Queensland Government knocked back in bid to roll out NGR trains

THE state’s new problem trains risk being put off the tracks after a final decision rejecting the Government’s application for an exemption from having to meet disability access laws.

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THE state’s new problem trains risk being put off the tracks after a final decision rejecting the Government’s application for an exemption from having to meet disability access laws.

A decision by the Australian Human Rights Commission has been released today, denying the Queensland Government’s request for an exemption on the basis the new trains were urgently needed for the Commonwealth Games next month and to replace existing trains that had hit retirement age.

But the commission said the Government’s argument was not “sufficiently persuasive to suspend the rights of people who might experience discrimination” on the New Generation Rollingstock trains, eight of which have already been put on the tracks.

It has rejected the exemption request, paving the way for the disability sector to seek a court injunction to put the trains off the tracks until they are fixed.

Transport Minister Mark Bailey has assured Games ticketholders trains will continue on a 24/7 timetable during the Games, in spite of the failed request for an exemption.

He said the decision handed down today did not prohibit NGR trans from operating, but instead opened up the avenue for complaints and legal action to be taken on the matter.

“The Palaszczuk Government deeply regrets the errors made during the procurement process in 2012-14 which resulted in the purchase of non-compliant trains,” he said.

“Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned.”

However legal action may yet derail the trains.

Disability advocate Geoff Trappett has flagged potential court action.

“The finalisation of the decision puts any person who is looking to make a complaint or who has already made a complaint in a much stronger legal position to force an injunction,” he said.

Problems with the trains include aisles to narrow for people in a wheelchair and non-compliant toilets.

The timing could not be worse, coming just days before the Games’ opening ceremony.

The commission, in its final decision, repeats its criticism of the Government for botching the design.

“Despite being procured in 2013, the New Generation Rollingstock trains do not comply with sections of the Transport Standards. In passing the DDA and making the Transport Standards, the government sought to reverse a history of exclusion from areas of public life for people with disability,” it states.

Queensland Rail’s New Generation Rollingstock trains

“It created a comprehensive regimen intended to ensure the accessibility of public transport for people with disability,” it continues.

“The commission considers that exemptions to this law and national standards should not be granted lightly. Given the significant legal consequences for potential complainants, the commission must be satisfied that a temporary exemption is appropriate and reasonable, and evidence is needed to justify an exemption.

“While the commission acknowledges that the Queensland Government has agreed to allocate funds to bring the trains into substantial compliance with the Transport Standards within three years, the commission is not convinced that this commitment is sufficiently persuasive to suspend the rights of people who might experience discrimination on the NGR trains during this time to make a complaint under the (Disability Discrimination Act).”

In its last-ditch bid to convince the commission to grant the exemption, the Government this month argued its preliminary decision had several errors including incorrectly exercising discretion, considering irrelevant material, failing to consider relevant material and relying on information that had no factual basis.

In arguing that the commission had applied the incorrect test, the government highlighted that legislation only set out that discrimination against disabled people should be eliminated “as far as possible”.

“As the interests of people and groups living in society sometimes conflict and must be balanced, human rights are not absolute and may need to be limited,” the Government said.

It added that limiting human rights was “reasonable and justified in a free and democratic society if the final outcome was “legitimate and of sufficient importance”.

Brisbane architect Wendy Lovelace, who uses a wheelchair, has made a complaint to the commission about the inaccessible trains.

She says she will now look into legal action.

“That is on the agenda as in what I will be getting advice on,” she said.

The State would need to go to the Administrative Appeals Tribunal to try and overturn the decision.

Rail Back on Track spokesman Robert Dow said the commission’s decision further strengthened his group’s calls for a commission of inquiry into the bungled $4.4 billion New Generation Rollingstock project.

“We are grateful the (commission) has stood against the spurious and somewhat disingenuous argument from the (State Government),” he said.