Executive Summary
In 2015, the Attorney-General asked the Age and Disability Discrimination Commissioner, on behalf of the Australian Human Rights Commission, to undertake the Willing to Work: National Inquiry into Employment Discrimination Against Older Australians and Australians with disability .

The Terms of Reference for the Inquiry required the Commission to examine practices, attitudes and Commonwealth laws that deny or diminish equal participation in employment and make recommendations to address employment discrimination against older Australians and Australians with disability.

The right to work, free from discrimination on any basis, is a fundamental human right. Too many older Australians and Australians with disability are denied this right and as a result are prevented from enjoying the independence, dignity and sense of purpose that work brings.

Australia has committed to prohibiting discrimination and protecting the right to work under international human rights law. This includes binding human rights obligations under the United Nations Convention on the Rights of Persons with Disabilities , which sets out the rights of people with disability generally, including in respect of employment. The domestic legal framework in Australia includes the Age Discrimination Act , Disability Discrimination Act and Fair Work Act which prohibit employment discrimination on the basis of age or disability.

In conducting this Inquiry the Commission consulted widely. 120 public consultations were held around Australia, including in all state and territory capital cities and some regional locations. Through this consultation process the Inquiry met with over 1,100 people, including older Australians, Australians with disability, carers, advocates, community organisations, employers, businesses, trade unions, peak bodies and academics. The Inquiry also received 342 submissions.

In addition to the information presented to the Inquiry through consultations and submissions the Inquiry Report presents:

• Complaints and enquiries data from state and territory anti-discrimination and equal opportunity agencies, as well as the Australian Human Rights Commission (Appendices 7 & 10)
• Data from the 2015 Australian Bureau of Statistics Survey of Disability, Ageing and Carers: First Results (Appendix 2)
• Data from the National prevalence survey of age discrimination in the workplace (2015) as well as from follow up qualitative research
• Data from Commonwealth, state and territory public service workforces (Appendix 8). The Inquiry gained a deep understanding of the nature, prevalence and impact of employment discrimination against older Australians and Australians with disability and has based its findings and recommendations on the multiple sources of evidence it received.