduced The Disability (Mandatory Reporting) Bill 2010.

This bill will afford the same protections as the Child Protection Act to those with intellectual or severe communication disabilities.

You can read more about the bill in this d4d media release.

News Release

Hon Michael Atkinson

Attorney-General

Minister for Justice

Thursday, 17 July 2008

www.ministers.sa.gov.au

HEALTH EXPERT TO HELP THE VULNERABLE

The Attorney-General Michael Atkinson has announced the appointment of leading health expert Dr John Brayley as Public Advocate. Dr Brayley will start his five-year appointment on Monday, taking over from John Harley, who resigned earlier this year after serving nine years as Public Advocate.

“Dr Brayley is a perfect fit for this demanding but rewarding position,” Mr Atkinson said.

Dr Brayley is a Senior Lecturer in Psychiatry at Flinders University and a consultant for health services in S.A. and interstate. He was formerly the Director of Mental Health in S.A’s Department of Health and the Chief Adviser in Psychiatry to the Mental Health Minister. For the past year, he’s been an honorary adviser to the Social Inclusion Board.

The Public Advocate is an independent official who can advise people with a mental incapacity on their rights and provide them with representation.

“Dr Brayley is noted for promoting the interests of vulnerable people, their families and carers. For more than a decade, he’s been a strong ally for those facing mental illness, disability and homelessness,” Mr Atkinson said.

In addition to giving one-on-one help, the Advocate reviews programs and systems in the Government, non-Government and community sectors to identify improvements that can be made.

“The Rann Government is drastically reforming the mental health system to achieve better outcomes for individuals and the public. Dr Brayley’s knowledge of those changes and his ample experience in the health sector will be instrumental in reaching those goals,” Mr Atkinson said.

At the centre of Dr Brayley’s work will be ensuring dignity for people who are disadvantaged as a result of mental illness or disability.

“Often, people with a mental incapacity fall through the gaps because they don’t get the support they need to make important decisions. This can leave them even more vulnerable and disconnected from society,” Dr Brayley said.

“I see this role as a chance to connect people to the support that’s available whether it be guiding them through processes or paving the way for change,” “I’d like to thank Mr Harley for his hard work as Public Advocate and wish Dr Brayley all the best in his efforts to help the most vulnerable South Australians,” Mr Atkinson said.

For further information contact Jayne Stinson on 8207 1738 or 0458 547 512