For those aspiring to emigrate to Australia, their or their family member’s disability and/or health
conditions may form grounds for the refusal of their visa application, as well as those of their
families. For most visas,53 migrants will be refused entry where their disability would impose a
‘significant cost’ on the Australian community or prejudice access by Australian citizens to health
or community care.54 Disproving that a disability will not impose ‘significant cost’ is a high
threshold to meet, setting standards that people with disability do not or cannot meet. 55
Australia’s restrictive health requirements have been roundly criticised as breaching rights
enshrined in the UNCRPD.56 While these restrictions were designed to prevent the spread of
infectious diseases and minimise pressure on Australia’s health system, these health
requirements make no distinction between ‘disease’ and ‘disability’, meaning that people
suffering from infectious diseases and persons with disabilities are treated in the same way.57
Participants did not explicitly raise issues about the experiences of older persons with a disability
from negatively racialised communities. It has been observed elsewhere that there is limited
research about the experiences of older people from culturally and linguistically diverse
backgrounds with a disability.58 A recent inquiry into support for older Victorians from migrant
and refugee backgrounds led by the Legislative Assembly Legal and Social Issues Committee in
Victoria reiterated this, finding that there is limited research, as well as data collection, on the
experiences of culturally diverse older Victorians, particularly as it relates to disability. 59 The
Commission notes that older persons, particularly First Nations people and migrants and
refugees, are particularly vulnerable to discrimination and can face additional barriers in
accessing services and support. The Commission acknowledges that further development of a
framework must give specific attention to how older age can compound the barriers
experienced by negatively racialised communities. Future findings from the ongoing Royal
Commission into Violence, Abuse, Neglect and Exploitation of People with Disability will inform
this work.
Women
Echoed across consultations and submissions was how race and gender discrimination often
blend, each affecting and amplifying the other to create unique experiences and forms of
discrimination across many social contexts, such as workplaces and the justice system.
The Commission heard how datasets neglect the experiences of First Nations women and
women from migrant, refugee, and faith-based communities that are negatively racialised.
Data collected on key outcomes must be analysed through metrics related to
gender and race; examples include the ethnic pay gap, data on women of
colour and of diverse backgrounds in formal leadership positions (equivalent
to VPS 6 and above), women in the justice system (e.g. arrested and
incarcerated, fines and justice outcomes) and women in politics. — submission
from the Victorian Public Sector Women of Colour Network, NARF project, May
2021 – April 2022
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