Commission of Inquiry New Generation Rollingstock Trains

[ozbob]

https://twitter.com/railbotforum/status/1071956109743677440

[ozbob]

 

Couriermail --> Queensland Rail: Transport bosses knew about disability breaches

TRAIN builder Bombardier warned Transport department project managers overseeing the delivery of a new passenger train fleet that their design breached disability access rules back in 2012.

But the then Liberal National Party State Government signed off on the design under a $4.4 billion contract in December 2013 and added clauses to the contract to the effect it knew of the issues, according to evidence provided by Bombardier to a Commission of Inquiry into the project.

Bombardier has told the inquiry it made clear there were issues under the Disability Discrimination Act with rolling out the six-car trains with just one toilet on board.

As previously revealed by The Courier-Mail, the decision left one of the NGR carriages with designated seating without a toilet, and the pathway to the adjoining carriage with a toilet was too narrow for people in wheelchairs.

Queensland Rail was aware of the noncompliance issue in April 2012, but the design was put to Government under former LNP-appointed transport director-general Michael Caltabiano.

QR has refused to comment on its role in the project.

Its submission is confidential.

Mr Caltabiano did not return calls from The Courier-Mail.

A spokeswoman for Bombardier told The Courier-Mail today that throughout the tender process and prior to the contract being signed, Bombardier consulted with the Government and made it clear the proposed design would not be compliant, specifically with access pathways and toilets.

"This advice was incorporated into the final contract," she said.

"Bombardier built the trains in accordance with the specifications outlined in that contract.

"We believed that the final designs approved by the state reflected all of these considerations.

"However, we accept the state's decision to revise the design to further improve accessibility and we look forward to getting underway with this important work as soon as possible."

The Palaszczuk Government announced in September 2017 that it would rectify the trains by stripping toilets out of 40 trains and fitting two toilets in 35 trains on long-distance routes.

It then made an election commitment promising the rectification work would be subcontracted to a separate company, Downer EDI, at Maryborough during the 2017 election campaign.

The announcement by Premier Annastacia Palaszczuk came amid a union local jobs campaign in Maryborough and helped its MP Bruce Saunders fend off a challenge in the marginal seat.

However, the Government has since been considering a new plan to put two toilets on all 75 NGR trains and is expected to sign off on the final solution after Cabinet today.

It will also release the Commission of Inquiry findings by retired judge Michael Forde.

Mr Forde told The Courier-Mail that the inquiry found no evidence that knowledge of the disability access issues went beyond middle management to politicians and director-generals.

He revealed the probe found the project management was frustrated by multiple transfers between government departments and agencies, along with changes in Government leadership.

Former LNP Transport Minister Scott Emerson's submission to the inquiry was made public today.

"To the best of my recollection, an evaluation panel including representatives of Projects Queensland, TMR and Queensland Rail was established as part of the procurement," he says in the submission.

"There was also a technical panel which again included representatives of TMR and QR."

"These expert panels were established to ensure NGR trains met all current technical, functional and legislative requirements.

"I do not recall possible noncompliance with relevant disability legislation and regulations being flagged or discussed by the evaluation panel, Projects Queensland head Dave Stewart or TMR Director-General Neil Scales with me or the then government."

[ozbob]

https://twitter.com/fel_caldwell/status/1071956917382082561

[ozbob]

https://twitter.com/RMorrison9/status/1071956805486428166

[ozbob]

https://twitter.com/7NewsBrisbane/status/1071959774688796672

[ozbob]

Rectification - still sketchy but first next year and then 8 at a time.

Expect full fleet completed by 2024.

There will be more later.

[ozbob]

https://twitter.com/RMorrison9/status/1071967532926390272

[red dragin]

So how they would have been built in the first place 

[ozbob]

http://statements.qld.gov.au/Statement/2018/12/10/making-our-new-trains-accessible-for-everyone

JOINT STATEMENT
Premier and Minister for Trade
The Honourable Annastacia Palaszczuk

Minister for Transport and Main Roads
The Honourable Mark Bailey

Monday, December 10, 2018

Making Our New Trains Accessible for Everyone

Queensland will have one of the most inclusive modern train fleets in Australia with accessible toilets on every NGR train and double the priority seating for people with disabilities.

The enhanced rectification plan announced today includes a second toilet on all 75 NGR six car sets, increasing the size of toilet modules by 10% and new functional improvements for people with disabilities.

The $335.7 million fix follows the Forde Inquiry into how Queensland's New Generation Rollingstock was designed and ordered.

"I am pleased the Inquiry has provided a thorough examination of this process and we are getting on with the job of fixing what went wrong," the Premier said.

The Inquiry was critical of the previous lack of consultation with and adherence to the rights of people with disabilities.

The Premier said making the trains right was agreed to after long and careful consultation with the disability sector.

A special project working group was established with members from the TMR and Qld Rail accessibility reference groups.

They worked in partnership with engineers from TMR, Bombardier and Downer to ensure the rectification designs were not only compliant with legislation, but as functional as possible.

"This will also create jobs for Queenslanders with the work carried out in Maryborough," the Premier said.

Following extensive consultation with disability advocates on design options, including a trial run by Griffith University, the government will be extending the footprint of the existing toilet module and making sure there are two larger toilet modules on all 75 new trains.

The NGR modifications will include:

    installing larger toilet modules (10 per cent larger than the previous design) in the middle carriages across the entire fleet to allow passengers who use mobility devices to access the toilet from both accessible carriages
    doubling the number of priority seating from 24 to 48 seats per six car train
    revised seating layouts that make access easier for passengers using a mobility device, and further functionality improvements to internal fittings and carriage features

The cost is within the existing NGR budget.

All rectification work will be done at Downer EDI in Maryborough and is estimated to support 100 jobs.

Member for Maryborough Bruce Saunders said the government's insistence Downer be part of the solution is welcome.

"Maryborough has a long and proud tradition of building Queensland's trains," he said.

"As long as I'm here I am going to make sure it continues."

Transport Minister Mark Bailey said work was due to start on the first train modification next year before all the trains were progressively upgraded by early 2024.

"I asked my Department to have extensive engagement with the disability sector to finalise the modification design.

"I appreciated the opportunity to meet with members of the working group to discuss these issues and hear their input directly," he said.

"The first train to be upgraded to meet all operational and functional requirements is expected to go back into customer service in 2020.

"Subsequent trains will be upgraded quickly with up to eight trains undergoing modifications at a time.

"The revised cost is based on all the design, build and compliance work in doubling the toilets and priority seating and other changes to all 75 trains.

"I would like to thank the NGR Accessibility Project Working Group and our Accessibility Reference Groups (ARG) for their ongoing advocacy and tireless work in making sure we get these upgrades correct.

"The Project Working Group members have generously given their time and expertise to ensure we have developed a new train design that is compliant with improved functionality and will also provide an inclusive and equitable service to passengers with a disability."

Project Working Group member John Mayo, from Spinal Life Australia, said the disability advocates had worked tirelessly in making sure they get these functional outcomes correct.

"Our objective is to advocate for the best access possible for every customer. When a solution meets the needs of customers with disabilities, the solution maximizes the benefits for all other customers," Mr Mayo said.

"We will continue to work closely with the NGR team throughout the design and construction phases to provide an accessible, inclusive customer experience."

There are currently 37 of the 75 new six-carriage trains running across the network on the Gold Coast, Airport, Doomben, Northgate, Redcliffe Peninsula, Springfield, Ipswich and Caboolture lines.

The new trains have allowed QR to add 46,000 seats a week on 193 Queensland Rail services.

For more details on the NGR accessibility upgrades go to www.tmr.qld.gov.au/ngr

ENDS

[ozbob]

https://twitter.com/RMorrison9/status/1071970136284815366

[ozbob]

24 recommendations of the Inquiry

[Stillwater]

From the Qld Govt media statement:


"The cost is within the existing NGR budget."

Can we see the figures that back this up, please.

The final Commission of Inquiry recommendation is a doosie, and gives an inkling into what the confidential QR submission might have contained:

"The Commission recommends that a comprehensive cultural assessment be undertaken, and action plans developed, to foster a collaborative working arrangement between Queensland Rail and the Department of Transport and Main Roads."

Read with a critical eye, there would appear to be a deficient working arrangement between QR and TMR.    

[ozbob]

Brisbanetimes --> State government's new trains were flawed from 'day one'

The design of the Queensland government's trains were flawed from "day one", with middle management blamed for being afraid to share bad news up the chain.

Retired District Court judge Michael Forde has released the findings from his inquiry into the procurement of the New Generation Rollingstock trains and their failure to comply with disability laws.

The trains have disability access issues, including the toilets and pathways being too small for wheelchairs.

Ordered from Bombardier under the previous LNP government, the first NGR trains were due to be operational in mid-2016, but after the discovery of significant issues, including problems with braking, airconditioning, sight lines for drivers and disability access, delivery was halted in March 2017.

The inquiry made 24 recommendations, all of which were accepted by the Queensland government.

Mr Forde said the design of the trains was flawed from "day one" but there seemed to be an attitude of "we'll fix it down, later on, as an appendage".

"The nut of the problem is, in the first instance, failing to have genuine consultation with disability groups," he said.

"Upon that failure, at the stages of the contractual negotiations, was to allow non-compliant terms, that is, terms that did not comply with the disability legislation, to be part of the contractual arrangement between the state and the supplier — thinking, of course, that it might be fixed down the track."

Mr Forde said people working in middle to lower management did not escalate problems and "were perhaps afraid of giving bad news at different stages".

He also said the procurement of the trains took four years longer than it should have, after starting in 2008, with the first train delivered in 2017.

Mr Forde said the issues with disability compliance were known as early as 2013, when the contract was signed.

Mr Forde said Bombardier built the trains to the specifications that were agreed upon.

It comes after Labor ran an attack ad ahead of the state election campaign blaming issues with the New Generation Rollingstock on the Newman LNP government's decision to have them built in India by Bombardier.

Asked if that ad campaign was fair, given Bombardier built the trains according to its contract, Transport Minister Mark Bailey said it was no secret the Labor government did not support the decision by the Newman LNP government to send the work overseas.

Previously, the LNP has pointed to the former Bligh Labor government approving the business case for the NGR and shortlisting Bombardier and AdvanceRail, with Downer EDI withdrawing in early 2011 under Labor.

Mr Bailey said the work to fix the toilets, which was yet to begin, would be done in Maryborough by Downer EDI.

The issues with the 75 NGR trains were expected to be fixed by early 2024, with the works to cost $335 million.

More to come...

[ozbob]

https://www.couriermail.com.au/news/queensland/queensland-rail-transport-bosses-knew-about-disability-breaches/news-story/28755339a2b704c61ae9968d35a08b31

Update:

THE final bill to make Queensland's new generation rollingstock disability compliant will come in at almost $336 million.

Premier Annastacia Palasczcuk today said Cabinet had accepted in full the recommendations of the Forde NGR inquiry, confirming every train would be upgraded to be disability compliant.

The $335.7 million repair bill will be handed to Maryborough-based firm Downer to complete.

The project blow out is more than double what was initially estimated by the government in late 2017.

It comes as train builder Bombardier warned Transport department project managers overseeing the delivery of a new passenger train fleet that their design breached disability access rules back in 2012.

[QRtrains]

Is anyone aware of when the final report will be published online?

[ozbob]

The Final Report > https://www.traininquiryngr.qld.gov.au/assets/custom/docs/coi-final-report-2018.pdf  PDF 3 MB

Government Response > https://www.traininquiryngr.qld.gov.au/assets/custom/docs/government-response-to-final-report.pdf PDF 129 KB

[QRtrains]

Cheers!

[Stillwater]

The government of the day signed off on the contract in full knowledge that the new trains would not comply with relevant legislation and while ignoring specific advice from Bombardier that the designs would not meet the standards of disability legislation.  A deliberate act of bastardry.

Justice Forde said:

"The procurement process requested non-compliant trains and the contract was awarded on the basis of non-compliant designs. The subsequent design process did not effectively manage or resolve the non-compliances."

Among the key issues identified: ... "the absence of early, genuine consultation with the disability sector."

Very worryingly, this matter was not picked up sufficiently early by the QR Capital Investment Assessment Process or the Queensland Projects Assurance Framework.

[ozbob]

The government of the day signed off on the contract in full knowledge that the new trains would not comply with relevant legislation and while ignoring specific advice from Bombardier that the designs would not meet the standards of disability legislation.  A deliberate act of bastardry.

They thought an exemption would be easy basically.  What an utter shambles and contravention of any real committment to passengers, all.

https://twitter.com/railbotforum/status/1071985442172465152

[ozbob]

Good job Annie!   

[ozbob]

The Australian --> Queensland bureaucrats knew trains violated disability laws: report

Bureaucrats were warned the state's scandal-plagued New Generation Rollingstock trains violated disability access laws before the $4.4 billion contract was signed, according to a scathing report which blamed the fiasco on mid-level public servants under successive Labor and Liberal National governments.

Announcing a $335.7 million "fix" that will see the 75 passenger trains delivered five years late, Premier Annastacia Palaszczuk and Transport Minister Mark Bailey said the government was now undertaking the consultations with disability groups that it should have when the project was launched in 2008.

Labor has previously blamed the lead contractor, Bombardier, for the trains' toilets and narrow corridors breaching federal disability discrimination laws. However the report found the Canadian firm delivered the trains to the specifications provided by bureaucrats.

The Australian understands legal advice to government had estimated the public's additional liability to Bombardier, which heads the Qtectic NGR consortium, at around $250 million.

Releasing the report, Commissioner Michael Forde said mid-level bureaucrats failed to sound the alarm about the issue, partly because they feared disappointing senior public servants and ministers responsible for overseeing the program.

Although they knew about the trains' defects when the contract was signed under Campbell Newman's LNP government, they appeared to assume that they could somehow fix the trains after they were delivered.

The bureaucrats also demonstrated an incomplete understanding of disability access laws, missing opportunities to rectify the legal issues earlier in the process.

Under the $335.7m fix, all 75 of the NGR six-carriage trains will be fitted with two toilets and the stalls will be 10 per cent larger than previously imagined. They will also have "new functional improvements" to satisfy Queenslanders with disabilities.

"Today I am not going to play the blame game," Ms Palaszczuk, who was transport minister in Anna Bligh's government, said in Brisbane. "What happened with past governments is in the past."

Although the 75 trains were originally intended to be operational by next month, Transport Minister Mark Bailey said they would not be on the rails until early 2024.

Ms Palaszczuk said she accepted all of Mr Forde's 24 recommendations, including an overhaul of how disability is considered during government procurement processes, and a "comprehensive cultural assessment" to rebuild trust between Queensland Rail and the Department of Transport and Main Roads.

Ms Palaszczuk was unapologetic about Labor's previous attempts to blame Bombardier's Indian factory for the trains' woes — a claim refuted by the report.

She insisted she was right to insist the rectification work be performed in Maryborough rather than at a purpose-built NGR maintenance facility near Ipswich.

Maryborough Labor MP Bruce Saunders would not countenance the suggestion that the trains could be more efficiently upgraded elsewhere.

[red dragin]

The projected cost will be $336 million.

Government projects almost always blow out, and the potential is there for more issues to be created. Remember the planning step involved TMR and QR who need an enquiry to be told to get along.

[ozbob]

https://twitter.com/SteveAustinABC/status/1072000223831040000

https://twitter.com/SteveAustinABC/status/1071998034584645632

[Stillwater]

In other words, a Transport bureaucracy contemptuous of the travelling public.  That is what we have got.  What will its head, Neil Scales, do?

We should thank the Commissioner, Mr Justice Forde, for his work and for completing a competent report in the timeframe allocated.

[ozbob]

In other words, a Transport bureaucracy contemptuous of the travelling public.  That is what we have got.  What will its head, Neil Scales, do?

It took years of constant effort to get the Inquiry outcome.  No wonder they resisted, it is a FUKING BASKET CASE !

We have always suspected that was the case.  They don't reply to my requests unless I prod and prod them.  Still waiting on responses from the DDG TransLink re methodology behind the Monthly Performance Snapshots, and Queensland Rail for updates on Central Station upgrade and the ETCS L2 project.

It is a very flawed culture.  It needs a complete root and branch reform. Public Transport Queensland time ..

Mr Scales should resign IMHO.

[ozbob]

ABC News --> New Queensland train delivery doomed 'from day one', inquiry chief declares

A multi-billion-dollar contract to build new trains for Queensland was flawed from the start, leaving all 75 new trains not complying with disability access laws, an inquiry has found.

Retired District Court judge Michael Forde conducted the inquiry into the procurement of the 75 trains, and their failure to comply.

Mr Forde found the initial design, signed off by the Newman Government in 2013, broke the law, but was still approved for construction.

The $4.4 billion New Generation Rollingstock (NGR) project was manufactured India by a consortium led by the company, Bombardier.

But the NGR trains failed disability access tests, including having space for wheelchairs to move into the aisle.

Mr Forde found the delivery of the trains was doomed "from day one" and problems were known "when the contract was signed".

He found an "evolution of failures right throughout" the process, which began under the Bligh government and continued under the Newman government.

The project began in 2008, but the first train was not delivered until 2017.

"This procurement took four years longer than it should have," Mr Forde told a media conference, standing beside Premier Annastacia Palaszczuk.

"It was the subject of change, not only as to who led the procurement, but also there were changes of government and also changes of the model from a traditional procurement to the public private partnership."

Mr Forde said the nub of the problem was a failure to properly consult with disability groups at the start of the process, which led to the correct disability access requirements being left out of the contract.

"There would have been people at middle to lower management who didn't escalate the problems, and perhaps were just afraid of giving bad news at different stages," he said.

    "People with a disability have a right to use our public transport system and should not be at a disadvantage."

The State Government will spend $335.7 million to install a second toilet on all of the trains, and increase the size of existing toilets by 10 per cent.

The work will be carried out by Downer EDI in Maryborough.

Transport Minister Mark Bailey said rectification work would not begin until late next year, with the first of the revamped trains to be put into service in early 2020.

It will take until 2024 for all of the new trains to be disability compliant, under the Human Rights Act.

The report made 24 recommendations, which had all been accepted by the Government.

[SurfRail]

The next job is to absolutely HAMMER them about station upgrades.  God only knows just how compliant some of them actually are.

And it is hardly limited to the rail network.  We are still buying buses with steps in the side door.  WHY?

[ozbob]

^ interesting you should mention the station situation.  I mentioned the deplorable state of DDA compliance with the railway stations when interviewed before by 7 News.  I doubt it will make the cut though. 

Here is the presser -->  https://www.pscp.tv/w/1BdGYObqWgDxX

https://twitter.com/7NewsBrisbane/status/1072019141794525184

[ozbob]

https://twitter.com/9NewsQueensland/status/1072010435795144705

[ozbob]

The Commissioner Justice Forde is being interviewed on ABC Radio Brisbane at present with Steve Austin.

To be followed by the Transport Minister Mr Bailey.

Geoff Trappett OAM is being interviewed at 6.15pm or thereabouts

Recording ...

[ozbob]

Interviews ABC Brisbane Drive with Steve Austin 10th December 2018

1.  Commissioner NGR Inquiry Judge Michael Forde

2.  Transport Minister Mr Mark Bailey

Here > https://backontrack.org/docs/abcbris/abcbris_mf_mb10dec18.mp3  MP3 35.8MB

https://twitter.com/railbotforum/status/1072035823699148800

[STB]

Unfortunately this sort of abelist attitude by bureaucrats can be found in Government in a lot of places.  My day job deals with advocacy and policy and I've been dealing with the NDIS for the past 18 months slowly consulting on policy for them, which unfortunately they keep screwing up and making ableist decisions despite disabled people pointing out flaws in the policy, yet they keep it in or incorrectly write what hey were consulted on.  Including refusing to train the staff and management properly.

IMHO need more disabled people working in Government and have a dedicated Disabilities Minister to oversee the public service and all the nuts and bolts that goes with what disabled people interact with (which is pretty much everything the Government is required to provide).

[ozbob]

Interview on ABC Radio Brisbane Drive with Steve Austin and Geoff Trappett OAM Inclusion Moves

Response to the release of the findings of the COI NGR trains.

Here --> https://backontrack.org/docs/abcbris/abcbris_gt10dec18.mp3  MP3 8.2MB

https://twitter.com/railbotforum/status/1072046709583179778

[ozbob]

https://twitter.com/7NewsBrisbane/status/1072048026842148864

[ozbob]

https://twitter.com/9NewsQueensland/status/1072041235785768960

[#Metro]

So, managers didn't escalate issues to the minister. Wait a minute... haven't we heard this before?

Remember that in the QR timetable crisis, issues there were also not escalated to the minister as well?

How is this possible?

[ozbob]

https://twitter.com/InclusionMoves/status/1072046562530848768

[achiruel]

QR and DTMR both clearly have toxic cultures. Scales for a start has to go. He oversaw an awful lot of problems both within the Department and at TransLink and did essentially nothing to fix them. Not to mention his issues at Merseyside.

Time to bring in someone who isn't completely incompetent. Strong recommend getting someone from outside the DTMR/QR/TransLink schmozzle. Go headhunting at WA Vic or TfV/PTV.

Mid-level executives who failed to bring information to the attention of the D-G/Minister should be held to account as well. Terminated most likely, because they clearly can't do their jobs properly.

[STB]

So, managers didn't escalate issues to the minister. Wait a minute... haven't we heard this before?

Remember that in the QR timetable crisis, issues there were also not escalated to the minister as well?

How is this possible?

Unfortunately it happens.  I've been consulting on government policy for a while now (Federal level), and I've had to blow the whistle on failures in that consulting and the responses by bureaucrats (low to middle level management again), and it really shouldn't be my job to do that, but if I don't then those failures will feed through and affect a lot of people.

When I was working for the transport industry, most decisions did not involve the transport minister I found, it usually only went as far as as steering committee which gave the yay or nay.  Only a few decisions I know of where the transport minister personally or their office got involved with and vetoed the decision.

The report really does not surprise me one bit for someone who has worked within and around government my entire working life.

[Stillwater]

Remember, this is not just about fixing trains.  It is also about fixing culture and administrative structure within government.  What causes middle-management operatives to fail to bring a crucial issue to the attention of the higher-ups?  Did they fear retribution if they did so?  What is to be said of an Executive Group that says 'don't bring us bad news'?  What other bad news is floating around like ticking timebombs?