This woman could force major changes to Queensland's controversial NGR trains

A Brisbane architect who uses a wheelchair will on Monday receive legal advice on a Federal Court injunction that could halt Queensland’s new $4.4 billion fleet of trains because they do not meet international disabled access standards.

If the Federal Court grants the injunction, the Queensland government would be forced to remove the New Generation Rollingstock trains from service because they do not meet those standards.

The New Generation Rollingstock trains have come under criticism.

Only a fortnight ago the Australian Human Rights Commission refused an application from the Queensland government to receive an exemption so it could run the trains.

There are now nine NGR trains in Queensland of the 75 ordered five years ago and eight of them are to be used in next month’s Commonwealth Games on the Gold Coast.

Sinnamon Park’s Wendy Lovelace, an architect who advises on improving access for people living with disabilities, meets with her legal adviser on Monday and said she was “resolutely moving towards” a Federal Court injunction.

Ms Lovelace had already lodged a complaint with the Australian Human Rights Commission alleging Queensland Rail was discriminating against her – and others living with disabilities – by running the trains that did not meet those disability-access standards.

Architect Wendy Lovelace would meet with her legal team on Monday to decide whether to proceed with an injunction.

Ms Lovelace’s biggest concern was having the train officer responsible for helping people living with a disability at the rear of the train, not the centre of the train.

“That is a great concern for those of us with disabilities because it means they are 70 metres away,” Ms Lovelace said.

In two incidents people living with disabilities had problems opening train doors and could not leave trains, she said.

“In one situation there were staff trying to kick the doors open on an NGR train at a particular station,” she said.

People with disabilities have also repeatedly questioned the space inside the toilets.

Transport and Main Roads on Monday morning promised they would consult with people living with disabilities as they prepared the rectification plans, requested as part of the Human Rights Commission initial report.

"This preliminary decision is open for submissions until 16 March 2018. The government will review the details of the preliminary decision and make a submission accordingly," a spokesman for Minister Mark Bailey said.

"We are working with the accessibility sector to rectify the New Generation Rollingstock trains which we inherited," he said.

"We are committed to retrofitting these trains with Queensland workers, to ensure they are accessible and compliant for all Queenslanders.

"There is no question that the design signed off under the former LNP Government is completely unacceptable.

"We have funded these works, and will consult fully with the disability sector on the specifications to ensure we get it right."

Queensland Rail has replied in writing to Ms Lovelace’s complaint and she would meet with her legal team on Monday to decide whether to proceed with an injunction.

Ms Lovelace said she was bitterly disappointed that despite several years of advice – since 2013 – no progress had been made to rectify the concerns of people living with disabilities.

“Queensland Rail has put non-compliant trains on the track in flagrant disregard for the process,” she said.

Ms Lovelace said she was “in the process of responding to their response.”

“That’s why I’m getting the legal advice. It’s a big step. It puts me in great deal of vulnerability should I lose and they award costs against me. Paying for everybody’s court costs could be a large amount of money.”

However, Ms Lovelace said she felt bolstered by the Australian Human Rights Commission's decision to reject the Queensland government’s request for an exemption.

“The one thing that has given me courage is the fact that the Human Rights Commission did not grant the exemption that the Queensland government had applied for,” she said.

“That has really bolstered the feeling that those of us within the sector who have been following this closely have been saying all along.

“And that is, this contract should have been much better considered in the very first place.”

The rectifications could cost up to $150 million and will come from a rail contingency fund.

Disability advocate Geoff Trappett, from the group Inclusion Moves, said disability groups were well aware of Ms Lovelace's actions and the Human Rights Commission's preliminary report.

“The Queensland government now has a two-week period to lodge a submission commenting on the reasons of the preliminary decision,” he said.

He said the reasons why the Australian Human Rights Commission said “no” to the exemption included the length of time successive governments had known of the problem.

“So it is not the case where if they find a way of lodging a rectification plan, the decision will all of a sudden change,” Mr Trappett said.

“The fact that there isn’t a clear rectification plan was one reason, one reason only while they were not of a mind to grant an exemption.”