Dyson Ruth: Disabled Persons Employment Promotion (Repeal and Related Matters) Bill — First Reading 
Dyson Ruth: Disabled Persons Employment Promotion (Repeal and Related Matters) Bill — First Reading 
[Volume:617;Page:13369] 
Hon RUTH DYSON (Minister for Disability Issues) 
: 
 I move  
That the Disabled Persons Employment Promotion (Repeal and Related Matters) Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be referred to the Social Services Committee. The Disabled Persons Employment Promotion (Repeal and Related Matters) Bill repeals the Disabled Persons Employment Promotion Act and is consistent with the 
 New Zealand Disability Strategy 
 and with the findings of the 2001 vocational services review as outlined in  
Pathways to Inclusion: Improving Vocational Services for People with Disabilities 
. By repealing the Act the bill ensures that people with disabilities have the same employment conditions rights and entitlements as other New Zealanders including minimum-wage provisions and access to statutory holidays. The bill also amends the Minimum Wage Act of 1983 to make the system for considering minimum wage exemption permits—formerly known as under-rate workers permits—more clearly focused and transparent. 
The  
New Zealand Disability Strategy 
 aims to achieve a fully inclusive society where people with disabilities have the same opportunities as other New Zealanders to participate in training and employment and to receive fair remuneration. The current Disabled Persons Employment Promotion Act provides different employment conditions rights and entitlements for people with disabilities who work in sheltered workshops regardless of their individual circumstances. The Act is not compliant with domestic and international human rights legislation. It confuses employment and other relationships that exist between the provider employer and the service-user employee and it embodies outdated concepts about the ability potential and rights of disabled people. 
Employment opportunities in segregated or partially segregated settings will continue under the new legislation. The bill will however result in wages being paid according to the work people do rather than according to the place where they work. It provides for the phasing out of exemptions for current legally approved providers over a transition period that began in 2001 and will expire on 1 July 2007. This transition period allows the sector sufficient time to sustainably move to the new employment relationships. Providers are already receiving direct assistance from the Government to move on to the new employment arrangements. They will continue to receive direct and ongoing assistance to develop their businesses to support employment with specialist advisers and resources providing information and other professional support. 
Our Government recognises the diverse needs and aspirations of disabled people and the need to encourage a range of employment options to meet those needs and aspirations. This bill is part of a new approach to employment opportunity with organisations currently operating under the Disabled Persons Employment Promotion Act. The new policy approach is being implemented through both operational mechanisms through contracting and by legislative change through this bill. 
It includes the following elements: providers may offer support for community participation for training or a mix of all three with employment but must meet employment standards for any employment relationship that exists. It has a revised minimum wage exemption permit system and it ensures that other employment legislation is complied with. The bill affects providers who have an employment relationship with individuals who are employed in sheltered workshops. Providers who offer only training or support community participation are not affected by this legislation. 
Whether individual relationships and segregated employment exist will continue to be identified over the transition period. The bill also retains the existing eligibility criteria for invalids benefit for people who are working in sheltered workshops. This provision is needed to ensure the financial security of many of the employees who receive part of their income from wages and part from the benefit. 
The benefits of repealing the Act are as follows. People with disabilities employed in sheltered workshops will be entitled to the same employment conditions rights and entitlements as all other New Zealanders including minimum wages and entitlement to statutory holiday provisions. We will have legislation that is compliant with the Human Rights Act of 1993 and the New Zealand Bill of Rights Act 1990. The repeal of existing legislation is consistent with international conventions particularly ILO Convention 111 Concerning Discrimination in Respect of Employment and Occupation of 1958 which was ratified by New Zealand in 1983 and there will be significant action towards achieving objective 4 of the  
New Zealand Disability Strategy 
. Most important there will be transparency consistency and fairness in the application of wage and holiday legislation for all New Zealand workers. 
This bill has been the subject of many reviews over the last decade and I am personally delighted that we have finally reached this stage of being able to introduce legislation which I now commend to the House.