Section Three – Disability Access and Inclusion Plan requirements This section covers: 1. Disability Action and Inclusion Plans 2. Supporting legislation 3. Six outcome areas 4. Agents and contractors 5. Reporting requirements 6. Resources The accompanying resource for this section is a PowerPoint, which could be used as part of a workshop / presentation. 1. Disability Action and Inclusion Plans Disability Access and Inclusion Plans (DAIPs) build on the implementation of Disability Services Plans which have been a requirement for State and Local Government authorities since 1996. Public authorities are required under the Disability Services Act 1993 (amended 2004) (the Act) to develop and implement a DAIP. DAIPs outline how public authorities will make their services, buildings and information accessible for people with disabilities. With the predicted increase in the number of people with disabilities it is essential that planning for disability access and inclusion be undertaken to make public services accessible for all members of the community. A DAIP should be part of the overall strategic planning process of an authority. Many public authorities currently develop their corporate, strategic or business plans around an analysis of the needs of their customers. People with disabilities are a subset of a broader customer base and DAIPs assist authorities to meet their specific needs as part of customer service. To comply with the Act, a public authority is required to: undertake public consultation, as specified in the regulations, when preparing, reviewing or amending its plan; lodge a finalised DAIP with the Disability Services Commission (the Commission) by 31 July 2007; lodge amended plans or new plans with the Commission; take all practicable measures to ensure that the plan is implemented by the authority, its officers, employees, and relevant agents and contractors; report to the Commission each year about: – progress made by the authority in achieving the outcomes; – progress made by any agents and contractors of the authority in achieving the outcomes; – the strategies used by the authority to inform its agents and contractors about its plan; report in its annual report about the implementation of its plan; and review its plan at least every five years. 2. Supporting legislation The following legislation enshrines and supports DAIPs and recognises the rights of people with disabilities in our community. Disability Services Act (1993) Amended 1999 and 2004 WA Equal Opportunity Act (1984) Amended 1988 Commonwealth Disability Discrimination Act (1992) Each of these is covered in full in section two of this training package. 3. Six outcomes areas When developing a DAIP, public authorities must aim to achieve the six outcomes. The outcome areas provide a framework for translating the principles and objectives of the Act into tangible and achievable results. Schedule 3 of the Disability Services Regulations, 2004 states the six outcomes of a DAIP are: 1. People with disabilities have the same opportunities as other people to access the services of, and any events organised by, a public authority. 2. People with disabilities have the same opportunities as other people to access the buildings and other facilities of a public authority. 3. People with disabilities receive information from a public authority in a format that will enable them to access the information as readily as other people are able to access it. 4. People with disabilities receive the same level and quality of service from the staff of a public authority as other people receive from the staff of that public authority. 5. People with disabilities have the same opportunities as other people to make complaints to a public authority. 6. People with disabilities have the same opportunities as other people to participate in any public consultation by a public authority. Some public authorities have included further outcome areas. For example, some authorities have developed an outcome related to access to employment opportunities for people with disabilities. 4. Agents and Contractors The Act requires DAIPs to be implemented by agents and contractors as well as the staff of a public authority. Where agents and contractors provide services to the public on behalf of the contracting public authority, these services are to be conducted consistent with the DAIP of the contracting public authority. Activities undertaken by the agent or contractor must be done so in an accessible manner. Contractors will undertake their service consistent with DAIP outcomes relevant to their service. Undertaking activities consistent with the contracting public authority’s DAIP applies at the broadest level, that is, the focus is upon broadly supporting the DAIP’s six outcomes. It does not necessarily mean that agents and contractors will be involved in implementing every strategy outlined in the public authority’s DAIP or developing their own DAIP. Public authorities are to: promote their DAIP to contractors; and report annually on DAIP implementation, including progress by contractors. Examples of activities provided by agents and contractors that should be accessible include: information for the public (newsletters, websites, advertisements); sporting and recreation programs; and events, such as information and consultation sessions and festivals. Contracted services in which the public authority itself is the recipient of the services (for example rewired telephone lines, waste removal) are not relevant to the DAIP. With the amendments to the Act, the State Solicitor’s Office has developed the following clause as a special condition to be inserted into relevant contracts to facilitate the provision of accessible services under the Act. The special condition is mandatory for State Government strongly recommended for use by Local Government. Special Condition Disability Access and Inclusion Plan [Note: This clause should only be used if the Customer is required to have a Disability Access and Inclusion Plan under the Disability Services Act 1993.] i. Disability Access and Inclusion Plan If the Contract involves the supply of Services to the public, then the successful Respondent will: (i) to the extent practicable, implement the Customer’s “Disability Access and Inclusion Plan” prepared under the Disability Services Act 1993; and (ii) provide a report to the Customer by [ ] in each year of the Contract Term reporting on the extent to which the successful Respondent has implemented the Customer’s Disability Access And Inclusion Plan. The clause: • applies only to new contracts or contract variations / renewals; • applies to services provided to the public; and • does not apply to services provided directly to the public authority (eg. cleaners, rewiring of telephones except where that service directly intersects with the public). 5. Reporting requirements There are two reporting requirements for public authorities undertaken each year: DAIP Progress Reporting to the Commission; and summarising DAIP outcome achievements in their annual report. The Commission must provide a report each year to the Minister for Disability Services about DAIP progress across Western Australia. The Minister then tables this report in Parliament. The Commission collates the data from the DAIP Progress Reports (provided by public authorities) which will form the basis of a statewide report. Public authorities must provide a Progress Report to the Commission by 31 July each year. Public authorities are also required to provide a brief summary of achievements of the six outcome areas in their annual report. State Government authorities need to follow the Western Australian public sector annual reporting framework. 6. Resources A Guide to Disability Access and Inclusion Plans Local Government Resources Disability Access and Inclusion Plans - Resource Manual for Local Government DAIP Requirements for Elected Local Government members - brochure Local Government Contract Managers Local Government Contractors State Government resources Disability Access and Inclusion Plans - Resource Manual for State Government State Government Contract Managers State Government Contractors