New Generation Rollingstock

[techblitz]

I would like to thank IM and his associates, colleagues, friends and family for pursing this matter relentlessly. 

We have provided collective support (thanks everyone ) but your effort IM et al has been extraordinary.  Well done to you and all.

Interviews on ABC Radio Brisbane Drive with Steve Austin, this afternoon (2 Mar 18).

First Mr Geoff Trappett OAM. Then Mr Nick Easy CEO QR, then Mr Tim Lander LNP on behalf of the Queensland Opposition.

Here > ABC Radio Brisbane Steve Austin Drive 2 Mar 18

[ozbob]

  thanks TB ..

Meanwhile 

https://twitter.com/Robert_Dow/status/969550901080829952
   

[ozbob]

Days since NGR 701 towed to Wulkuraka

[BrizCommuter]

Article slightly modified  Note - if extra trains are required for CRR (which they will be - there will be a future article on that), that procurement needs to start fairly soon if they will not be based on the NGR.
https://brizcommuter.blogspot.com.au/2018/03/ngr-denied.html

[ozbob]

Couriermail --> Ruling may halt 'non-compliant' new QR trains ahead of Commonwealth Games

QUEENSLAND Rail will forge ahead with new trains that do not meet disability access standards, despite a damning decision by the Human Rights Commission, Transport Minister Mark Bailey says.

Addressing the slap-down the commission gave the State Government today over its New Generation Rollingstock fleet, Mr Bailey said the Government would put in further submissions before the final decision was handed down in the coming weeks.

Mr Bailey was adamant the much-spruiked 24-hour Commonwealth Games transport plan would not change, nor would the trains be pulled off the tracks, despite the commission denying the Government an exemption for the trains.

"This is a preliminary decision; there is still more process to come in terms of a final decision," he said.

"The trains will run for the Commonwealth Games; we have a very strong and robust plan.

"We will be working with the disability sector to work our way through these issues, and let's be frank, this is a mess we inherited."

Neither Queensland Rail nor Mr Bailey, however, would say whether they had put in place contingency transport plans should the final decision be handed down before the Commonwealth Games.

In a scathing preliminary decision by the commission, the Government was told today it would be denied an exemption to the disability access standards.

The decision, when finalised, will open the way for legal action in the courts by the disability sector, which can seek an injunction blocking Queensland Rail from using the trains until they are fixed.

Then transport minister Jackie Trad announced late last year the Government would progressively modify the New Generation Rollingstock trains to compliancy standards, but would enter them into service in the interim.

The Government in September applied for an exemption to the disability access standards until the trains could be modified, arguing they were desperately needed for the Commonwealth Games.

It also argued the units were needed to replace existing trains, which were being pushed beyond their retirement dates, creating potential issues.

But in its preliminary decision today, the commission said it intended to reject the application for an exemption from having to meet disability discrimination rules and public transport accessibility standards.

Design issues include toilets that are too small for people with a disability to use, and the width of aisles blocking wheelchair access to all priority seating.

The commission, in its preliminary decision, questioned how the state could have bungled the project by failing to meet accessibility standards.

"Given that the (Disability Discrimination Act) has prohibited discrimination in public transport since 1993, and the transport standards have required new conveyances to be since 2002, it is difficult to understand why the state of Queensland procured new trains in 2013 and then applied for temporary exemptions to the DDA and the transport standards," it wrote.

It also raised doubts about the Government's plans for $150 million in rectification works.

"The commission recognises that the procurement of the NGR trains is a large and complicated infrastructure project that has spanned successive Queensland governments, and that the trains are needed for the 2018 Commonwealth Games," the commission said.

"While the commission acknowledges 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)."

Disability advocate Geoff Trappett said the sector had first raised issues with the design back in 2015.

He said it had initially been cut out of consultation on the design until a mock-up was finished under the project, at which point the design was already approved.

Mr Trappett said the preliminary view would trigger legal action.

"It has to lead to legal action before an injunction would be bought forward, which is the one thing that could force Queensland Rail to remove the trains from service," he said.

"This certainly is a watershed day for people with a disability in Queensland, to see the Australian Human Rights Commission has put their rights at the forefront and it should be a lesson to all Governments that consultation is key."

Deputy Opposition Leader Tim Mander rebuffed questions about whether his LNP government, which was in power when the NGR contract was signed, was responsible for the debacle.

He said Labor "had been in Government for over three years" and it was "100 per cent Labor's mess".

"This means we have grave concerns now about the transport system for the Commonwealth Games," Mr Mander said.

"We have been talking about this and other problems for some time and now this Government needs to respond.

"It's potential chaos on the transport system for the Commonwealth Games.

"Taking trains off already when there's not enough drivers and not enough trains is potentially chaotic so again the Government needs to respond to this and show some leadership."

The Courier-Mail revealed late last year that QR had obtained legal advice in September warning that rolling out the trains could result in legal action.

Internal advice warned QR 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," the advice warned.

However nine trains will be rolled out regardless of the advice.

[ozbob]

Article slightly modified  Note - if extra trains are required for CRR (which they will be - there will be a future article on that), that procurement needs to start fairly soon if they will not be based on the NGR.
https://brizcommuter.blogspot.com.au/2018/03/ngr-denied.html

https://twitter.com/Robert_Dow/status/969683787524157440

[#Metro]

QUEENSLAND Rail will forge ahead with new trains that do not meet disability access standards, despite a damning decision by the Human Rights Commission, Transport Minister Mark Bailey says.

Why is Queensland Rail forging ahead with executing instructions from the minister when continuing to run such trains is against the spirit of the DDA provisions?

Does it just do whatever the minister says, come what may? Why is that?

If there were a court injunction, would QR still be able to run trains anyway if the minister directed it to?

What would happen then? Would it be fined? - who would pay those fines then - Queensland Treasury?

[achiruel]

Is there anything particular bad about IMU160 that would prevent the design from being reused?

[ozbob]

https://twitter.com/LYBASkw/status/969422359999348736

https://twitter.com/Robert_Dow/status/969701410718679041

[BrizCommuter]

Doubt Mr Scales will be in his position for long after the games. Sacking him just before the games might not be best timing irrespective of how much disaster he has overseen.

[Aircooled]

Commission of Inquiry into New Generation Rollingstock Project

    :
    Who signed off on the design?
    :

I think this is the key question to everything. Do this first and work backwards from there.

Should be discoverable through FOI, right?

[ozbob]

It would seem the documents are within the keep of the former LNP administration.  The Premier asked for them in parliament.  They have not been forthcoming.  Need the power of an inquiry to obtain them by the looks of things.  RTI by media have not successful.  There is a cloak of commercial in confidence ...

[#Metro]

If the documents passed through cabinet I suppose they are locked away for 30 years.
I'm not even sure if the Auditor-General could get at them, but would be interesting to know.

[MichaelJ]

QUEENSLAND Rail will forge ahead with new trains that do not meet disability access standards, despite a damning decision by the Human Rights Commission, Transport Minister Mark Bailey says.

Why is Queensland Rail forging ahead with executing instructions from the minister when continuing to run such trains is against the spirit of the DDA provisions?

Because ... the train already has one fully DDA compliant carriage that can accommodate six wheelchairs.  This carriage features a disability compliant toilet and longitudinal seating for easy access to both ends of the car.

While I absolutely agree with Bob when he says that a second toilet would be great for redundancy, unless the MA car is going to also be longitudinal seating (it is currently 2+2), then three wheelchair pax in the A end of the MA car still won't have access to a toilet.

I see two cheaper options here ...
1) Remove the toilet.
2) Remove the wheelchair spaces from MA Car and only ever board wheelchair pax in the MB car.

[techblitz]

There is a cloak of commercial in confidence ...

might be time for a new commission with those wide ranging powers.

G.I.C

'government incompetence commission'

[James]

If the documents passed through cabinet I suppose they are locked away for 30 years.
I'm not even sure if the Auditor-General could get at them, but would be interesting to know.

The only things 'locked away' like that are cabinet discussions. Things like the NGR design, or who overruled the design to make it non-compliant, would be contained elsewhere and available for observation in an Inquiry or Royal Commission.

[#Metro]

"Commercial in-competence"

There should be a power to dissolve CIC in extraneous circumstances where some large-scale and expensive scandal has happened. I think maybe a court can do that or Royal Commission but I'm not sure exactly as I'm no lawyer.

I think a commission of inquiry would not be enough - full Royal Commission is required into the transport portfolio more broadly not just Queensland Rail or TMR.

I think it also highlights the drawbacks of not having a QLD Senate, or failing that, some form of proportional representation. Good things might fly through Parliament, but bad things fly through also. There is also a flood of reports, investigations, and reviews dealt with by the house, that would be better handled by a specialist body IMHO.

(Reports and reviews are an essential and inseparable part of gov't because ministers are often laypeople totally non-expert in whatever they are managing.)

The only things 'locked away' like that are cabinet discussions. Things like the NGR design, or who overruled the design to make it non-compliant, would be contained elsewhere and available for observation in an Inquiry or Royal Commission.

I'm not sure about that - if a document is brought into cabinet my understanding (correct me if I am wrong) is that it can have "confidential" washed all over it.

[SurfRail]

Because ... the train already has one fully DDA compliant carriage that can accommodate six wheelchairs.  This carriage features a disability compliant toilet and longitudinal seating for easy access to both ends of the car.

This contains 2 incorrect statements, leaving aside anything else.

Fully DDA compliant means "fully DDA compliant".  The HRC is responsible for making those determinations, and they say otherwise.  That's all there is to it.

[MichaelJ]

So, let's say a wheelchair can use the corridor.  Where do they go after reaching the 2+2 seating in the B end of the MA car?

[ozbob]

State of Queensland temporary exemption application

The Australian Human Rights Commission (Commission) has received a joint application from the State of Queensland (acting through the Department of Transport and Main Roads) and Queensland Rail for temporary exemptions to the Disability Discrimination Act 1992 (DDA) and the Disability Standards for Accessible Public Standards 2002 (DSAPT).

The application is made pursuant to s 55(1) of the DDA and s 33A.1 of the DSAPT.+

The exemptions are sought for a period of three years and relate to the New Generation Rollingstock trains (NGR) procured by the Queensland Government.

The Commission's preliminary view - 2 March 2018

On 2 March 2018, the Australian Human Rights Commission issued its preliminary view in this matter. The preliminary view can be found here and a summary of the preliminary view can be found here.

In accordance with its guidelines, the Commission will sometimes issue a preliminary view on an application for temporary exemptions before it reaches a final view. The purpose of a preliminary view is to provide procedural fairness and to give interested parties the opportunity to respond to the Commission's preliminary findings before it makes a final decision. If any interested parties wish to respond to the Commission's preliminary view, submissions are sought by 16 March 2018. Submissions should preferably be made in electronic format, and emailed to legal@humanrights.gov.au.

[ozbob]

https://www.humanrights.gov.au/sites/default/files/AHRC_Summary_of_NGR_decision_2March2018.pdf

Summary of the Australian Human Rights Commission's preliminary view on
the 'New Generation Rollingstock' train exemption application made by the
State of Queensland and Queensland Rail.

The Australian Human Rights Commission ('Commission') has today issued a
preliminary view on the joint application by the State of Queensland (acting through
the Department of Transport and Main Roads) and Queensland Rail for temporary
exemptions to the Disability Discrimination Act 1992 (Cth) ('DDA') and the Disability
Standards for Accessible Public Transport 2002 (Cth) ('Transport Standards').

As reflected in Commission Guidelines: Temporary Exemptions under the Disability
Discrimination Act 2010, the Commission will sometimes issue a preliminary view on
an application for temporary exemptions before it reaches a final view. The purpose of
a preliminary view is to provide procedural fairness and to give interested parties the
opportunity to respond to the Commission's preliminary findings before it makes a final
decision.

The Commission is of the preliminary view that it will refuse to grant the majority of the
temporary exemptions sought by the applicants in this matter. The DDA has made it
unlawful for public transport providers to discriminate on the ground of disability since
1993. Since 2002, when the Transport Standards came into operation, all new
conveyances — including trains — must comply with the Transport Standards. Despite
being procured in 2013, the New Generation Rollingstock trains do not comply with the
Transport Standards. It is not clear to the Commission why the Queensland
Government procured non-compliant trains in 2013, or why the rectification work did
not occur between procurement in 2013 and entry into passenger service in 2017.

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
created a comprehensive regime intended to ensure the accessibility of public
transport for people with disability. The Commission has frequently expressed the view
that exemptions to these laws 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 substantial evidence is
needed to justify the exemption.

Although the Queensland Government has undertaken, within three years, to meet a
legal obligation that has existed since the Transport Standards came into effect in
2002, the Commission is not persuaded that the reasons advanced in favour of the
exemption outweigh the discriminatory impact of the non-compliant trains on people
with disability. The Commission is not satisfied that it is reasonable to grant the majority
of the exemptions sought in this matter. This means that the right of people with
disability to bring a complaint under the DDA is preserved. The Commission is of the
preliminary view that it will grant one exemption to the Department of Transport and
Main Roads to s 8.2 of the Transport Standards until 1 October 2020 to align it with an
existing temporary exemption already enjoyed by Queensland Rail.

In forming its preliminary view, the Commission considered the views contained in 20
submissions received from individuals, government agencies and disability advocacy
organisations. The majority of these submissions opposed the Commission granting
the exemptions to the applicants, either outright or on the conditions requested by the
applicants. Many of these submissions also expressed concerns about the relocation
of the guard carriage in the new NGR trains to the back of the conveyance. The
Commission was not able to consider this issue because the applicants had not applied
for temporary exemptions relating to the guard carriage.

Decisions about the configuration of the New Generation Rollingstock trains, and the
timing of their entry into passenger service, are for the Queensland Government. The
Commission's role in this matter is limited to deciding whether the applicants should
be exempt from the usual application of the DDA and the Transport Standards for the
areas of non-compliance that they have identified.

Interested parties have until 16 March 2018 to provide a response to the Commission's
preliminary view. Submissions should preferably be made in electronic format, and
emailed to legal@humanrights.gov.au.

2 March 2018
Please note that this statement is not intended to be a substitute for the reasons of the
Commission as set out in its preliminary view or to be used in any later consideration of the
Commission's reasons.

[ozbob]

Email received from AHRC 3rd March 2018

Preliminary view issued in the New Generation Rollingstock train temporary exemption application [DLM=Sensitive:Legal]

Dear Sir/Madam,

I am writing to inform you that the Australian Human Rights Commission has today issued its preliminary view in relation to the application for temporary exemptions to the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Accessible Public Transport 2002 by the State of Queensland (acting through the Department of Transport and Main Roads) and Queensland Rail.

The Commission's preliminary view can be found here. A summary of the Commission's preliminary view is attached.

In accordance with its guidelines, the Commission will sometimes issue a preliminary view on an application for temporary exemptions before it reaches a final view. The purpose of a preliminary view is to provide procedural fairness and to give interested parties the opportunity to respond to the Commission's preliminary findings before it makes a final decision. If any interested parties wish to respond to the Commission's preliminary view, submissions are sought by 16 March 2018. Submissions should preferably be made in electronic format, and emailed to legal@humanrights.gov.au.

Please do not hesitate to contact me on the details below if you have any further questions about this application.

Kind regards,

Ella Kucharova
Lawyer, Legal Section
Australian Human Rights Commission

[ozbob]

I am presently considering if we need to comment on the preliminary view of the AHRC.

I will consult with our key contributors to our submission to the AHRC to decide if we need to comment.

[Stillwater]

The most disturbing aspect of this sorry saga is exposed in these extracts from the AHRC determination:

"Given that the DDA has prohibited discrimination in public transport since 1993, and the Transport Standards have required new conveyances to be compliant since 2002, it is difficult to understand why the State of Queensland procured new trains in 2013 and then applied for temporary exemptions to the DDA and the Transport Standards.

"It is not clear to the Commission why the Queensland Government procured non-compliant trains in 2013, or why the rectification work did not occur between procurement in 2013 and entry into passenger service in 2017. 

"The Commission notes that rectification works are only at the concept design stage, and a detailed timeframe for each step of the rectification process is still to be developed. On the evidence available, significant uncertainty remains regarding the proposed rectification process."

What these findings show is that TMR and QR (State of Queensland) have had no sense of urgency to fix this problem and, even when they realized they were in hot water, still have no firm way out of the problem.  They merely seek exemption to kick the can down the road – just to get past the Commonwealth Games.

No firm strategy, no firm way of working through a problem.  It is a failure in leadership.

Additional comment:

From 2013 to 2018 -- no real attempt to fix the problem, just lots of effort to circumvent the law, then seek to be excused from it.  Any backdown by the AHRC on its preliminary finding should not be contemplated because it will be cynically exploited by TMR/QR and will provide the opportunity for them to back off fixing the problem for a further three years (if they had their way). 

[ozbob]

Sent to all outlets:

4th March 2018

AHRC indirectly confirms why a Commission of Inquiry into New Generation Rollingstock Project is needed.

Good Morning,

The Australian Human Rights Commission (AHRC) has issued their preliminary view on the State of Queensland's temporary exemption application for the non-compliant New Generation Rollingstock trains. [ http://www.humanrights.gov.au/our-work/legal/exemptions/exemption-applications-under-disability-discrimination-act-1992-cth ]

In a stinging judgment the State of Queensland has been shown to have failed grossly.  Exactly why a proper inquiry is needed to get to the true circumstances of this monumental botched project.  We stand vindicated.

What these findings show is that TMR and QR (State of Queensland) have had no sense of urgency to fix this problem and, even when they realized they were in hot water, still have no firm way out of the problem.  They merely seek exemption to kick the can down the road – just to get past the Commonwealth Games.

No firm strategy, no firm way of working through a problem.  It is a failure in leadership.  One wonders why ' heads are not rolling ' in DTMR.

From 2013 to 2018 - no real attempt to fix the problem, just lots of effort to circumvent the law, then seek to be excused from it.  Any back-down by the AHRC on its preliminary finding should not be contemplated because it will be cynically exploited by TMR/QR and will provide the opportunity for them to back off fixing the problem for a further three years (if they had their way).

We support the preliminary view of the AHRC and expect it to be confirmed.

Best wishes,
Robert

Robert Dow
Administration
admin@backontrack.org
RAIL Back On Track https://backontrack.org

Sent to all outlets:

27th February 2018

Re: Call for a Commission of Inquiry into New Generation Rollingstock Project

Good Morning,

Nary a response to our call for a Commission of Inquiry into the New Generation Rollingstock Project.

Are you surprised?  If it is the former Newman Government's fault you would think the present Government would jump at the opportunity to properly examine the causes of failure with the NGR project.

What is stopping them?  Perhaps their own inaction with respect to NGR project management hey?

With the Australian Human Rights Commission decision re the application by the State of Queensland for a temporary exemption nearing, it is important that the true facts are brought out into the public realm.  After all it is the citizens of Queensland suffering and paying for this monumental botch. We want to know how a succession of Governments and a bumbling transport bureaucracy can get it so wrong.  Importantly to also guard against a future repeat on such a calamitous scale.

Best wishes,
Robert

Robert Dow
Administration
admin@backontrack.org

Sent to all outlets:

25th February 2018

Call for a Commission of Inquiry into New Generation Rollingstock Project

Good Morning,

On Friday 23rd Steve Austin ABC Radio Brisbane - Drive show host conducted an interview with Robert Dow RAIL Back On Track concerning our call for a Commission of Inquiry into the New Generation Rollingstock project. 

The interview can be listened to here > https://backontrack.org/docs/ngr/abc23feb18.mp3

The framework for this interview was the dot point summary below:

Commission of Inquiry into New Generation Rollingstock Project - summary
   

   
• Why were non DDA non DSAPT compliant trains ordered? It has been a requirement since 2002 for new passenger rollingstock to be compliant.

   
• Why was the order reduced from 100 to 75 six car trains?

   
• Who signed off on the design?

   
• Was Queensland Rail consulted on design of the new trains?

   
• When did the ' State of Queensland ' first know they had acquired non compliant trains?

   
• Why did it take till September 2017 for an application for a temporary exemption be made to AHRC when Disability Advocates and others had been warning of accessibility issues since 2015?

   
• Who decided that new non compliant trains could be used on the network without the protection of an exemption? Did the Queensland Rail Board approve of this action?

   
• An inquiry will ensure that lessons are learned in terms of procurement so that taxpayers money is not wasted in purchasing of services and products by government that does not comply with legislation.

   
• Must ensure external reference groups which TMR and QR conduct are given the respect they deserve in that messages from them are duly considered.

   
• We want the true facts and circumstances brought into the clear light of day so the monumental botch that this project represents is not repeated.

A major project failure such as the New Generation Rollingstock non compliance for the DDA and DSAPT simply cannot be swept under the carpet.  It is essential a thorough and independent inquiry to into all circumstances is achieved so that failure on this scale never occurs again.

For your consideration.

Best wishes,

Robert

Robert Dow
Administration
admin@backontrack.org
RAIL Back On Track https://backontrack.org

[ozbob]

https://twitter.com/Robert_Dow/status/969982978351759360

[ozbob]

Can the State of Queensland turn it around?

The crux of the issue is that the State of Queensland has not really provided a detailed, costed rectification plan with definite timelines, to overcome the non-compliance. Should the State come up with a better rectification plan in the next two weeks, it is possible that the Commission could change their view. Based on the previous documentation by the State they will need to make marked improvements in their manner, candour and rigor to get the Commission to change their preliminary decision. Signed contracts would be necessary in my view.

The basic plan currently to rectify is split the 75 trains into two sub groups.  First group 35 trains with two toilet modules.  Seat orientation will be changed in the carriages with toilets to longitudinal.  This will overcome the problem of a too narrow path between the two toilet carriages as there will not be a requirement to move between the carriages.  The toilet modules will be lengthened slightly to make them fully compliant.  This will then provide an acceptable outcome for PWD. The second group will be 40 trains with no toilets.  I assume both cars 3 and 4 will have provision for PWD, with changes to seat layout to better allow movement of wheelchairs and other mobility devices as required.

[bretto82]

Another possibility is tmr ask bta to cut the toilet car out and replace it with another non toilet car that is compliant until they have the toilet compliant but who knows it would mean tmr would have to think and problem solve remember qr can not even change a light bulb on them

[ozbob]

Another possibility is tmr ask bta to cut the toilet car out and replace it with another non toilet car that is compliant until they have the toilet compliant but who knows it would mean tmr would have to think and problem solve remember qr can not even change a light bulb on them

Thanks. Yes, that is possible. DTMR have to extract all digits over the next two weeks and have a very serious attempt at getting it over the exemption line.  Be a disaster if it proceeds to an injunction and they are then forced to stop operating the NGRs. If they don't get the exemption an injunction in the Federal Court will stick IMHO.

This is on a knife edge.  Are they up to it?  Based on recent performances it is difficult to be confident to be frank ...

[Arnz]

Splitting the NGR fleet into two would also create a bit of an "extra job" through ensuring the non-toilet equipped NGR doesn't head north of Caboolture or south of Beenleigh.  Not to mention ensuring the non-toilet NGR doesn't end up allocated onto a rooster which involves a Varsity Lakes or Nambour run.

[not_available]

^ ^
And how would they split the fleet train numbers-wise? Will all the ones currently in QLD have the two toilets or not?
As in, modify the trains here into the two-toilet ones, and do a little redesigning to the design for around NGR 740 onwards so we don't have to do as much here. Or is that impossible because of some T&Cs in the building contract?

[Stillwater]

The 'State of Queensland' would do well to be respectful and humble before the AHRC, put the bluff, bluster and spin to one side and at least do this:

Present to the AHRC a staff education and culture-changing plan to educate everyone within QR and those elements of TMR responsible for PT about their responsibilities as individuals towards people with a disability, including their obligations under law.

A serious rectification plan with solid timelines and an approved budget. (ie, fix the problem within 12 months).

Re the second point, it's time for Ms Trad, as Treasurer, to come out with an emergency allocation for the rectification work -- not a promise, not a board of people to look into the cost implications .... cold cash, on the table.  That would be firm evidence to the AHRC that the State of Queensland is fair dinkum. SHOW US THE MONEY, Ms Trad.

Clearly, the AHRC has published a 'preliminary determination' to elicit a genuine and sincere response from QR and TMR.  Both have been playing duck and drakes until now.

Also, it is time QR and TMR overhauled their public engagement policies. Engagement should be just that.  Too often, public engagement by Queensland Government agencies and departments is merely an opportunity to preach at people, or to exercise a 'public sentiment containment and management strategy'.  What's needed is a process that is not manipulated, but designed to get the result that arises out of genuine consultation, and meaningful consultation -- a two way dialogue.

In this instance, disability advocates were corralled and kept at arms length.  That must stop.

[InclusionMoves]

As always well said Stillwater

What we have had is a win but still the balance is tipped in the scales towards the government with the legal avenues that individuals need to pursue in order to pressure government into real change.

At the moment they seem ready to simply ignore and bluff still. Which may work in the short term but not in the long.

The 'State of Queensland' would do well to be respectful and humble before the AHRC, put the bluff, bluster and spin to one side and at least do this:

Present to the AHRC a staff education and culture-changing plan to educate everyone within QR and those elements of TMR responsible for PT about their responsibilities as individuals towards people with a disability, including their obligations under law.

A serious rectification plan with solid timelines and an approved budget. (ie, fix the problem within 12 months).

Re the second point, it's time for Ms Trad, as Treasurer, to come out with an emergency allocation for the rectification work -- not a promise, not a board of people to look into the cost implications .... cold cash, on the table.  That would be firm evidence to the AHRC that the State of Queensland is fair dinkum. SHOW US THE MONEY, Ms Trad.

Clearly, the AHRC has published a 'preliminary determination' to elicit a genuine and sincere response from QR and TMR.  Both have been playing duck and drakes until now.

Also, it is time QR and TMR overhauled their public engagement policies. Engagement should be just that.  Too often, public engagement by Queensland Government agencies and departments is merely an opportunity to preach at people, or to exercise a 'public sentiment containment and management strategy'.  What's needed is a process that is not manipulated, but designed to get the result that arises out of genuine consultation, and meaningful consultation -- a two way dialogue.

In this instance, disability advocates were corralled and kept at arms length.  That must stop.

[ozbob]

Couriermail --> $100m Queensland train fix is still just an election promise four months later

A DEAL underpinning Labor's election promise to funnel $100 million of work fixing disability access flaws in its new train fleet to a local company is yet to be sealed four months after the pledge.

And the Australian Human Rights Commission has raised doubts about the repair project, finding in a preliminary decision last week that "uncertainty remains" over the rectifications.

Premier Annastacia Palaszczuk pledged in November that her Government would have a rival train company modify the trains in Maryborough if her Government was returned to power.

The campaign pledge followed an Australian Manufacturing Workers' Union "save our jobs" campaign in the town, where Labor MP Bruce Saunders was battling to retain his seat.

It was another windfall for Downer EDI's Maryborough plant after the Government months earlier announced $70 million in taxpayer cash would be spent there on train maintenance.

But the NGR modifications hinge on Bombardier, which in 2014 won the $4.4 billion contract to build 75 new trains in India, agreeing to subcontract the work to its competitor Downer.

A Bombardier spokesman said it was in discussions, but no contract been signed.

Modification work to the trains, which are running almost two years behind, includes fixing disability access issues under the original order approved by the Government.

Labor also ordered $50 million in extra work relating to the placement of guards.

Bombardier says it has "manufactured the trains as set out contractually" by the Government.

Downer rail chief executive officer Michael Miller yesterday said the scope and design for the works was yet to be completed, but he was confident it would do the modifications.

Mr Miller rejected there were issues with the Maryborough plant being fit to work on the NGR trains, saying only "minimal amounts of capital" were needed to ready the plant for the NGR work. "It's small beer kind of investments," he said.

"We have an enormous amount of capacity at that site to be able to do that work and so there's no concern on our part about being able to do those modifications."

Transport Minister Mark Bailey said there was an agreement between Bombardier and Downer for Downer to do the work "subject to confirmation of scope, costs and time frames".

The Commission on Friday rejected the Government's application for an exemption for the train from meeting disability access standards and noted there was no detailed rectification plan.

Rail Back on Track public transport advocate criticised the November jobs pledge an "election stunt" that had no detail on substance in terms of how the trains would be modified.

"They threw $150 million up in the air, but my gut feeling is it's going to cost more," he said.

[ozbob]

Sent to all outlets:

5th March 2018

Time to get cracking with a proper NGR rectification plan ' State of Queensland '

Good Morning,

The AHRC was scathing of the State of Queensland's planned rectification for the non-compliant NGR trains: " The Commission notes that rectification works are only at the concept design stage, and a detailed timeframe for each step of the rectification process is still to be developed. On the evidence available, significant uncertainty remains regarding the proposed rectification process."

This has been further highlighted in the Couriermail today:

Couriermail --> $100m Queensland train fix is still just an election promise four months later

The crux of the issue is that the State of Queensland has not really provided a detailed, costed rectification plan with definite timelines, to overcome the non-compliance. Should the State come up with a better rectification plan in the next two weeks, it is possible that the Commission could change their view. Based on the previous documentation by the State they will need to make marked improvements in their manner, candour and rigor to get the Commission to change their preliminary decision. Signed contracts would be necessary in our view.

The basic plan currently to rectify is split the 75 trains into two sub groups.  First group 35 trains with two toilet modules.  Seat orientation will be changed in the carriages with toilets to longitudinal.  This will overcome the problem of a too narrow path between the two toilet carriages as there will not be a requirement to move between the carriages.  The toilet modules will be lengthened slightly to make them fully compliant.  This will then provide an acceptable outcome for PWD. The second group will be 40 trains with no toilets.  We assume both cars 3 and 4 will have provision for PWD, with changes to seat layout to better allow movement of wheelchairs and other mobility devices as required.

The ' State of Queensland '  has to extract all digits over the next two weeks and have a very serious attempt at getting the NGR project over the exemption line.  Be a disaster if it proceeds to an injunction and they are then forced to stop operating the NGRs. If they don't get the exemption, an injunction application in the Federal Court will probably be upheld in our view.

This is on a knife edge.  Are they up to it?  Based on recent performances it is difficult to be confident to be frank ...

Best wishes,
Robert

Robert Dow
Administration
admin@backontrack.org
RAIL Back On Track https://backontrack.org

[ Attached: https://railbotforum.org/mbs/index.php?topic=3706.msg205418#msg205418 ]

[ozbob]

https://twitter.com/Robert_Dow/status/970327721883533313

https://twitter.com/Robert_Dow/status/970328486509359105

https://twitter.com/Robert_Dow/status/970328041757880321

https://twitter.com/Robert_Dow/status/970335560928669696

https://twitter.com/Robert_Dow/status/970338221996498944

[ozbob]

Letters to the Editor, March 5, 2018 The Courier-Mail
http://www.couriermail.com.au/news/opinion/letters-to-the-editor-march-5-2018/news-story/72282364416bc4e0a1231ff42973e5ec

THE Queensland Labor Government seems intent on blaming Campbell Newman and the LNP regarding the New Generation Rollingstock trains. I doubt any member of the LNP that ordered these trains had a say on the design as they aren't mechanical engineers, electrical engineers, interior designers and the list continues. Who did design them? Was it Queensland Rail or the manufacturer in India, and did the unions participate in such designs. I am sick and tired of politicians playing the blame game.

Neil Evans, Redbank Plains

THE silence is almost deafening from the Opposition when it comes to the mess they left Labor over the new rolling stock they contracted out to India. Unfortunately, there are people out there who will be sold the lies blaming the current Government for the mess.

Dallas Fraser, Currumbin

WHAT else can Queensland Rail stuff up? I was just reading the emailed version of its new cut-price rail travel promotional brochure to the Outback.

Prices look great, but they're only one way, nothing about return rail fares. But, down a little bit in the script, is an underlined piece in small letters, "view online".

I clicked on that and guess what? Up came a message from Microsoft that the site is suspect and could damage my computer programs.

How good is that? Oh well, QR is not only getting their underpants in a knot with services and timetabling, they now have an online message that could kill your computer.

Les Bryant, Durack

HOW refreshing to see that train drivers will get a one-off bonus of $1250 and double pay for working on their rostered days off to help with the trebling of train services for the Commonwealth Games.

I would rather see this sector of workers receiving a temporary minuscule bonus compared with the usual multimillion-dollar bonuses and incentives that white collar CEOs – especially bankers as well as government department heads – receive for basically turning up for work.

Valdy Kwitowski, Salisbury

IF THE Premier is so determined for transport to work – offering train drivers bonuses of $1250 just for turning up to work – how about extending that to bus drivers.

If private company bus drivers decided not to work during the Games, you could run all the trains you like but the transport system would not be effective. Without private buses, the Games will not happen.

So how about giving bus drivers, who'll be essential to the smooth movement of officials, competitors and spectators, a bonus too. Fair's fair.

Des Deighton, Coolum Beach

MILVIO DiBartolomeo's letter about rail fail neglected to reflect failed rail unions, and their political minions.

Train drivers and guards represent 1 to 2 per cent of the community, which means 98 per cent of taxpayers are funding this outrageous misuse of taxpayers' limited resources.

If Palaszczuk plans to shut down taxpayer support to Adani, why isn't she shutting down taxpayer funds to failed rail unions who haven't managed to crawl out of the caves?

Alan Kirk, Deagon

[ozbob]

https://twitter.com/Robert_Dow/status/970332222795296769

[ozbob]

Letter to the Editor Queensland Times 5th March 2018 page 15

Rail inquiry needed

[not_available]

Letters to the Editor, March 5, 2018 The Courier-Mail
http://www.couriermail.com.au/news/opinion/letters-to-the-editor-march-5-2018/news-story/72282364416bc4e0a1231ff42973e5ec

THE Queensland Labor Government seems intent on blaming Campbell Newman and the LNP regarding the New Generation Rollingstock trains. I doubt any member of the LNP that ordered these trains had a say on the design as they aren't mechanical engineers, electrical engineers, interior designers and the list continues. Who did design them? Was it Queensland Rail or the manufacturer in India, and did the unions participate in such designs. I am sick and tired of politicians playing the blame game.

Neil Evans, Redbank Plains

Neither. It was the Department of Transport and Main Roads. The same group that messed up on a few other things in regards to public transport.
Ozbob, is there a list somewhere where I can see each of TMR's successful/slightly botched projects?