Federal Court action on Oxford Street cycleway after failed Human Rights Commission complaint

Fresh legal action has been lodged regarding the controversial Oxford St cycleway project over allegations it discriminates against elderly pedestrians, with claims they face greater risk of being hit by cyclists.

Critics of the controversial Oxford St cycleway have launched a fresh legal bid against the $70m project, alleging it unlawfully discriminates against the elderly and people living with disabilities.

A filing was lodged in the Federal Court late last month against City of Sydney Council and Transport for NSW, claiming the jointly funded project breached both the Disability Discrimination Act 1992 and the Age Discrimination Act 2004.

At the crux of the issue, are the five “island” bus stops proposed along Oxford St, which would require elderly and less mobile pedestrians to cross a two-way cycleway.

According to court papers, the alleged discrimination relates “to the high degree of risk” posed by the elderly and “less mobile people”, who are more vulnerable to the dangers of passing cyclists when compared to younger, more mobile people.

Championing the cause are lead applicants Michael Waterhouse and Kathryn Greiner AO who last year, along with six others, lodged a complaint to the human rights commission on the same grounds.

Kathryn Greiner and Michael Waterhouse on the Today Show amid their complaint to the Human Rights Commission Picture: Today

The “urgent” complaint asked for development to be halted and for the project to be modified to ensure “equal and safe access” to bus transport on Oxford St for people with disabilities.

However, the complaint was tossed out when neither party was able to agree on a resolution.

Concept images for the Oxford St west cycleway under development. Picture: Supplied / City of Sydney

Applicants were then granted 60 days to lodge a filing in the Federal Court.

Now, the renewed action is seeking to change the proposed route to along Flinders St in Darlinghurst and Moore Park Road in Paddington, and introduce risk mitigation measures for the bus stops.

The safety measures proposed include speed humps, accessible pedestrian signals, eye level traffic lights specifically for cyclists, cameras to record cyclists failing to stop for pedestrians at crossings, “and the number of accidents and near misses”.

Lead applicant Michael Waterhouse, 80, who has a background in public policy including having worked as a senior adviser at the Commonwealth Treasury, said the filing was not opposing cycleways but about protecting vulnerable people.

Business owners protesting against the cycleway last month.

“We know that there is a need to improve cyclist safety, we don’t have a problem with that, but the improvement of cyclist safety should not come at the expense of the safety of older and disabled people,” Mr Waterhouse said.

He said the ultimate goal was to set a new benchmark for accessible bus stop design Australia wide.

“A real driver for me personally, is that if the Federal Court rules in our favour whatever they decide, we hope and expect will become the basis for standards of the design for these bus stops across Australia,” he said.

Mr Waterhouse referred to similar bus stops in London, which have been a source of anguish for pedestrians due to the speed of cyclists and their inability to stop in time.

A City of Sydney spokesman said they were unable to comment further other than to say the proceedings had commenced.

A Transport for NSW spokesperson did not comment on the court proceedings but stated the project had been developed with consideration to the Disability Standards for Accessible Public Transport requirements.

“Transport has been consulting businesses and community on a proposed separated cycleway on Oxford Street between Taylor Square and Centennial Park, including with the Accessible Transport Advisory Committee,” the spokesperson said

“No decisions have yet been made by the NSW Government.”

The filing marks the latest in community opposition towards the 1.7 km cycleway, which will see the major arterial road of Oxford St lose two lanes of traffic to accommodate cyclists.