Queensland rail fail: Legal threat for NGR trains over disability access

QUEENSLAND Rail has exposed itself to costly legal action by rolling-out new trains that fail to meet disability access laws from next week, according to its own internal advice.

QUEENSLAND Rail has exposed itself to costly legal action by rolling-out new trains that fail to meet disability access laws from next week, according to its own internal legal advice.

QR’s chief executive officer Nick Easy yesterday made the surprise announcement that the heavily-delayed $4.4 billion New Generation Rollingstock trains would start work Monday.

It means the trains will start taking passengers despite breaching disability access laws and ahead of an outcome on a bid by the State Government to win an exemption from the rules.

The State Government and QR applied to the Australian Human Rights Commission for an urgent exemption in September, arguing the trains were desperately needed to meet the surge in demand for rail services during next April’s Commonwealth Games.

Problematic New Generation Rollingstock trains will start work Monday. Picture: Steve Pohlner

Design flaws include inaccessible toilets and aisle widths too narrow for wheelchairs.

But QR has pushed the go button on the trains weeks ahead of the Commission handing down its decision.

It has exposed QR to the risk of court action, according to legal advice obtained in September.

As first revealed by The Courier-Mail last month, the internal advice warned the rail operator and the State Government was at “risk of claims, particularly injunctive proceedings, brought by affected individuals or representative interest groups.”

“This risk will crystallise if non-compliant (trains) are operated in passenger service,” it says.

“There is also an earlier risk of injunctive action to the extent a court accepts QR or the State intends to operate non-compliant (trains) in passenger service (i.e. even if it has no already done so.”

Paralympic gold medallist and disability advocate Geoff Trappett says court action is possible over the bungled trains. Picture: Ric Frearson

Disability advocate Geoff Trappett said the sector would complain to the Commission – the first step in potential court action for an injunction against the trains entering service.

“We are amazed and appalled at the arrogance of QR to be putting into service an NGR train they know is non-compliant,” he said.

“It is shameful that this development has occurred while the Government is in caretaker mode. This is an orchestrated campaign to release the trains during the caretaker period.”

Mr Easy yesterday said QR had “committed to rectifying the trains and will continue to work closely with the Human Rights Commission and the disability sector throughout this process.”