Improving outcomes and enhancing choice,
control and respect for the individual in
disability employment services
Perspectives and insights from advocates
Engagement Project Report
June 2014
Improving outcomes and enhancing choice, control and respect for the individual in Disability
Employment Services: Perspectives and insights from advocates
© Disability Advocacy Network Australia (DANA) Ltd, June 2014
This publication is copyright. It may be reproduced in part or in whole as long as proper
credit is given to DANA.
DANA is the national peak body for disability advocacy and represents the collective voice of
over 70 disability advocacy organisations across Australia. Our goal is to advance the rights
and interests of people with disabilities by supporting our members in their targeted
advocacy as well as engaging in systemic advocacy on a national level to further these
objectives. DANA works to a vision of a nation that includes and values persons with
disabilities and respects human rights for all. Independent advocacy agencies address the
advocacy needs of marginalised people with disabilities, through a variety of delivery
models that include systemic advocacy, legal advocacy, individual advocacy support by paid
advocates, citizen advocacy using volunteer advocates, self advocacy development and
family advocacy development and support.
CONTACT DETAILS
Disability Advocacy Network Australia Ltd
Unit 2/15 Hall Street Lyneham
Canberra ACT 2602
PO Box 96, Dickson Canberra ACT 2602
Phone: +61 (2) 6175 1300
Email: info@dana.org.au
Web: www.dana.org.au
Facebook: www.facebook.com/disabilityadvocacynetworkaus
Twitter: www.twitter.com/danaltd1
This publication has been prepared by Disability Advocacy Network Australia for the
Australian Government, represented by the Department of Social Services. The views
expressed in this publication are those of Disability Advocacy Network Australia and do not
necessarily represent the views of the Australian Government.
2
Abbreviations
ABI:
Acquired Brain Injury
ADE:
Australian Disability Enterprise
BSWAT:
Business Services Wage Assessment Tool
CRPD:
The United Nations Convention on the Rights of Persons with Disabilities
DANA:
Disability Advocacy Network Australia
DES:
Disability Employment Services
DPO:
Disabled People’s Organisation
DSP:
Disability Support Pension
DSS:
Department of Social Services
JCA:
Job Capacity Assessment
TAFE:
Technical and Further Education
Contents
Executive Summary.................................................................................................................... 5
Access to employment opportunities for people with disabilities ............................................ 6
Safeguarding and promoting realisation of the right to work ............................................... 6
Human rights in employment service delivery ...................................................................... 7
DANA’s Engagement Project...................................................................................................... 8
Gathering perspectives and insights from advocates ............................................................ 9
Experiences of DES among clients of advocacy organisations .................................................. 9
Accessing DES ......................................................................................................................... 9
Awareness and knowledge ............................................................................................... 10
Perceptions ....................................................................................................................... 10
Pathways to DES ............................................................................................................... 10
Support to access.............................................................................................................. 11
Expectations at initial access ............................................................................................ 11
Assessment and allocation ............................................................................................... 11
Informed choice of DES .................................................................................................... 12
Satisfaction with DES ............................................................................................................ 12
Communication, control and choice ................................................................................ 13
3
Personalised service and supports ................................................................................... 14
Expertise ........................................................................................................................... 14
Dissatisfaction and Disengagement ................................................................................. 15
Advocacy .............................................................................................................................. 15
Rewards and star ratings ...................................................................................................... 16
Linkages and pathways ........................................................................................................ 17
Schools and educational institutions................................................................................ 18
Centrelink ......................................................................................................................... 18
Supported Employment Providers ................................................................................... 19
Employers ......................................................................................................................... 19
The way forward ...................................................................................................................... 19
Improving awareness, information and access.................................................................... 20
Developing consultant expertise.......................................................................................... 20
Encouraging innovative personalised service ...................................................................... 21
Strengthening pathways to employment ............................................................................ 21
Evaluating outcomes and encouraging good practice ......................................................... 22
Ensuring access to advocacy ................................................................................................ 22
4
Executive Summary
In the experience of disability advocates and advocacy organisations, the majority of the
clients of advocacy services (which is a group of consumers that are particularly reliant on
clear information, access and effective support) are not satisfied with how Disability
Employment Services (DES) operate or with the outcomes the DES program delivers. Some
people with disabilities lack awareness and understanding of DES. More effort is needed to
ensure access to clear information and explanation of the support available to people; the
service standards; their responsibilities and rights as DES users, including the right to choose
which DES they use, and influence how they receive employment supports. DES users need
support to effectively communicate and engage with DES consultants, express their
preferences, needs and aspirations, and assume more control over directing and evaluating
the jobseeking support they receive. DES consultants need to be more responsive to and
respectful of the individual’s needs, and focused on delivering person-centred supports and
innovative solutions to the person’s employment barriers.
The experience of advocates highlights that greater skills and expertise in job matching,
workplace accommodation, and disability employment and supports would provide better
outcomes for DES clients. Inflexible program rules and incentives narrowly focused on
employment outcomes at certain points in time, do not encourage best practice in DES, as
DES user satisfaction and longer term employment outcomes and career development is
compromised in the pursuit of the “13 week and 26 week outcomes.” More integration and
linkages with other service systems including income support and education, and supported
employment providers, would enhance collaboration and efficiency. Advocates’ feedback
indicates there is more potential for DES to develop stronger awareness and connections
with employers, and proactively work with them to create more jobs for people with
disabilities. Independent advocacy could play a greater role, subject to capacity and
resourcing limitations, in supporting the delivery of employment services, by aiding
communication, informed choice and control and contributing to the accountability of DES.
5
Access to employment opportunities for people with disabilities
People with disabilities in Australia contend with negative attitudes and a general lack of
opportunity, support or access. These barriers commonly prevent individuals from reaching
their potential in education and employment outcomes, or in any form of social, cultural or
economic participation. The National Disability Strategy 2010-2020, intended to provide a
framework for implementing the United Nations Convention on the Rights of People with
Disabilities (CRPD) in Australia, was endorsed by the Council of Australian Governments in
2011. Under the outcome area of Economic Security, the Strategy identifies the policy
direction: “access to employment opportunities, improving economic security and personal
wellbeing.”
DANA recently engaged with its constituents on the progress made under the Strategy.
Advocates who responded to the economic security survey unanimously agreed that this
policy direction had shown “little or no significant improvement.”1 Australian employment
rates among people with disability continue to be shamefully low for a prosperous nation,
and have fallen in the public sector. There is very little access to full-time equal paid job
opportunities, and discrimination by employers contributes to the range of employment
barriers. Furthermore, unemployed people with disabilities often do not find effective
support to seek and apply for jobs, and to secure employment that is a good match for the
person.
In written responses to the survey, advocates noted the frustration of endless 'fitness for
duty' or the 'return to work' rehabilitation assessments, and commented that Disability
Employment Services (DES) are often under-resourced, inflexible or failing to deliver the
individualised support necessary to find employment. One advocate observed:
“people with disabilities who are already employed have no access to employment
supports to advance their career or find a more fulfilling/better paid job. They can
only access support to remain in the same job, even if they dislike the job, it pays
poorly with poor conditions, and they wish to move on to a new job.”
Also noted in the survey responses was a failure to sufficiently engage with private
enterprise to provide timely access to supports, such as workplace equipment, to ensure
that people with disability have equal access to the workplace.
Safeguarding and promoting realisation of the right to work
Article 27 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD)
concerns work and employment. It requires the Australian government, as a State Party to
the Convention, to:
“recognise the right of persons with disabilities to work, on an equal basis with
others; this includes the right to the opportunity to gain a living by work freely
chosen or accepted in a labour market and work environment that is open, inclusive
1
11 of 11 respondents. Disability Advocacy Network Australia (2014) “A long way to go”: Progress on the
National Disability Strategy 2010-2020, p.26.
6
and accessible to persons with disabilities ... safeguard and promote the realisation
of the right to work, by taking appropriate steps... to:
(d) Enable persons with disabilities to have effective access to general technical and
vocational guidance programs, placement services and vocational and continuing
training;
(e) Promote employment opportunities and career advancement for persons with
disabilities in the labour market, as well as assistance in finding, obtaining,
maintaining and returning to employment;
(i) Ensure that reasonable accommodation is provided to persons with disabilities in
the workforce;
(j) Promote the acquisition by persons with disabilities of work experience in the
open labour market;
(k) Promote vocational and professional rehabilitation, job retention and return-towork programmes for persons with disabilities....” (edited excerpt)
Working within a human rights framework, DANA perceives DES as crucial to the realisation
of the rights of people with disabilities. Beyond the fulfilment of work and employment
related rights, the delivery of employment services to jobseekers and employees with
disabilities engage other broader rights, such as Article 21 on the freedom of expression and
opinion, and access to information, as DES users must be free to express work preferences
and be provided with information that allows the individual to make an informed decision
about DES providers and the employment options available.
Human rights in employment service delivery
The new National Standards for Disability Services draw on the human rights and principles
expressed in the CRPD. “Rights” feature as one of the six National Standards and as a basic
element covering all the standards. Human rights principles are also identified as
overarching and are integrated within the other five standards.
Rights for service users:
1. Rights: the right to exercise choice and control when using services and supports;
the right to dignity of risk and freedom from discrimination or harm
2. Participation and Inclusion: the right to participate in one’s chosen community and
decide how to have contact with others
3. Individual Outcomes: the right to lead and direct decisions about how services
support the individual
4. Feedback and Complaints: the right and freedom to give positive and negative
feedback about all aspects of supports and service; the right to independent advice
and support to provide feedback or make a complaint
5. Service Access: the right to access services based on fair and equal and transparent
criteria, and support for referral when a service is not available
7
6. Service Management: the right to services and supports that are effectively
managed, regularly reviewed, accountable and contemporary
Addressing the human rights aspect is vital to improving the efficiency and responsiveness
of DES. Services that respectfully listen to and cater for the needs, strengths and aspirations
of the individual are more likely to achieve successful outcomes for jobseekers and
employees.
DANA’s Engagement Project
In July 2013, the then Minister for Employment Participation, Hon Kate Ellis, announced that
the Australian Government would provide funding to a number of national disability
organisations, including DANA, to assist in improving the delivery of Disability Employment
Services (DES). The purpose of these grants was to lift consumer engagement and
knowledge of the DES program and to facilitate the provision of consumer advice to the
Government about service needs and potential future improvements. In order to improve
the performance of the DES program, the Government expressed its desire to hear about
the issues affecting the client group each organisation represents, and how this group could
be better assisted to access information on DES.
As the peak body for disability advocacy organisations, DANA can add value to the project
by harnessing the knowledge and experience of our member agencies and their clients. To
manage funding levels that are insufficient to meet the demand for advocates, advocacy
services must often prioritise the most marginalised people with disabilities – those clients
with cognitive impairments, communication barriers, or complex needs, those with
experiences of institutionalisation, abuse or neglect, and those without strong networks of
support from peers, family or friends. The client base of advocacy organisations includes
people who may not be engaged by the regular activities of Disabled Peoples Organisations.
Throughout 2013-14, DANA promoted awareness and understanding of DES through our
newsletter, social media and website.2 In developing the program for the 5th National
Disability Advocacy Conference, one session was focused on disability employment. This
provided an ideal opportunity for a Department representative to present informative slides
2
DANA shared the provided factsheets and links on our website and included a brief informative blurb and link
to the website’s DES Project Page in our newsletter. Staff also developed content for an informative Project
Page on the DANA website, which includes a number of sub-pages, with various links to further information on
government and non-government websites related to DES. The pages are designed to be useful for advocates
and clients to find information about DES, and also served as the online point of contact for DANA’s
engagement project. Sub-pages provide: a comprehensive overview and explanation of DES, their functions,
the relevant standards and related services and programs; A practical way of understanding what DES can
potentially achieve for users in the “Stories and Experiences” page, which includes numerous links to online
videos or stories about people with disabilities finding employment, often using DES; An exploration of the
relevant human rights principles in the CRPD and applicable standards for services.
8
on DES and for DANA to introduce attendees to the project and our engagement plan. To
inform this final report, DANA distributed survey questions to gather the knowledge and
insights of advocates on how the DES program responds to the needs of jobseekers and
employees with disabilities. This report will explore barriers and identify potential enablers
for the DES program to better meet the needs of the participants.
Gathering perspectives and insights from advocates
An online survey was selected as the most suitable method for collecting the views of
advocates and advocacy agency staff. DANA developed a comprehensive set of questions
to prompt survey respondents to share relevant knowledge and insights into the
experiences of DES users. DANA included an introduction to the project in our newsletter
and sent specific reminder emails to encourage often time-poor advocates to respond to
surveys. Over time, the survey accumulated almost fifty individual responses. In answering
the open-ended questions, some respondents answered concisely and some included
detailed examples and thoughtful commentary. The varied level of detail and familiarity
with the DES system that was evident in the written responses indicates that some
respondents have advocated extensively on employment issues. The sum of the written
responses provided a qualitative richness to inform this report. Excerpts and quotes from
the survey answers are included in italics at relevant points below.
Experiences of DES among clients of advocacy organisations
The clients of advocacy services are often not equipped to engage with DES consultants as
discerning and informed consumers, and may require additional supports to access and
benefit from the services currently on offer. As advocacy agencies, by their nature, are
more likely to hear about the operation of DES when services are working ineffectively and
failing to meet the needs of the user, the results of the survey unsurprisingly reflected
general dissatisfaction among DES users. Insufficient levels of choice and self-direction, of
personalised support, of job-matching expertise and inadequate pathways to career
development, emerged as common themes across the majority of responses.
Accessing DES
Respondents observed that the manner in which an individual uses DES generally depends
on their level of need: high needs clients will access DES for basic tasks such as job
searching, resume and job placement (usually in call centres or factories). Generally, low
needs clients will only contact DES to access funding - workplace modification, wage subsidy
etc... However, before the individual can determine what support is needed, the jobseeker
or employee with disability must first be aware that DES exist, and understand how to
access the supports and assistance on offer. According to survey responses, awareness of
DES is highly variable among advocacy clients, but ultimately inadequate. Advocates note
that some people with disabilities need help to understand what types of support are
available to them and this assistance is not always available.
9
Awareness and knowledge
A number of advocates concluded that their clients generally do not have knowledge of DES,
and yet other advocates affirmed that people with disabilities are aware and do have
knowledge of DES.
Some people with disabilities who do not have knowledge of DES may be unlikely to seek it
out: Many lack the means of accessing relevant information or planning skills to follow
through. Many responses emphasised that advocacy clients’ knowledge is deficient, limited
or confused regarding DES functions, eligibility or how to access DES. Some reported that
knowledge of DES does not always include awareness of the full range of supports on offer,
the purpose of DES or how obligations to attend may relate to income support payments.
Some advocates note that the lack of knowledge and understanding about DES is a
particular problem for people working in sheltered supported employment, especially in
relation to income support rules.3 Reports varied as to whether schools informed students
with disabilities about DES.4 One respondent notes that people who have been on the
Disability Support Pension (DSP) for long time may not believe they can work or know what
supports DES can provide to enable them to work.
Perceptions
Respondents identified differing perceptions of the people for whom the DES program is
designed. One respondent perceived a general view that only higher functioning people
with a disability should access DES rather than an option being available for all people with a
disability and needs. Whereas, others note that some potential clients would prefer to use
mainstream processes and the perception of DES as a last resort for people with severe
impairments. If you are in any way able to compete, then you would not use a DES. Concern
was expressed about the stigmatising effect of different categorisation, reflected in the
name of the DES program itself: the tag Disability singles people out.
Parents of young people with disabilities discussed employment at the 2013 “An Ordinary
Life” Conference in Canberra. Several successful instances were shared of parents and
school-based work experience programs assisting and supporting young people to find jobs.
One person explained their avoidance of using DES out of fear they would “muck it up”. This
perception is consistent with the view that reliance on the informal supports provided by
family, friends or advocates would be preferable to using DES. One respondent observed
that DES are accessed by people who do not have the skills or ability to lead a job search
process, and do not have other supports to do so.
Pathways to DES
Advocates observed that the main point of access to DES is through referral from another
service, particularly Centrelink, or a case manager. Difficulties in accessing DES because of
delays in the Centrelink process were also noted. Some are referred or given information at
3
4
10
ADEs and supported employment are discussed further on p.19.
Schools and educational institutions are discussed further on p.18.
school and people with intellectual disability often get initial help from their family to access
DES. As noted above, there is inadequate awareness of DES program and how it relates to
other programs and some people who are not linked into or engaged by other service
systems remain uninformed. Responses indicate that many people with disabilities find the
system difficult to navigate.
Support to access
Advocates observed that their clients are generally supported by others to access DES, for
instance with assistance from families or case workers, indicating that these services are not
easily accessed independently. This need further disadvantages those DES users attempting
to navigate the system without the help of a case worker, supportive family or friends or an
independent advocate.
Expectations at initial access
Several respondents described the expectations of jobseekers and employees with
disabilities who approach DES. Most people begin hopeful that the DES will help find them
work and believe that DES will offer a good service and expect to access jobseeking
expertise. This consumer group appears to have an inadequate level of knowledge about
what DES can or should offer them, in combination with a generally high level of trust and
reliance on service quality, when first accessing employment services.
Assessment and allocation
Advocates indicated that their clients have problems understanding the Job Capacity
Assessment (JCA) and find themselves unsupported during this process. One advocate
explains: The JCA process expects that a person can clearly articulate themselves,
communicate verbally, do not have an intellectual disability, and will not need a support
person to assist them during the interview. The process makes most people feel very nervous
because they know that their future financial position could be decided by one meeting with
a person they have never met before. The process does not assist people to feel confident to
seek out work.... Most people with disabilities who attend a JCA are unprepared and many
are entirely unsupported to meet the requirements set by the JCA (e.g. factors including
transport, personal care, proximity to employers, are not dealt with).
Respondents suggest that people are not always assigned to the most suitable service: 5
- Sometimes the client's conditions do not seem to line up with the program
recommended.6
5
In 2011, Nevile and Lohmann recommended the Job Capacity Assessment process be improved as
inappropriate assessments will require further administrative work to resolve, affecting DES program
efficiency. Ann Neville and Rosemary Lohmann, (2011) “It Is Like They Just Don’t Trust Us”: Balancing Trust
and Control in the Provision of Disability Employment Services, Social Policy Action Research Centre, Crawford
School of Economics and Government. x-xi.
6
Examples: multiple significant conditions and a DMS referral; Some raised concern as to whether disability
always identified and considered: .... was allocated as “mainstream client” without consideration of whether
an appropriate service for his particular needs.
11
-
Many people that have been in open employment for many years would not get past
a JCA in the current environment.
Informed choice of DES
Advocates reported that generally jobseekers and employees with disabilities have had very
little choice and control over which DES they use, and are often not informed that they have
any choice.7 Choice of DES is sometimes severely restricted by geographical location and
respondents reported that in rural or remote areas there is limited choice or only one
provider. However, the range of choices open to an individual may also be constricted by a
lack of information: People are just told what is available or where there is a place for them
to go to.
Advice and support to make a decision about which DES may suit the person best, appears
to be rarely available: JCA workers usually offer a list of local service providers with little, if
any, advice about how to choose a quality DES.
Many clients of advocacy services would lack awareness that there may be a number of DES
in their area they can access and can change if not happy with the service. Advocates also
question the extent to which DES users understand their rights to complain, give feedback
and evaluate the services received from one DES against those of another, or against the
service standards framework. For instance, one respondent observes: Most people with
disability do not realise that DES consultants are there to provide a service to them.
Another respondent contends that: Even those people who have used 4 or 5 different DES
providers have little idea that the service they are being offered should be of a higher quality
because there is little real difference between services (there is a great difference between
the quality of individual workers at DES providers and only when a jobseeker finds a highlyskilled worker, do they find success).
Satisfaction with DES
Many advocates report that clients have had variable but predominantly negative
experiences with DES. Although a few positive outcomes are mentioned,8 the survey results
strongly suggest that the vast majority of DES users are not finding satisfactory employment
outcomes:
…generally our clients are not satisfied with their DES and most have attempted to use at
least 2 different providers - sometimes up to 5.
…most say that the DES is not doing anything for them. Some have complained that the jobs
they are being directed to are menial, underpaid and not what they want.
7
One respondent emphasised: Many... have not received ANY information and would not even know there was
a difference in the services provided, or that there were even different services.
8
For instance, comments include: feedback that clients are obtaining work that they are satisfied with and
works with their disabilities or conditions, with correct support. & A few DES are more person-centred and
effective than others.
12
To tease out these issues of satisfaction and dissatisfaction with DES, one of the survey
questions asked respondents to consider whether jobseekers and employees with
disabilities are making reasoned, informed choices, engaging with DES as discerning
consumers and conveying their individual needs to DES consultants.
Communication, control and choice
Many advocates had not had much experience of their clients engaging with DES as
discerning consumers or making fully informed choices when accessing employment
supports. Several respondents asserted that people with disabilities do convey their needs,
state what they want to do and ask varied questions. Advocates questioned the
responsiveness of DES to people’s expressed preferences and described DES users as not
feeling in control, nor leading and directing decisions about how services support them:
People do not have a choice about how they use DES; DES providers tell people what they
have to do if they want to use the service.
Some respondents noted that many of the clients of advocacy services lack confidence
when engaging with DES consultants. People with intellectual disability, an acquired brain
injury (ABI) or mental illness face additional challenges in making choices and being
discerning. The opportunities to make reasoned, informed choices may depend greatly on
the particular DES or the individual consultant. One advocate observes that DES consultants
could be more empowering when engaging with DES users who lack confidence. DES users
from a non-English speaking background cannot be informed decision makers without
access to interpreters and translation services. As discussed above, DES users often expect
and rely on receiving high quality supports:
Most people with disabilities see no need for informing themselves as discerning customers
because they believe that the DES will offer a good service...Most jobseekers go to DES to
access jobseeking expertise and are shocked when they do not receive expert assistance
from a qualified human resources professional.
One advocate notes that DES users who are dissatisfied with supports or allocated to an
inappropriate provider appear to learn through experience and transfer to a different
provider later in the process.
A repeated concern is that DES consultants, pressured to meet targets for employment
outcomes, take charge of the situation and force people into inappropriate jobs. People
using DES are keen (and, in some cases, desperate) to find work and may therefore be easily
persuaded to take on positions that do not accommodate their individual needs, or are
unsupportive or discriminatory. Often jobseekers and employees with disability have been
made to believe that (any job) is a privilege, so do not complain about wages and conditions.
A hasty, poorly considered job match may deprive a DES user of the support needed to find
greater satisfaction and longevity in their employment options. This concern is associated
with the failure of many DES and DES consultants to be person-centred in their approach.
13
Personalised service and supports
Advocates reported that DES users do not seem to be led through a proper intake where
they can express their needs fully and feel that their preferences and aspirations are rarely
considered; rather than their individual needs being discussed, clients have a range of
services set out for them to choose from. DES consultants appear to merely look for what
jobs are available at the time, or are pessimistic and consider only a very narrow range of
jobs, fail to listen or doubt the individual’s capacity to perform more challenging and
meaningful jobs.
Highly skilled professionals with disability consistently complain that DES workers suggest
only menial, unskilled work to jobseekers, regardless of their university-level qualifications.
As these complaints suggest, DES consultants are too often prone to low expectations of the
DES user’s working life, which is seen as static, rather than being progressive and marked by
learning and development. Respondents also suggested that DES give up too quickly or
easily on jobseekers (especially those that have high support needs): consultants don't
spend the time to really get to know the person and their job and job related support needs.
DES users often feel that the DES provider does not listen to them and engage with them
properly.
This lack of individual attention may result in underestimating an individual’s capabilities or
a failure to identify and sufficiently accommodate the needs of the jobseeker or employee.
Case Study: In one case the medical reports were ignored and hours offered and
taken were far in excess of the person's ability. There was no ongoing support other
than in the presence of the employer who said firmly issues should only be raised
with him. The client dealt with multiple staff members in the DES and none seemed
to be aware of his details.
Some respondents acknowledged that limited contact with DES consultants, or failures to
follow up with the DES user, may arise from administrative and professional pressures:
- rigid/limited hours of support and too much paper work.
- ...perhaps don't have the time or their case load too high.
- work under tremendous pressure. If they are not getting job starts, they lose their
jobs.
Expertise
Respondents also expressed concern that consultants do not have the requisite expertise or
training, or lack understanding of people with disabilities and disability-specific needs and
barriers. Reports of DES staff being inappropriate in their attitude towards people with an
intellectual disability or ABI, and having little or no experience in working with people with
disabilities are concerning. For instance, DES staff supporting someone with a brain injury
should be trained to know the impacts of this disability and strategies for managing them
and be able to communicate those to a prospective employer so appropriate workplace
accommodations are made and there are no unrealistic expectations.
14
In addition to pointing out deficiencies in disability expertise and understanding, particularly
in supporting people with significant disabilities, respondents also critiqued the job
matching expertise of DES. One respondent asserted consultants have limited experience in
career guidance and assessing skills to complement the workplace. Another explained:
Many people who choose to use a DES to support their jobsearch are unsure of their skills
and abilities for paid work and therefore are looking to the DES to help clarify which jobs
they are best suited for. Most DES providers cannot offer this kind of highly-skilled,
personalised service.
Another respondent complained about a general lack of knowledge, reporting problems
with DES officers not knowing or understanding how to assist clients, what clients can
access, what clients need and the scope of their role as a DES officer.
Dissatisfaction and Disengagement
Several respondents described DES users as feeling disappointed on discovering that DES
lack focus on finding a job for which the person is suited, and consultants continue to
suggest job options that are not of the person's choosing or interest. Often employers who
recruit through DES are taking advantage of the program for cheaper or periodical labour,
which adds to frustration of DES users looking for longer term employment. Others may be
dissatisfied by the part-time nature of the employment secured.
DES users are sometimes instructed to start with training they are not interested in, and told
it “will give you good experience”. Others find they cannot get access to the training that
would prepare them for work: DES won’t fund training they need to make them work ready.
DES users have complained that they have to do all the work themselves. Advocates have
also heard of consultants or services failing to follow up with the DES user: some say they
haven’t had return phone calls.
Most jobseekers are disgruntled with the process when they realise the only service
being offered is fortnightly meetings with an underqualified job placement worker
who requires that the jobseeker look up work on an office computer connected to
seek.com.au. Most people with disabilities settle for poor service because they have
no other options.
The extent to which DES users have formalised their complaints is not evident. However,
some instances of people seeking support from an advocacy organisation to make a
complaint were mentioned, for instance, when they think the DES case manager is not doing
their job. One respondent asserted that it is very difficult to get (the Department) to
investigate issues when complaints are made about inadequate service.
Advocacy
Independent advocacy organisations play a role in providing information about the DES
system, anti-discrimination laws and income support, among other relevant laws and
policies. Several advocates report referring their clients to DES. A number of responses
15
indicate that DES users would benefit from individual advocacy when accessing and
engaging with DES. The issues discussed above, including problems that commonly confront
some people with disabilities such as clearly and confidently communicating preferences
and exercising informed choice, are highly amenable to the support advocacy provides:
…communication, navigating the system, feeling heard and validating their requests, issues
that enable the employee to have a customised approach.
However, respondents indicate that generally DES users do not seek the support of
advocacy organisations when accessing or using DES, and advocacy services rarely provide
support for this purpose. Respondents put forward a number of reasons to explain this:
- DES users may be unaware or unsure whether they could ask for help and support in
this context or get an advocate for this purpose.
- advocacy resourcing cannot stretch to meeting this need (because other more
urgent demands must be prioritised).
- DES seem to discourage, or are resistant to, the involvement of an independent
advocate.
Most people do not believe they will need an advocate ...Most people only realise they
need support when their expectations are not met. I have recommended that jobseekers
utilise an advocate for meetings with Centrelink and DES so that they can be sure that
they are leading the process, that their expectations have been agreed to by the service
provider, and that the service provider agrees to consequences for not delivering the
service promised.
One respondent observed that, although not many people use an independent advocate,
some use a family member or friend to support them when accessing and using DES. One
respondent explained that issues with DES are generally brought to the advocacy
organisations when the client seeks assistance with issues relating to employment
discrimination - i.e. during interviews, rejection letters, workplace modifications etc...
Furthermore, their experience is that DES are hesitant to work with a client who has an
advocate - in some cases refusing to take them on, citing reasons such as "we have no
vacancies at the branch closest to you".
Rewards and star ratings
Respondents were critical of the DES program’s system of rewards, and questioned the
accuracy of the star ratings attributed to DES: The DES five star rating is not a true reflection
of outcomes for individuals with a disability.
Current funding rules may incentivise poor DES practice in the achievement of short term
success, over good practice focused on sustained employment outcomes:
- DES are not providing an advantage in the employment market. The current contract
encourages short placements. There is no evidence that once placed they are assisted
or given further training so as to achieve promotions or job mobility.
- DES users get insufficient help given to obtain employment and do not get jobs
through DES - they get the DES a stat, and money for that DES business.
- outcomes are based on what will give the DES provider a payable outcome.
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DES providers get payouts after 13 & 26 weeks. After they have received these
payouts, they have no interest in supporting the person to maintain their
employment because there is not enough money in it. DES providers are therefore
only interested in supporting people to find short term jobs. That means when they
become unemployed again they can come back through the system and make more
money for the DES.
Advocates also question the rationale for inflexible program rules that DES must operate
within, observing that DES seem quite tied up in limitations and are often not willing to be
innovative.
Case Study: A person with disability was not supported to resolve issues of bullying in
the work place. This person was categorised as Job in Jeopardy and the DES' role was
to maintain current job. The DES seemed to side with the employer and was very
dismissive of the bullying issues. They also refused to support him to find a new job,
as had been his real goal (although not reflected on the Employment Pathway Plan
because the DES said it was not a goal they could assist him with due to funding
restrictions) for a number of years. The real reason seems to be the star rating
system - according to the funding arrangement, if the person was to quit his job while
receiving services as Job in Jeopardy this would reflect poorly on the DES, even if the
person quit only to move immediately into a new job of his choice.
Linkages and pathways
To explore how DES function in the context of other relevant entities and programs, one
survey question was focused on the quality of DES linkages with educational institutions,
ADEs, transition to work services, employers, Centrelink and JobServices. From the
perspectives of advocates and their clients, collaboration between DES and these other
entities is limited. Referral and other linking mechanisms are variable and often ineffective:
There are no systematic linkages that consistently deliver outcomes between any entities
listed. If effectiveness is deemed to be a smooth transition between one entity to another, in
a way that is person-centred and is focused on finding well-paid, decent work for a person
with disabilities, then no, they do not.
One respondent asserts that DES stay away from any form of advocacy and strongly object
to interacting with other employment services and, in some cases, Centrelink. DES often do
not work together well because they are competitors, even though collaboration could
sometimes give a client a better result.
Improved coordination and connection between all these different bodies is needed to
achieve optimal outcomes. Respondents identified:
- the problem of structural blocks such as rules against using programs concurrently:
eg. ADE and DES
- mainly, it is the work of a school transition officer or the family that makes
collaboration happen between entities.
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...some fantastic examples of DES utilising and referring to other services in order to
get the very best support and outcomes. In other cases ...service providers reluctant
to take on any further support measures other than employment related supports.
varying capacity of different entities to set up linkages.
more linkages with JobServices may give people more choice and opportunity for a
meaningful working life.
Schools and educational institutions
Reports varied as to whether schools connected students with disabilities with DES.
One respondent observed that there seem to be good linkages between the senior years of
high school and also Technical and Further Education (TAFE). Others reported failure by
schools to follow through on supporting access to DES.
Case Study: The school advised many times they would arrange for young man to be
placed with a DES and his mother would also be part of the meeting at the school
with the DES. Over Year 10, 11 & 12, this never actually occurred, despite his mother
repeatedly informing them that he had already had a JCA which assessed him as
having a reduced capacity. Since then, communication with Centrelink has everything
ground to a halt - totally ineffective collaboration.
The transitions of students with disabilities from secondary school to further education or
employment could be better supported.9 Respondents argued that DES, don't advocate or
encourage enough access to TAFE. One advocate observed that when DES can find the
person a placement in training or education, seem to leave their clients there indefinitely.
Centrelink
As discussed above, many people access DES through their interactions with Centrelink.
However, some advocates argue that stronger and more efficient linkages are needed to
effectively support the individual and his or her needs:
DES would benefit from a direct link with the local Centrelink office to discuss issues on
clients behalf. It is often hard for the client to get into Centrelink with conditions such as
anxiety. Coming into a DES provider, and having the provider be able to call up on their
behalf on a direct line to resolve system issues etc. would make a significant difference,
allowing providers to explain the query with knowledge of the system and the client's
requirements as well as resolve the issue on the spot rather than directing the client to an
office where the issue may not be explained properly and not addressed
Some people with disabilities have been confused after approaching either Centrelink or a
DES: they have been told to go back to Centrelink or back to the DES and they find
9
Trainor, Audrey A. (2008), ‘Using Cultural and Social Capital to Improve Postsecondary Outcomes and Expand
Transition Models for Youth Disabilities’, The Journal of Special Education 42 (3) 148. Trainor, Audrey A,
Lauren Lindstrom, Marlene Simon-Burroughs, James E. Martin and Audrey McCray Sorrells (2008) ‘From
Marginalised to Maximised Opportunities for Diverse Youth with Disabilities’, Career Development of
Exceptional Individuals 31, 56.
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themselves going back and forth without having produced quite the right information to
access the services they are looking for.
Supported Employment Providers
DANA is particularly concerned that DES should link more effectively with ADEs to enable
people who have been segregated in sheltered workshops to transition with support to open
employment. Supports for transition must be available and accessible as potential DES users
may be reluctant to move outside familiar options such as a place in supported employment
or in a supported community access programs (day support). As one advocates explained, a
lack of belief that all people have the capacity to contribute in a valued employment role
contributes to people with disabilities being channelled into supported employment rather
than exploring open employment, and once placed there people rarely move into open
employment and miss out on access to the supports available through DES.
The lack of awareness and knowledge of DES is problematic for people working in sheltered
supported employment. Once people are sent to an ADE it seems they never leave.
Respondents claimed that some supported employment services do not refer clients to DES
when they want to seek other employment. Furthermore, many people in supported
employment have very poor experience of transition and very low expectations that they will
be engaged in mainstream employment, which suggests ADE employees are inadequately
supported and engaged by DES. One respondent commented that DES do not link with
ADEs as there is no money in that for them.
Employers
Some respondents noted the limited employment opportunities currently available,
observing:
- not enough jobs about for people with disabilities.
- very big stigma in the community and among prospective employers that an
employee with disability will be a liability through workplace injury, unfair wages,
etc.
- perception that OHS laws have become so tough and penalties so high that
employers and managers, who may also be personally liable will not take the risk, as
they see it, of employing a person with a disability
However, advocates perceive opportunities for DES to do more to “job create” with
employers and organisations, and raise awareness of the supports that are available. One
respondent questions whether all employers know about DES.
The way forward
Enhancing opportunities for DES to proactively seek employment opportunities was a
recurring theme in the improvements that advocates proposed in their survey responses.
Other common suggestions were focused on improving access, information and
communication support, and developing the expertise and understanding of DES
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consultants. In the suggested improvements, some tensions emerged between reducing
onerous bureaucratic requirements on the one hand, and increasing accountability of
services on the other. Respondents emphasised flexibility and enhancing the capacity of DES
to be responsive, person-centred and innovative.
Improving awareness, information and access
Some responses suggested measures to boost awareness of DES among advocates, carers,
service providers and employers, and more explanation and referral to DES at the relevant
service points encountered by people with disabilities. Advocates called for earlier and
better promotion of the DES program in schools, and encouraged individuals with a
disability and their families to plan for employment from an early age ... with a focus on
individual interests, strengths and talents. Respondents suggested improvements:
- communicating the service to the people who it is supposed to be catering to and
help them access the service.
- being up front in an easy read booklet so consumers are aware of the rights and
responsibilities from the beginning.
- coordinating the information through Centrelink on a regular basis to all benefit
recipients.
- providing interpreters for appointments of clients from a non-English speaking
background and translate the information about the DES, purpose, goals, assistance
it can provide.
- delivering more outreach and resources that can be accessed with independence.
- raising workplace awareness of diverse needs to ensure the employee with disability
feels valued and welcome, and empowering co-workers to provide support.
Developing consultant expertise
Better training for the consultants and staff working at DES emerged as a recurring theme in
the improvements advocated by respondents. Several asserted that DES consultants need to
be better paid and better trained, citing the need for:
- more training on mental health and disability awareness
- better training of staff on what is possible for all people with disabilities, including
people with impaired decision making capacity, psychosocial disabilities, ABI etc.
- training on how to be creative about meeting open employment requirements.
Advocates made a range of suggestions for building DES expertise and skills in disability
employment. For instance:
All DES workers must achieve a nationally recognised qualification which has been developed
according to best-practice evidence, and should be engaged with mentoring and ongoing
professional development to ensure their effectiveness.
Another respondent advocated that DES focus on:
- recruiting staff that are highly motivated to find (or empower the person to find) a
suitable job for the person.
- ensuring staff have high expectations of people with disabilities.
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engaging people with disabilities who are in open employment to mentor and consult
on achieving better outcomes.
One respondent suggested that consultants’ performance reviews be more stringent, and
linked to the satisfaction of the clients.
Encouraging innovative personalised service
Several respondents strongly emphasised that DES need to be more innovative, personcentred, flexible, and offer individualised services rather than giving the standard
prescription of fortnightly meetings.
Client-centred performance is linked to long term success, which could be achieved by giving
DES users more control over the supports and services they choose. Greater flexibility
regarding the length of time individual clients are allocated was also suggested, with
respondents explaining that people with high support needs need more time to be
effectively assisted, and recommending that consultants take time to be aware of what can
and cannot be done and be willing to involve the person's circle of support. Advocates
argued that DES should:
- further consider and make more effort to view individual goals and expectations
- understand employment supports holistically, within the context of the lifestyle of
the person with disability.10
- develop skills around supported decision making to ensure the choices made by DES
users are well informed and made by the individual.
A culture of supported decision making would improve expectations of the individual’s
working life, so that it is not just about having a job, but having a career path, developing
new skills and experiences.
People who are currently working in an ADE should be able to access DES without having to
compromise their supported employment position until such time as they are either ready to
leave or they have found alternative employment through DES. As discussed above,
stronger pathways must exist, providing clear and accessible opportunities for ADE
employees to transition from segregated workplaces to inclusive open employment.
Strengthening pathways to employment
To maximise employment opportunities for all people with disabilities, advocates asserted
that the DES program should:
- invest in educating employers and marketing the reasons why employers should
engage people with disability.
- emphasise training and education (and civic participation) as a path to employment.
- allow consultants to be more proactive in seeking employment opportunities by
being out and about in the community, and not tied to an office looking through the
internet.
10
…so that decisions about paid work do not impact negatively on the person's access to other supports, for
instance.
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DES should further develop their relationships with employer groups in their geographical
areas across a range of businesses and industries and use evidence-based job search
strategies that have been proven effective in the US and Canada. Employment supports
should not be restricted to people who are presently unemployed:
DES should provide services to people with disabilities who are currently employed and want
new work. People with disabilities want careers too and they don't want to be stuck in the
same job forever. This will help them to transition into new work before reaching crisis point,
when they feel the need to quit without first securing a new job, resulting in long-term
unemployment.
Evaluating outcomes and encouraging good practice
As explored above, the current payment structure rewards DES based on those tangible 13
week and 26 week employment outcomes. However, these narrowly understood outcomes
poorly reflect the quality of work by the DES consultants, and fail to measure the true
success of the outcome achieved. One respondent suggested that outcomes should be
based on growth of a person within their role of the job, not on how many people stay in
jobs. While many of the suggestions for improving DES emphasised fewer restrictions, some
advocates argued for greater accountability and transparency in how services spend funds,
to ensure activities are focused on achieving employment, and each DES can prove that they
actually do something to help get jobs.
Ensuring access to advocacy
Respondents suggested that, subject to resourcing shortages, independent advocates and
advocacy organisations could play a greater role in the employment services context. As
discussed above, DES users should be aware of the standards they can expect from services
and better informed of their right to make choices and complaints. This client group often
struggles to communicate their needs and preferences and to feel heard and respected by
consultants, and would benefit from having an advocate present at appointments.
Opportunities for advocates to take part in such contexts may be limited by resistance to
the involvement of an independent advocate or by the significantly constrained capacity of
advocacy agencies. Low levels of funding often require organisations to prioritise demand
from clients in urgent situations - for instance, people at risk of homelessness, unsafe living
environments, abuse or neglect or facing serious legal problems.
Potentially, the independent advocacy sector could strengthen and support the delivery of
disability employment services, by aiding communication, and encouraging human rights
awareness and respectful, person-centred service for the DES user. Independent advocacy
can assist in the early resolution of complaints or disputes.11 Therefore, better
understanding and linking to advocacy services to give people independent support ...needs
to be early on in a process or issue, not just at the end when it is a crisis for the individual.
11
See further: Disability Advocacy Network Australia (2014) DANA Comments on the Productivity Commission’s
Draft Report on Access to Justice. (Submission available on DANA website)
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One respondent reported recommending to clients that they engage with specialist services
or advocates prior to completing employment pathway. Another respondent considered
that greater access to advocates would improve the accountability of DES. Ultimately, this
would likely lead to better person-centred practice and improved outcomes for the
individual.
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