Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability: Joint Submission - Employment 

Introduction  

This is a joint submission by the arts and disability peak bodies in the States and Territories and the national arts and disability peak body.  Collectively, we represent a broad  membership to advance equality for Australians with disability as artists, arts workers and  arts leaders, including creating pathways to employment, professional practice and  leadership. Details of each of the organisations making this submission are set out in  Annexure ‘A’. 

We welcome the opportunity to provide the Royal Commission with information and to  contribute to the important discussion on how the Royal Commission should look at  employment as it relates to artists and arts workers with disability, including key issues and  examples of good practice. 

The majority of our combined national representation includes artists with disability who are  forging a professional career in the arts or making art through creative community  connections. We value all types of participation in the arts and we are committed to  promoting the value of the arts for people with disability for employment, enterprise, social  inclusion, cultural identity, health and wellbeing outcomes.  

We are also committed to breaking down the barriers to participation in the arts, and  removing inequity, improving financial and artistic independence and removing the significant disadvantages that people with disability face in the arts in Australia. The Making  Art Work report1 released by the Australia Council for the Arts reveals that artists with  disability are less likely to find a professional career in the arts than artists without disability.   Further, when they do find employment they can expect to earn 42% less than the income of  other artists.   In summary, artists with disability are under-represented, earn less than their  counterparts without disability, experience unemployment at higher rates, and are more  likely to identify a lack of access to funding as a barrier to their professional development. 

Artists with disability are calling for ‘real money’ and ‘real jobs’.  Above all must be a priority for investment to resolve wage disparity and opportunities for people with disability working in the arts.                                                  

This submission and our recommended priorities have been informed by listening to the collective voice of artists with disability and the organisations that support them from across  Australia. 

Artists and arts workers with disability find it hard to get work  

Nearly 60% of all arts and cultural organisations do not currently employ (or do not know if  they employ) a person with disability.2 

Artists with disability are more likely to be unemployed than artists without disability (about  one-third versus one-quarter), and to spend longer in unemployment.3 

For almost one in five artists with a disability, being disabled has been the most important  factor inhibiting their professional development, both throughout their career and at the  present time.  When they do find employment, artists and arts workers with disability can  expect to earn 42% less than the income of their peers without disability. 4 

In May 2020, Arts Access Australia surveyed its members, identifying the key challenges  facing the arts and/or disability sector moving forward as follows:  

• maintaining paid employment (79% of respondents);  
• funding for artists with disability (80%); and  
• maintaining visibility for artists with disability in cultural spaces (78%). 

That survey also revealed that COVID-19 has severely impacted artists and arts workers with  disability, with almost 60% of survey respondents suffering an average loss of income of  $3,331 per month, with approximately 35% of respondents losing income from live  performance, 26% from exhibitions, 27% from sale of artworks, and 34% from development  of artwork. 47% of those who have lost income do not receive JobSeeker as they are  ineligible or receive another form of income support (DSP, age pension), and so have also  not benefitted from the (temporary) uplift in that form of Government support.    

Comments from respondents included: 

“I can’t afford anything and the Government leaving the DSP recipients off  the supplement fortnightly payment has signalled to the rest of Australia  that we don’t matter. “  

“I’m finding basic costs of living too hard so my engagement as audience  has dwindled to almost nil over the past five years. I think many artists who  are on low incomes may not recover. “ 

“Many creative programs and community access have had to close their  doors in result to COVID 19 with limited financial support which has caused  heightened anxiety and uncertain future.” 

There is little support to improve employment for artists and arts  workers with disability.  

Less than 40% of arts and cultural organisations have a current Disability Action Plan in  place.5 

People with disability experience workplace discrimination that is widespread, ongoing and  systemic.  At least 50% of artists with disability are self-employed or freelance, yet there are  limited protections for discrimination for people with disability who do not have a fixed  employer.5   

Mechanisms exist for people with disability and families to challenge services on human  rights grounds, but people do not know about them and do not have capacity to use them  without assistance. For example, the Standards under the Disability Discrimination Act are  legally binding, but enforcement relies on individual complaints about non-compliance.6   Disability discrimination at work is the most frequent type of disability related complaint to  the Australian Human Rights Commission.7 

Barriers to funding also exist.  

9% of artists identify as having a disability, yet: 

• There were 4.3 million Australians with disability in 2015, or 18% of the population9 • Only 4% of artists and personnel who were involved in projects that received funding  from the Department of Communications and the Arts (as it was then known) via the Smartygrants system (which has been in place since 2015) identified as having disability.

• Only 7% of applications to Australia Council for the Art’s core grants programs  (Individuals) identified as having disability.

For artists and arts workers with disability to lead change, they must occupy positions of  influence, on Boards, advisory groups and peer assessment panels.   There are currently not  enough peer assessors with disability on national funding grant assessment panels, which  has the capacity to significantly adversely affect the attitude to and assessment of funding  applications made by artists and arts worker with disability, and the level of success in  obtaining grant funding.   

We commend, and support, the Australia Council National Arts and Disability Awards, which  celebrate the work and achievements of established and emerging artists, and the significant  contribution of artists with disability to the vibrancy of Australian arts. The inaugural  presentation of these awards occurred in 2019, as part of a three-year strategic funding  commitment by the Australia Council announced in 2018. Two awards are presented  annually – The National Arts and Disability Award (Established Artist) $50,000 and The  National Arts and Disability Award (Emerging Artist) $20,000.12 

The Council’s research highlights the importance of profiling, celebrating and acknowledging  the “achievements of trailblazers and leading lights at all stages of career development”.  It  is critical that the recognition of these awards continues, with the continued funding beyond  2022.  Moreover, it is critical to ensure that this recognition is supported by effective,  properly funded programs to improve wage equality and equity of opportunities in  employment for all artists and arts workers with disability, at every stage of career and  professional practice development. 

Strengthen the public policy framework to plan for and deliver  better outcomes  

The Productivity Commission found, in its 2018 review13 of the National Disability  Agreement, that: 

• The current National Disability Agreement (NDA) no longer serves its purpose, has a  weak influence on policy, and its performance targets show no progress in improving  the wellbeing of people with disability.  A new agreement is needed to promote  cooperation, enhance accountability and clarify roles and responsibilities of  governments. 
• Improving the wellbeing of people with disability and allies across the nation requires  a collaborative response from all levels of government, extending well beyond the  NDIS to many other service systems, and to address key gaps in several areas — including in relation to raising labour force participation rates for people with  disability. 
• The purpose of a new NDA is to provide an overarching agreement for disability  policy, to clarify roles and responsibilities, to promote cooperation and to enhance  accountability. The new NDA should: 
  • set out the aspirational objective for disability policy in Australia — people with  disability and their carers have an enhanced quality of life and participate as valued  members of the community — and acknowledge and reflect the rights committed to  by Australia under the United Nations Convention on the Rights of Persons with  Disabilities 
  • outline the roles and responsibilities of governments in progressing that objective;  the outcomes being sought for people with disability; and a nationally consistent  performance reporting framework for tracking progress against those outcomes. 

There has been no Government response to this study as yet, other than to acknowledge  that the “Australian Government will continue to work with all governments, people with  disability and the disability sector to consider the findings and recommendations of the  Report” and that findings from the review “are highly relevant for informing the design of a  new National Disability Strategy for beyond 2020”.14 

We have called on the NDIA to make employment and economic participation for artists  with disability a priority, to understand the journey from participation to emerging and  professional practice, and to understand the quality programs required to support creative  engagement, quality artistic outcomes, and professional employment outcomes for artists  with disability.  We also advocate for better intergovernmental collaboration and including  artists and leaders with disability in the change as imperative to successful social reform. 

The Productivity Commission identified several service areas in the NDIS where there are  widespread concerns about gaps and where responsibilities are unclear, including  community access and inclusion programs that support people with disability to participate  in the arts through the NDIS.  In addition, governments should clarify services to be provided  outside the NDIS. 

In its 2017 study on NDIS Costs, the Commission recommended that before the NDIS is fully  implemented, all governments should make public their approach to providing continuity of  support (to clients of disability programs who are not eligible for the NDIS), and the services they intend to provide to people with disability beyond those provided . A similar  recommendation was made in early 2018 by the Joint Standing Committee on the NDIS. 

With the exception of the Australian Government, governments have published little  information about how they intend to ensure continuity of support, including precisely what  disability services they will provide. To progress, and to provide certainty for people with  disability, the Commission recommended that governments immediately articulate exactly  what services they will provide (and how) to people with disability, particularly for services  outside the NDIS, where the weight of concern about service gaps lies. 

Maintaining momentum for a renewed National Arts and Disability  Strategy  

Whilst, according to public statements, all “Governments remain committed to a new NDS  (which is critical in the development and implementation of a new NADS and believe it is  essential that Australians with disability have a real and robust opportunity to have their say  on the Strategy and contribute to its development”, that is by no means certain.   

The current environment, with the focus on economic recovery from the effects of COVID19,  and the Government signalling through various policy settings how devalued is the arts  sector, means that maintaining progress is challenging.  Unlike so many other industries, the  current crisis facing our sector doesn’t have an end date or a three-stage action plan.  There  was national consultation to inform the renewal of NADS in late 2018, and many  stakeholders requested that NADS be more closely aligned with national disability policy  through the NDS. In late 2019, the Meeting of Cultural Ministers agreed to explore  opportunities for closer alignment, and to work with the Department of Social Services (DSS)  to investigate a better alignment of the NADS to the NDS.  This outcome suggested a parallel  second stage consultation process for the NADS and NDS. 

The Australian Government Department of Social Services (DSS) is responsible for leading  the renewal of the NDS, and a second phase of consultation that was planned to take place  earlier this year was postponed due to COVID-19 restrictions. The Minister for Families and  Social Services has now released the National Disability Strategy Position Paper and  announced that Stage 2 consultations have commenced for the new National Disability  Strategy. Submissions close 30 September 2020.15  The process is expected to run until  October (with possible extensions due to the current COVID-19 situation in Victoria). The  position paper does not include any reference to NADS, and does not seek any public input  into any alignment of the NDS and NADS.  This is in the context that the Government has yet  to formally respond the recommendations of the Productivity Commission in relation to a new National Disability Agreement, in circumstances where the commission recommended  that a new National Disability Agreement was needed by “the start of 2020”.

The Office for the Arts is engaging closely with DSS to explore opportunities for aligning a  renewed NADS with a renewed NDS.17 However, following the release of the position paper,  it is now clear that there will not be any consultation on NADS in parallel with the NDS  consultation.  Instead, according to information provided by Arts Queensland18, the Office  for the Arts now believes that the best way to achieve alignment is through a consecutive,  rather than concurrent, consultation and is leading ongoing discussions with DSS.  The Office  believes that this will allow the second stage consultation leading to a revised NADS to build  on the 2018 NADS national consultation and the outcomes of the NDS consultation and its  revised strategy.  The Office for the Arts will then need some time to develop the new NADS  document, incorporating the feedback from the 2018 consultation. 

There is no further information on the likely timing and format of this proposed  consultation, or when stakeholders can expect the NADSD to be renewed, other than the  Office for the Arts envisages that 

“there will be targeted consultation with key sector stakeholders on a  new  NADS  document,  rather  than  an  extensive  national  consultation”.19 

The next stage of consultation on a renewed NADS is therefore dependent on the outcomes  of the current NDS consultation, but that consultation is being undertaken without any  consideration or requests for input on how those outcomes may subsequently affect the  development of an aligned NADS.  The fact that the outcomes will subsequently affect or  influence the NADS is not something that the public is asked to consider when formulating  any response to the position paper.  We are very concerned that, rather than leading to  increased alignment, this accretive and consecutive approach will increase the scope and  effect of inconsistencies, misalignment and gaps in the two strategies.  

Moreover, the public is not generally aware of or engaged in the Strategy. The Social Policy  Research Centre highlighted a lack of knowledge in some government departments and  agencies about the Strategy. The document review also found many references to the low  profile of the Strategy.  Stakeholders generally saw the lack of public and government  awareness of the Strategy as a major impediment to effective implementation. Engaging  businesses, local government, clubs and community groups, unions and services with the  National Disability Strategy, by encouraging them to think about inclusion and implement disability inclusive policies and actions, are crucial, to all aspects of driving real, practical  improvements in the lives of all Australians with disability, including in relation to  employment, income parity and equity in opportunities.20 

Recommendations  

1. Policy framework 

1.1. Implement the recommendations of the Productivity Commission in relation to a  new National Disability Agreement, ensuring that at its heart is effective  mechanisms and a policy framework to improve the wellbeing of people with  disability in relation to raising labour force participation rates and income equality  for people with disability. 

1.2. Renew the National Arts and Disability Strategy, as a matter of priority 1.3. Engage in a public awareness raising campaign for the NDS and the NADS,  promoting inclusion and implementation of disability inclusive policies and  actions, to drive real, practical improvements in the lives of all Australians with  disability, including in relation to employment, income parity and equity in  opportunities. 

2. Measurement  

2.1. Any implemented actions must have measurable targets, monitoring and  evaluation. A strategy without measurement is seen by ‘the sector’ as pointless.   2.2. Access and participation by artists and arts workers with disability must be  planned for, by all organisations.  Specifically, an effective Disability Action Plan must be a condition of all publicly funded (at all levels of government) arts organisations, employment services, programs and projects. These plans must be  monitored and evaluated for progress and to identify opportunities for  improvement. 

2.3. Evaluation must include mixed research methods, both quantitative and  qualitative. Narrative based research methods, such as digital story telling, also  must be considered to promote the voice of artists and arts workers with  disability. 

3. Funding 

3.1. Dedicated funds for access must be included in all budgets. Starting with the  Federal arts budget and carried down through all levels of funding, State,  Territory, local government, organisational and project grants. 

3.2. Access must be itemised via a separate access budget and reporting line, setting  reasonable targets for allocation of funds to access.  

4. Employment outcomes  

4.1. Set employment targets for artists with disability in all State and Territories.   Targets must not only include participation rates, but also focus on removing  

income disparity, issues affecting equitable access to project funding, as well as  developing management and leadership skills and development, to ensure that  artists and arts workers with disability have real agency in connection with and  participation in disability led initiatives to address employment issues.  

4.2. Suggested strategies are access and inclusion positions in all State and Territory to coordinate access programs and initiatives. Priority must be given to recruit  people with disability in these positions. 

4.3. Paid intern positions for artists and arts workers with disability also need to be  considered.  

5. Participation & Professional Practice 

5.1. Dedicated funding grants for emerging and professional artists with disability must  be increased. The focus must be on investing in significant projects that support  artists to develop their unique practice, and modelled on international best  practice, such as the Arts Council of England21. 

5.2. Artists with disability need more opportunities to showcase their work.  Currently,  artists with disability face barriers to accessing mainstream arts networks and  spaces. There must be realistic and achievable targets for presentation of artists  with disability in the programs of all government funded major arts organisations and festivals to encourage them to broaden their networks and actively seek and  commission the work of artists with disability and engage positively with arts  workers with disability. 

6. Arts & the NDIS  

6.1. The shift from block to individualised funding models is having a significant impact  on programs and services that support artists with disability. Although there are  some success stories a number of gaps and challenges have emerged, that must  be addressed by the NADS. 

6.2. The Royal Commission must address how artists and creatives with disability who  are not eligible for the NDIS will be supported to participate in the arts. Of the 1.3  million people with disability in Australia only 0.5 million will be eligible for the  NDIS; and there is a real concern that many people will not be able to access  supported arts programs.  

6.3. The Royal Commission must also include strategies to ensure that people who do  qualify for the NDIS are supported to participate in arts and culture when and with  whom they choose. Stories from the field suggests that many people are  struggling to have art included in their NDIS plans.  

6.4. Most importantly, strategies must ensure that artists are supported to achieve  professional careers, enterprise and employment outcomes in the arts. Currently  art is categorised as therapy or recreation in the NDIS.  

7. Leadership  

7.1. All publicly funded grant or other funding processes must be required to ensure  that any peer assessment of any application by an artist or arts worker with a  disability, or an organisation that represents artists or arts workers with disability  includes a majority of panel assessors with disability.

Annexure ‘A’  

Organisations making this submission:  

• Arts Access Australia – National 
• Access2Arts – South Australia
• Access Arts – Queensland
• Accessible Arts – NSW
• Belconnen Arts Centre – ACT
• DADAA – Western Australia
• Incite Arts – Northern Territory