Queensland Rail >
https://infrastructure.gov.au/transport/disabilities/review/files/2012_submissions/No_61_Queensland_Rail.pdfWhat QR was saying:
“By mandating how compliance with the objects of DDA is to be achieved in public transport, the Transport Standards impose massive infrastructure costs on transport Operators/Providers. From the perspective of providing outcomes for people with disabilities, the method and approach mandated by the legislation raises a number of questions.”
“Under the Transport Standards' target dates, premature upgrades or replacement of trains outside a train's natural service life are required and in Queensland Rail's case, at significant cost to public funds.”
“Each operator faces a unique set of challenges in applying the Transport Standards to their infrastructure and conveyances. One such challenge for Queensland Rail is the narrowness of its rail gauge which determines the width of its trains. There is no practical mechanism to take these issues into account and provide certainty to a rail Operator/Provider. Exemptions under the Transport Standards are intended to be temporary only and a defence of unjustifiable hardship can only be tested by a costly court process.”
“The lack of guidance and clarity for determining and measuring compliance prevent an Operator/Provider from effectively managing obligations under the Transport Standards.”
“Australian Standards and the Disability (Access to Premises - Buildings) Standards The Australian Standards underpinning many of the Transport Standards requirements were not written specifically for transport or rail environments. However, their detailed and precise requirements often require legal interpretation as well as adaptation to the particular rail environment and leave the Operator/Provider uncertain as to their actual compliance.”
“Unjustifiable Hardship Compliance with the Transport Standards is not required to the extent that compliance would cause "unjustifiable hardship" to the transport Operator/Provider. While this defence mechanism was provided for exceptional cases and sets out a number of factors to be taken into consideration, no operator/provider is able to decide with any certainty that a defence of "unjustifiable hardship" would succeed in the event of a discrimination complaint. This uncertainty may have unintended consequences for people with disabilities. An Operator/Provider may decide to close down or reduce a service rather than risk a successful discrimination complaint.”
“Exemptions Under the DDA, Operators and Providers may apply to the Australian Human Right Commission for an exemption against certain elements of the Transport Standards. Granted exemptions offer temporary protection from a discrimination complaint for a period of up to 5 years with the intent that the element will be bought into compliance during this period. However, an issue arises when the element cannot be brought into compliance. As a temporary protection, the only option available under the legislation is to submit a subsequent exemption on the same matter. Whilst the Transport Standards offer the provision for unjustifiable hardship, there needs to be a greater degree of certainty associated with this process.”
“Queensland railways have been constructed using narrow gauge (1067mm) track built in the early part of last century. Narrow gauge track imposes limitations to train carriage width and presents engineering constraints limiting the ability to design a carriage that meets the needs of all users, including people with disabilities. For example, if a toilet facility and an access aisle are required to be adjacent to each other, construction to the dimensions specified in the Transport Standards is physically impossible. Accessibility in this instance can only be achieved through consultation and agreement. Challenges presented by Queensland Rail's narrow track gauge will continue to impact accessibility on trains as widening track gauge requires relaying the entire network’s track.”
“Compliance with the Transport Standards imposes significant financial obligations upon public transport Operators/Providers. For a widely-dispersed, infrastructure heavy business such as a Queensland Rail, compliance with the Transport Standards requires an investment of billions of dollars. Compressed into an investment timeframe of 20 years, there are a number of practical and financial complications presented by the Transport Standards.”
The State of Queensland knew in 2012 precisely what its obligations were under DDA, yet ignored them ... for cost reasons.
