An Interview With Dr Ben Gauntlett

Doctor Ben Gauntlett commenced his term as Disability Discrimination Commissioner on 7 May 2019.

To celebrate International Day of People with Disabilities 2021 on 3 December, we interviewed Dr Gauntlett about his career as a lawyer and his journey to his tenure at the Australian Human Rights Commission.

How did you become interested in law and in particular human rights and disability discrimination?

I fell into Law. When I left school, I first started studying Medicine but changed in second year. I became concerned I would not be able to be the type of doctor I wanted to become so I changed into Law. The use of technology was quite different then and teaching at university was also quite rigid. Law had a far more flexible time commitment.

I think my move into human rights and disability discrimination law is related to a wish to have a job that is meaningful. I had a spinal cord injury when I was 16 playing rugby union, which means I’m a wheelchair user. You do see and experience things that make you appreciate the importance of human rights.

What motived you to achieve so much in your career so far?

I think career success is different for everyone. I suspect I studied at university and engaged with campus life because it gave me an outlet to meet people and be part of a group. A scholarship enabled me to study overseas. I have lived in quite a few different places and worked in different roles. I think I’m curious as to what is required in certain roles. However, I do think you have to be open to moving roles as you try and find a job that suits you and your stage of life.

As AHRC Disability Discrimination Commissioner, you have an overarching responsibility for increasing access to meaningful employment and housing for people with disability, creating greater awareness of disability rights and disability discrimination, and strengthening legal and policy frameworks to protect disability rights. What do you think are the hardest challenges of your role?

The hardest challenges are where you cannot make the impacts you want too. For instance, you need a law to be changed and cannot persuade people why it should be done. The clearest recent instance of this is State Governments in Australia declining to adopt the recent amendments to the National Construction Code to make basic accessibility considerations in new houses and apartments mandatory (with limited exceptions). Well-designed housing keeps people in jobs, out of hospital and aged care homes and reduces overall care costs and needs. People living in institutions, like aged care homes, are also far more likely to experience violence and abuse. We know this from both the Royal Commission into Aged Care Quality and Safety and the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

The revised areas of accessibility in the National Construction Code are inexpensive and have been used extensively in social housing. For example, a slightly wider door or one step free entrance to a property. To renovate to create accessibility has been estimated by industry bodies to be 22 times more expensive than to design the house or apartment to include accessibility considerations up front.

Another significant challenge is where there are serious instances of violence, abuse, neglect or exploitation of people with disability. The role as the AHRC Disability Discrimination Commissioner is a policy role and you do not have investigative or enforcement powers. This can be frustrating, especially where particularly egregious conduct may have taken place.

How can the legal profession lead the change on inclusion and boost employment for people with disability?

The legal profession should lead by example. This means there should be clear policies on how to recruit, retain and advance people with disability with profession wide data kept. Over 80% of disability is invisible so there needs to be clear education and training on disability awareness too.

What would you like to achieve during your tenure?

The Convention on the Rights of Persons with Disabilities (CRPD) was signed by Australia in 2007 and ratified in 2008. Australia gets reviewed under the CRPD by the Committee on the Rights of Persons with Disabilities (Committee) periodically and its last review was in 2019. A number of recommendations were made by the Committee in areas such as employment, housing, the justice system and health care. I would like to try and ensure as many of those recommendations are followed as possible. In particular, I think we need to do better in employing people with disability and ensuring all new houses and apartments are accessible.

Since you began practise, what change in the law/legal profession has been the most positive?

Technology has changed how people communicate and resolve matters. This is mostly beneficial. However, it can mean people are excluded if they cannot use or access the technology.

There are also a lot more law students now relative to the number of jobs. This can make it challenging for people to build their careers. I think an emphasis on mental health, diversity in the profession and respectful interactions has though been good for junior lawyers.

Is there anything you would like to change about the legal profession?

Change might be too strong a word. However, I do think it is important everyone realises it is a profession and to do some pro bono work or to work with a community organisation is helpful. Some people who are not in the legal profession have very challenging life circumstances and we need to ensure all people in Australia are treated with dignity and respect.

How has the pandemic altered human rights/disability discrimination discourse in Australia?

The pandemic exacerbates disadvantage. Access to vaccines, healthcare and disability related support has been a significant issue for people with disability. Some of the public health measures have also been particularly challenging for people with disability. For example, the wearing of masks and need to use QR Codes.

The pandemic has not altered human rights or disability discrimination law but has created more issues of concern for people with disability.

What are some of your favourite books?

Long Walk to Freedom by Nelson Mandela is my favourite book. I sadly have far too many Law related books. I found reading all day at work has meant I did not read as much for pleasure. I still prefer a hard copy book but am adapting to using a kindle.