Ruth Dyson: Law change creates better deal for disabled workers

Ruth Dyson

There has been a lot of misinformation about legislation being considered by Parliament to repeal the Disabled Persons Employment Promotions Act, which gives sheltered workshops a blanket exemption from minimum wage and holiday laws.

Currently, everyone within the sheltered workshop is covered by that exemption regardless of any difference in ability or what work they are doing.

The repeal of this legislation is not about closing sheltered workshops or making everyone get the minimum wage regardless of what they are doing. It is about a fair assessment of whether the person in the sheltered workshop is actually working and, if they are, assessing whether that person should be paid the minimum wage.

If they are doing vocational training or hobbies, the change in legislation makes no difference to them.

If they have limitations from performing the full requirements of their job, they can then apply for a minimum wage exemption. They will be individually assessed.

The change is part of a comprehensive programme announced in September 2001 called Pathways to Inclusion, which was part of the recommendations of the New Zealand Disability Strategy. Both the strategy and Pathways were the result of intensive consultation throughout the country with disabled people, their families, their carers and providers of services.

Despite more than a decade of consultation and reviews, the vocational services sector lacked direction, overall objectives and clear priorities. The review looked at: the range and type of vocational services that should be available, the needs those services were aiming to meet, their objectives and how these could be measured.

It also examined the funding responsibilities of the Government and others, the amount required, the management of inter-agency issues and how the distinctive needs of Maori and Pacific people should be addressed.

A comprehensive stocktake of vocational services was undertaken to see what were available, to whom, and where the gaps were. An advisory group of 13 people was set up to help guide the work of officials.

Consultation was undertaken, using a submission process. Relevant material from submissions on the New Zealand Disability Strategy was also considered.

Throughout the consultation, people made it clear that disabled people want the chance to work, to get paid fairly for that work and they want to be supported to do their work. The Government determined two objectives, as a result of this review: increasing the participation of disabled people in employment and increasing the participation of disabled people in their communities.

Repealing the Act was one of the seven specific actions decided at the time and announced in September 2001. It is about providing fairer work opportunities for disabled people and protecting the non-work activities that are so important to many people and their families.

Sheltered workshops have a valuable role, providing vocational and hobby opportunities for people. They will continue to be funded by Government in the same way as they are currently funded. There is no threat to their funding or to their future.

In fact, we have provided significant additional support to ensure that they are well positioned to deliver high-quality services in the future. A special fund was established to offer building alterations, computer systems, governance training and staff training. We now have a much stronger vocational services sector than we have ever had.

We have also significantly increased the funding that goes to providers of supported employment, so that more opportunities are available for young disabled people when they leave school, or older people who are wanting more support to get a job.

Disabled people must be able to contribute to their communities in the ways that they choose, so sheltered workshops as well as open work opportunities must be available. If people are doing real work, they should be able to earn real pay for that work.

The individual exemptions to the minimum wage will continue after 2007 when the blanket exemptions for all workshops are repealed. These individual exemptions are not just a temporary measure during the transition period, contrary to some deliberate misinformation.

For everyone else not in an employment relationship, there should not be any noticeable change in their workshop activities. People will still be able to earn up to $100 a week on top of their Invalids Benefit before abatements to their benefit begin.

It is not unexpected that people are anxious about change. It can be difficult when people are unsure about the future and anxious about how they will cope with changed environments. That is why the transition is so extended and being developed in collaboration with those affected.

Its also important to recognise that this change is not occurring in isolation. Changes to the benefit system remove the worry about being able to access a benefit without a stand-down period. Support for people in regular workplaces has been significantly improved. Many disabled people can and want to work in regular jobs - they just need the right support to do it.

It's the attitudinal barrier that is the hardest hurdle for disabled people to overcome. It cannot be legislated for, so it is important that we approach discussions like the current one around sheltered workshops with facts and with care.

Not repealing the act would take us back 30 years. Disabled people in New Zealand deserve better than that.

* Ruth Dyson is the Minister in charge of Disability Issues.