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Employers and recruiters unintentionally inflict a ‘glass ceiling’ on disabled Australians, largely due to a lack of infrastructure and consideration, and new figures show that disabled people are half as likely to be employed compared to the population in general.

John Walsh, author of a new report, “Disability Expectations: Investing in a better life, a stronger Australia”, said that as a disabled person himself, he has been lucky to have very supportive employers, but that support isn’t always there for others.

Walsh said employers frequently have questions over “’How do we employ someone like this’, ‘how are the other work mates going to deal with it’, ‘what happens if they get an injury - are they covered by workers compensation?’,” and he commented “all of these questions suggest a need for employers to be encouraging in how they even get to square one.”

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Federal Social Justice Commissioner Tom Calma, has released a new report which calls for the 'skilling up' of existing services that work with Indigenous young people with cognitive or mental health issues, in an effort to halt their slide into the juvenile justice system. The report is from the Human Rights and Equal Opportunity Commission (HREOC).

Releasing the report, Preventing crime and promoting rights for Indigenous young people with cognitive disabilities and mental health issues, Commissioner Calma outlined the disturbing fact that Indigenous young people in juvenile justice were at least four times more likely to have an intellectual disability than the general population.

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Australian Aboriginal Flag With Map

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FOI Cover Up By Immigration Department

November 22nd 2008 06:06
A tribunal has found the Immigration Department was wrong in refusing to release 282 documents, concerning Dr Mohamed Haneef. Only one document, about the Immigration Minister's actions, was exempt, as it might be "misinterpreted by the public".

The findings are by the Administrative Appeals Tribunal (AAT) under the Freedom of Information Act (FOI). The documents were from various government departments, and concerned the cancellation of the passport of Dr Haneef, a Gold Coast physician. Dr Haneef was wrongly accused of terrorism related offences, and his detention was the longest without charge in recent Australian history.

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Mahommed Haneef

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Perth midwife Tracey Robinson and her husband, Paul, have won a six-year battle against the Immigration Department to stay in Australia with their Down syndrome son. Immigration Minister Chris Evans has foreshadowed reform of the visa process for families with disabled children after using his discretion this week to grant the Robinsons permanent residency.

Senator Evans conceded that health requirements, which reduce the chances of families with disabled children being allowed to stay because of potential costs to the taxpayer, were "a bit inflexible".

Senator Chris Evans Australian Immigration Minister
Senator Chris Evans, Australian Immigration Minister


"I don't think it gives the department enough discretion, and I have actually argued for more discretion for the department and less ministerial intervention more generally," he said.

"I will have something to say on the broader treatment of these matters some time in the short future."

The Robinsons' son, David, was eight in 2001 when Ms Robinson was granted a 457 work visa that enabled the family to move to Perth from Southport in England.

Mr Robinson is a painter and found work quickly.

Ms Robinson became emotional as she told The Weekend Australian that when she and her family decided they wanted to make their home in Perth, it became a long and stressful challenge to obtain permanent residency.

The department refused visas on the basis that David would be a burden on the Australian health system.

"It's been six years of having a feeling of not belonging," she said. "You have to be a strong family to go through that completely unscathed."

The Robinsons' good news comes after child health expert and former Australian of the Year Fiona Stanley revealed that she had advocated in the visa application process for the parents of several Down syndrome children.

This week, she told how she helped obtain permanency in Australia for petroleum engineer Mike Buchanan, his wife, Yvonne, and their Down syndrome daughter Sarah, 14, from Scotland.

The issue made national headlines this month when German doctor Bernhard Moeller told how he had been denied permanent residency in Australia because his son Lukas has Down syndrome.

Professor Stanley says the existing rules for parents such as Dr Moeller are discriminatory and shameful.

Down syndrome children were usually healthy, made a valuable contribution to Australian society and did not burden the health system, she said.

Acting pro-bono for the Robinson family, Freehills lawyers took their fight to the Federal Court and appealed twice for ministerial intervention.

The second appeal was successful, and Senator Evans overturned the department's ruling.

Freehills partner Steven Penglis said Senator Evans should be commended for assessing the Robinsons' case on its merits.

But there remained serious problems with the application process, he said.

Mr Penglis urged a review of the rules.

"The minister got it right, the department got it wrong," he said. "While it's a pleasing outcome for the Robinsons, the problem is that the department's approach still continues to be one that, until fixed, will continue to discriminate against families such as Tracey's."

Mr Penglis said applications for permanent residency by families with Down syndrome children were effectively always refused, because the medical officers assessing such requests assumed the children would be a significant cost to Australian taxpayers.
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