Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Australia (Ratification: 1990)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Articles 2 and 3 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. The Government refers to Australia’s Disability Strategy 2021–2031, which aims to enhance the inclusion of people with disabilities in society, particularly in vocational rehabilitation and employment. The Strategy aligns with the Convention and the UN Convention on the Rights of Persons with Disabilities. It focuses on improving employment outcomes and financial security for individuals with disabilities through targeted actions and community involvement. The Committee notes that the main policy priorities include increasing employment of people with disabilities, enabling access for children with disability to high-quality early childhood education, improving the transition of young persons with disability from education to employment and strengthening financial independence. The Committee also notes that the unemployment rate of persons with disabilities is 7.5 per cent compared to 3.1 per cent for those without disabilities. In this context, the Government states that increasing employment by 10 per cent of people with disabilities could add 16 billion Australian dollars to the national economy. The Government also refers to the Employment Targeted Action Plan, adopted under Australia’s Disability Strategy 2021–2031, which sets out key actions to ensure people with disabilities have economic security. At the Australian Government level, current targeted actions are focused on: (i) improving the motivation and capability of employers to attract, recruit and retain employees with disabilities; (ii) testing inclusive recruitment pathways and processes to maximize employment opportunities for people with disabilities (RecruitAble pilot); (iii) connecting people with disabilities to work in areas of skills shortage; and (iv) attracting, recruiting and retaining more people with disabilities in the Australian Public Service. The Government also informs about the Supported Employment Plan, which is a collaborative effort among Commonwealth, State, and Territory Disability Ministers, and it aims to enhance employment opportunities for people with disabilities, particularly those with high support needs. The Plan includes practical initiatives to provide diverse employment opportunities, including in Australian Disability Enterprises (ADEs), social enterprises, in open employment or their own business. The Government further refers to the National Return to Work Strategy 2020–2030, which aims to improve outcomes for ill and injured workers, including those with disabilities. This Strategy is a collaborative effort involving various government levels and social partners, and it is overseen by SafeWork Australia, which includes employer and worker representatives.

Moreover, the Committee notes the concern expressed by the Committee on the Rights of Persons with Disabilities in its concluding remarks in October 2019 related to the lack of effective legislative framework to protect persons with disabilities from systemic, intersectional and multiple forms of discrimination, especially at the Commonwealth level, that Aboriginal and Torres Strait Islander persons with disabilities are particularly disadvantaged and are often not consulted on matters that affect them, and that the complaints mechanisms under existing law, especially the Disability Discrimination Act 1992, are inaccessible to persons with disabilities (CRPD/C/AUS/CO/2-3, para. 9). The Committee also notes the release of the Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability in September 2023. It notes that the report addresses inclusive education, employment and housing and contains recommendations to phase out sub-minimum wages in ADEs and to transition towards open and inclusive employment.

The Committee further notes the information provided by several state and territory governments related to policies on vocational rehabilitation and employment of people with disabilities, which complements Australia’s Disability Strategy 2021–2031.

Australian Capital Territory. The Government informs that recent legislative amendments in the Australian Capital Territory (ACT) strengthen protection for people with disabilities and promote equal opportunity. In this context, the Discrimination Amendment Act 2023 introduces a positive duty for reasonable adjustments in employment to accommodate a person’s particular needs across all protected attributes under the legislation. In addition, the Human Rights (Workers Rights) Amendment Act 2020 establishes a ’right to work’ within the ACT’s Human Rights framework, and ​the Workplace Legislation Amendment Act 2022 enhances worker protections in vulnerable situations, particularly for those with disabilities.

New South Wales. The Government refers to the Disability Inclusion Act 2014, which reflects its commitment to making communities more inclusive and accessible for people with disabilities. In addition, the Act regulates specialist disability support and services to people with disabilities and introduces better safeguards for these services until the change over to the National Disability Insurance Scheme (NDIS). The Act was amended in 2022 to require regular reviews of disability inclusion plans by public authorities and to mandate strategies to support employment for people with disabilities.

Northern Territory. The Committee notes that the Northern Territory has enacted several legislative amendments to enhance protections and support for individuals with disabilities. The Return to Work Legislation Amendment Acts (2015, 2020) clarify employer responsibilities for return-to-work plans and introduce benefits that could be paid to enable family counselling in addition to other benefits payable in respect of a worker’s general rehabilitative treatment. The Anti-Discrimination Amendment Act 2022 prohibits discrimination based on disability and establishes positive obligations for accommodation.

Queensland. The Committee notes the information about the Queensland’s Disability Plan 2022–2027, which aims to implement Australia’s Disability Strategy at the state level, focusing on economic security and employment for over 900,000 Queenslanders with disabilities. The Plan aligns with the Strategy’s outcome areas, particularly employment and financial security. It emphasizes increasing employment opportunities and improving transitions from education to employment for young people with disabilities.

South Australia. The Government refers to the South Australia’s Disability Inclusion Act 2018, which provides a legal framework for equal access and inclusion for individuals with disabilities in community activities and services, including recreation, education, health and public transport. The Act mandates the creation of the South Australian Disability Inclusion Plan, which was first implemented in 2019. A review in 2022 led to 50 recommendations, with many incorporated into the Disability Inclusion (Review Recommendations) Amendment Act 2024. In addition, the Government informs about the development of new grants to support employment pathways for diverse communities, including people with disabilities.

Tasmania. The Government informs about Tasmania’s Accessible Island Framework for Action 2018–2021, which aims to ensure equitable access for all people with disabilities to government programmes, services and facilities. The Framework is a whole-of-Government approach that aims to remove barriers and enable people with disabilities to enjoy the same rights and opportunities as all other Tasmanians. These efforts were informed by the Premier’s Disability Advisory Council. The Committee notes that the key achievements include the establishment of a disability employment portal for positions within the Tasmanian State Service and the incorporation of universal design in capital projects.

Victoria. The Government informs about legislative amendments to enhance disability service safeguards and support for workers with disabilities. In this regard, the Disability Service Safeguards Act 2018 was amended in 2023 to streamline disability worker screening processes. In addition, amendments to the Workplace Injury Rehabilitation and Compensation Act reinforce support for workers returning to work after injuries.

Western Australia. The Government informs about the Western Australia’s State Disability Strategy 2020–2030 (the Strategy), which promotes inclusive opportunities for over 411,500 individuals with disabilities. The Strategy includes four pillars: participation, inclusive communities, living well, and rights and equity. The Strategy also outlines the Government’s commitment to Action Plans to be renewed every two years to ensure they remain responsive and reflect the needs of people with disabilities. In this context, the first Action Plan contains 88 commitments with ongoing actions to enhance inclusivity. The Committee notes that the Government has established a 5 million dollars Innovation Fund to support initiatives that assist individuals with disabilities in education and employment. The Government also informs about the establishment of the Office of Disability to promote the rights and interests of people with disabilities. This Office coordinates efforts to implement the Strategy and foster inclusive practices, and it connects experts and amplifies best practices in disability care to create inclusive environments for people with disabilities. The Government further informs about the release of the Workforce Diversification and Inclusion Strategy for the Public Sector Employment 2020–2025 and the Action Plan for People with Disability, which sets out an aspirational target of 5 per cent representation in employment. The Action Plan includes a range of actions to support the employment of people with disability in the public sector, and to foster inclusive public sector workplaces and cultures. Finally, the Committee notes the information about the amendments to the Minimum Conditions of Employment Act, which extended the definition of “employee” to include persons with disabilities in supported employment who are entitled to the minimum conditions set out in the legislation.

The Committee requests the Government to provide detailed information on the specific measures taken or envisaged to implement the recommendations of the Royal Commission concerning employment, particularly regarding the transition of persons with disabilities from segregated employment environments (ADEs) to the open labour market, and measures to ensure equality of treatment regarding remuneration.

Also, in view of the persistence of a significant gap in unemployment rates (7.5 per cent for persons with disabilities versus 3.1 per cent for the general population), the Committee requests the Government to provide an assessment of the impact of Australia’s Disability Strategy 2021–2031 in reducing this gap. Please provide specific data on the number of persons with disabilities who have transitioned from unemployment or sheltered employment (ADEs) into open employment during the reporting period

The Committee also requests the Government to provide updated information on the impact of the measures implemented to promote employment for persons with disabilities in the open labour market. The Government is also requested to provide employment statistics, disaggregated by age, sex and the nature of disability. Recalling the concerns raised regarding the intersectional disadvantage faced by Indigenous persons, the Committee requests the Government to provide statistical data on the participation of Aboriginal and Torres Strait Islander persons with disabilities in vocational rehabilitation programmes and their employment outcomes, disaggregated by age and sex and nature of disability.

Article 5. Consultation with the social partners. The Committee requests the Government to describe the institutional mechanisms established to ensure the effective consultation of representative organizations of and for persons with disabilities in the formulation and implementation of the national policy. Please provide specific examples of how the views of these organizations, as well as those of employers’ and workers’ organizations, were taken into account in the development of the Employment Targeted Action Plan and the response to the Royal Commission’s recommendations.

Parts IV and V of the report form. The Committee requests the Government to provide the text of courts and tribunal decisions relating to the application of the Convention and extracts of reports, studies or surveys on issues covered by the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note with great interest of the Government's first report on the application of the Convention, and of the detailed information supplied, covering the federal and the state jurisdictions, which shows substantial compliance of the legislation and practice with the Convention. Additional information would be appreciated on the following points.

1. As indicated in the Government's report, National Disability Discrimination legislation with the purpose of providing improved opportunities for people with a disability and assisting to break down barriers to their participation in the labour market and other areas of life, was adopted on 15 October 1992. The Committee would be grateful if the Government would supply a copy of this legislation with its next report or indicate any significant amendments made to the Bill already supplied.

2. The Committee also notes from the Government's report under Article 7 of the Convention that a comprehensive evaluation of the Disability Reform Package is planned for 1994-95 and that some preliminary data is being collected currently for that purpose. It would be grateful if the Government would supply information in its future reports on any developments in this field, including statistics, extracts from reports (for example the Ronalds and the Zakharov Reports), etc., as requested by point V of the report form.