New Generation Rollingstock

[ozbob]

Sent to all outlets:

29th March 2018

Responses to AHRC Preliminary view published - NGR

Good Morning,

Responses to the AHRC's Preliminary View on the application by the ' State of Queensland ' for a temporary exemption for the non-compliant New Generation Rollingstock trains was made available yesterday.  ( See > http://www.humanrights.gov.au/our-work/legal/exemptions/exemption-applications-under-disability-discrimination-act-1992-cth ).

It is very disappointing and concerning to note the ' State of Queensland' has elected to chastise the AHRC and challenge the Preliminary View on a legal basis rather than concentrating on actually coming up with a proper detailed, costed, and contractually secure rectification plan to ' fix the NGR trains '.

Article Couriermail --> Rail fail: State Government argues Human rights of disabled are 'not absolute'

Mr Geoff Trappett Inclusion Moves is quoted as:

" I can't believe that in 2018 my Queensland State Government has been party to a submission that said, 'human rights are not absolute and may need to be limited'," he said.

"That's not something I thought I'd ever see attributed to the Queensland Government."

We agree with Mr Trappett.

One of our members has posted this comment.  This sums up our position well.

https://railbotforum.org/mbs/index.php?topic=3706.msg206588#msg206588

What a mean-spirited pack of bastards!  Cop a load of this in the State of Queensland response:

"In adopting an approach that appears to focus on reprimanding the Applicants for the past processes, the Commission has taken the wrong approach."

One wonders how much the State of Queensland paid for the legal opinion they have landed the AHRC with.  Let's hope the Commission is not intimidated.

However, we should not expect a quick response from the Commission as it will probably have to consult a bank of lawyers before bringing down its final determination.

Even then, it would appear the State of Queensland, in its current state of mind, will want to 'go the biff' in the courts.

I am but one person, but I will put up with a crappy, unreliable train service until the NGR mess is rectified.

I reject this statement by the State of Queensland:

"The Applicants are also concerned that the Commission has failed to adequately consider the substantial public interest factors weighing in favour of granting the exemptions. These factors were set out in the Applicants' response to the public submissions and include:

(i) The significant public interest in maintaining and improving the capacity of South East Queensland's passenger rail network for all customers, including those with disabilities;
(ii) Withholding the NGR trains from service is likely to incur costs for the State of Queensland under the Public Private Partnership contract."

Yep, my tax dollars are being wasted by the State of Queensland in the way they have managed this project, but I'll be damned that they be excused from breaking the law rather than be exposed to the full extent of the law ... because that is the only way the State of Queensland will learn the lesson.

Yes, dollars wasted now to save dollars in the future.  This can never be allowed to happen again.  Rolling exemptions are not on.  A line must be drawn in the sand.  And today is the day when that happens as far as I am concerned.

The State of Queensland spits in the eye of every Queenslander, not just those with a disability, when it lectures the AHRC by saying there is no analysis or reasoning to support the AHRC finding that: '(the Commission) is not persuaded that the reasons advanced in favour of the exemptions outweigh the impact on people with disability who are likely to experience discrimination in the meantime".

I pose this to those able-bodied people reading this.  You are stroke away, a car accident away, one step away from contracting a debilitating disease, from having some dormant gene spring to life inside your body, falling badly, or any other incident that will inflict a disability.  The State of Queensland says there is 'no analysis or reasoning' for putting the discrimination incurred by people with a disability ahead of what the State of Queensland defines as the so-called 'greater good'.

That is the very antithesis of what the AHRC stands for and the charter it is obliged to uphold, under law.

Disgusted.  The State of Queensland is desperate to cover up years of failure.  There must be an inquiry into this diabolical failure.  If the State does not have one we certainly will. ( See RBoT New Generation Rollingstock Public Inquiry > https://backontrack.org/ngr/ ).

The measure of failure by the State is profound.  If citizens are forced to do the work of a recalcitrant State so be it.
There is a leadership vacuum and moral decay in Government and its transport bureaucracies that is now on display for the world to note.

Contact:

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

[not_available]

716 still sitting at Mayne. Saw 711 for the first time.

[ozbob]

https://twitter.com/PWDAustralia/status/979133950227460096

[ozbob]

https://twitter.com/Robert_Dow/status/979200782854574082

https://twitter.com/Robert_Dow/status/979202842673102848

[ozbob]

https://www.humanrights.gov.au/our-work/legal/exemptions/exemption-applications-under-disability-discrimination-act-1992-cth

The Commission's decision - 29 March 2018

On 29 March 2018, the Australian Human Rights Commission gave notice of its decision in this matter.  The decision can be found here and a  summary of the decision can be found here.

Summary


Summary of the Australian Human Rights Commission's decision 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 given notice of
its decision 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').
Consistent with its preliminary view, the Commission has decided that it will not 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 sections of the Transport Standards.

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 considers that exemptions to this
law and national standards 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 evidence is needed to justify
an exemption.

While the Commission acknowledges that 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 DDA.
In forming its decision, 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. The Commission also considered the response of the applicants and other
interested parties to the Commission's preliminary view.

The Commission recognises that the procurement of the NGR trains is a large and
complicated infrastructure project that has spanned successive Queensland
governments. It also notes that the applicants have recognised that their consultation
and procurement processes could have been better and have taken steps to improve
the situation. The new Accessible Transport Networks team within TMR is a
commendable development in this regard for the future.

The Commission has decided 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.


Pursuant to s 56 of the DDA and s 33A.4 of the Transport Standards, and subject to
the Administrative Appeals Tribunal Act 1975 (Cth), an application may be made to the
Administrative Appeals Tribunal for a review of the decision to which this notice relates
by or on behalf of any person or persons whose interests are affected by the decision.
29 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 decision or to be used in any later consideration of the
Commission's reasons.

[ozbob]

https://twitter.com/Robert_Dow/status/979223961232752640

https://twitter.com/Robert_Dow/status/979228539999305728

[BrizCommuter]

So it seems that boarding location is exempted, but everything else (including toilets and corridor) is not?

[ozbob]

29th March 2018

Sent to all outlets:

AHRC - The Commission's decision - 29 March 2018

Greetings,

The AHRC has published its decision.

https://www.humanrights.gov.au/our-work/legal/exemptions/exemption-applications-under-disability-discrimination-act-1992-cth

"Consistent with its preliminary view, the Commission has decided that it will not grant the majority of the temporary exemptions sought by the applicants in this matter."

Time for a Commission of Inquiry into this mess.

Regards,
Robert

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

Reference: https://railbotforum.org/mbs/index.php?topic=3706.msg206653#msg206653

[ozbob]

So it seems that boarding location is exempted, but everything else (including toilets and corridor) is not?

The single point of boarding is actually covered under a previous rolling exemption with the ARA.  That is why it is separated out.  This was the same in the preliminary view.

The  ' State of Queensland ' has failed.  It can appeal and I guess they are such morons they probably will.

[ozbob]

https://twitter.com/Robert_Dow/status/979227824379674625

[Stillwater]

The final determination of the Australian Human Rights Commission, rejecting the application from the 'State of Queensland' for an exemption from the law in respect of the DDA and its technical specifications makes for fine reading.  It is considered in its argument and comprehensively logical in its put-down.

TMR and QR are acting contrary to law in running non-compliant NGR trains in operational service.

Some extracts:

"While the Commission acknowledges that 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 DDA."

-   Australian Human Rights Commission

"In their joint response to the Commission's preliminary view, the applicants have submitted that the power in s 55 of the DDA and s 33A.1 of the Transport Standards takes as a starting point that there is a non-compliance with the law and that the Commission will fall into legal error by considering the past conduct of the applicants.

"The Commission respectfully disagrees. Accepting the applicants' submission would require the Commission to ignore important context when making its decision. In weighing up whether an exemption is reasonable in the circumstances, the Commission considers that the past conduct of the applicants and any compelling reasons for the non-compliances — or lack thereof — may be relevant factors for the Commission to consider in exercising its statutory discretion."

And finally ....

"The Commission also recognises that there is significant public interest in upholding the important protections that the DDA provides and considers that they should not be lightly overridden."

Appeal

In its finding, the AHRC acknowledges that its decision can be challenged in the Administrative Appeals Tribunal, Commonwealth jurisdiction.

The Administrative Appeals Tribunal looks to procedural fairness.  It reviews process to see if the process was according to convention and law and there was no erring from standards and the legislation.

The way the AHRC handled this matter was scrupulous.

The State of Queensland can go down the path of an appeal to the Administrative Appeals Tribunal, but it is hard to see it succeeding.

[ozbob]

https://twitter.com/Robert_Dow/status/979231003397926912

[ozbob]

Couriermail --> Queensland Government knocked back in bid to roll out NGR trains

THE state's new problem trains risk being put off the tracks after a final decision rejecting the Government's application for an exemption from having to meet disability access laws.

A decision by the Australian Human Rights Commission has been released today, denying the Queensland Government's request for an exemption on the basis the new trains were urgently needed for the Commonwealth Games next month and to replace existing trains that had hit retirement age.

But the Commission the Government's arguing was not "sufficiently persuasive to suspend the rights of people who might experience discrimination" on the New Generation Rollingstock trains, eight of which have already been put on the tracks.

It has rejected the exemption request, paving the way for the disability sector to seek a court injunction to put the trains off the tracks until they are fixed.

Disability advocate Geoff Trappett flagged potential court action.

"The finalisation of the decision puts any person who is looking to make a complaint or who has already made a complaint in a much stronger legal position to force an injunction," he said.

Problems with the trains include aisles to narrow for people in a wheelchair and non-compliant toilets.

The timing could not be worse, coming just days before the Games' opening ceremony.

The commission, in its final decision, repeats its criticism of the Government for botching the design.

"Despite being procured in 2013, the New Generation Rollingstock trains do not comply with sections of the Transport Standards. 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 states.

"It created a comprehensive regimen intended to ensure the accessibility of public transport for people with disability," it continues.

"The Commission considers that exemptions to this law and national standards 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 evidence is needed to justify an exemption.

"While the Commission acknowledges that 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)."

In its last-ditch bid to convince the Commission to grant the exemption, the Government this month argued its preliminary decision had several errors including incorrectly exercising discretion, considering irrelevant material, failing to consider relevant material and relying on information that had no factual basis.

In arguing that the commission had applied the incorrect test, the government highlighted that legislation only set out that discrimination against disabled people should be eliminated "as far as possible".

"As the interests of people and groups living in society sometimes conflict and must be balanced, human rights are not absolute and may need to be limited," the Government said.

It added that limiting human rights was "reasonable and justified in a free and democratic society if the final outcome was "legitimate and of sufficient importance".

Brisbane architect Wendy Lovelace, who uses a wheelchair, has made a complaint to the Commission about the inaccessible trains.

She says she will now look into legal action.

"That is on the agenda as in what I will be getting advice on," she said.

The State would need to go to the Administrative Appeals Tribunal to try and overturn the decision.

Rail Back on Track spokesman Robert Dow said the Commission's decision "further strengthens our calls for a Commission of Inquiry" into the bungled $4.4 billion New Generation Rollingstock project.

"We are grateful the (Commission) has stood against the spurious and somewhat disingenuous argument from the (State Government)," he said.

[ozbob]

https://twitter.com/Robert_Dow/status/979233250412453889

https://twitter.com/Robert_Dow/status/979241688999718912

[Stillwater]

It is appropriate to draw a parallel between the NGR train fiasco, and the 'State of Queensland's desire to inflict unfair and (now unlawful) discrimination on people with disabilities and the mammoth fall from grace by the Australian cricket team as a consequence of 'Sandpapergate' – the ball tampering affair.

In considering this connection, imagine:

The Minister, Mark Bailey as James Sutherland, the CEO of Cricket Australia
TMR Director-General Neil Scales as Darren Lehmann, Australian coach
and
The NGR team within TMR as the current Australian team in South Africa.

Reflect on this ....

The State of Queensland sought to tamper with the law (Disability Discrimination Act).  They have been called out for behaviour unbecoming. They will act in defiance of the 'rules of the game' and the 'spirit of the game' by running NGR trains during the Commonwealth Games, thereby willfully breaking the law.

How did James Sutherland act, setting the example for Minister Bailey?  He immediately established an inquiry and discovered all the facts.  Will Mr Bailey set up a Commission of Inquiry into the NGR trains fiasco?

Cricket Australia acted swiftly, identified the perpetrators and stood them down.  Will Mr Bailey stand down Mr Scales and other key players while there is an inquiry?

If Minister Bailey fails to act, he gets roped into the mess to become the 'ball tamperer' of the NGR Affair.

Maybe he should grow some, and call an inquiry, and take heed of how James Sutherland and CA handled their recent crisis. As Darren Lehmann has pledged, will he source the root of the culture within TMR and QR that had developed an adversarial approach to customers, supported by spin and condescending consultation.  While he is at it, the Minister should look to administrative arrangements between TMR and QR (the twin elements of the 'State of Queensland' application to the AHRC) and start contemplating formation of Public Transport Queensland.

That would give rise to the hopes and aspirations of the travelling public of SEQ.

[ozbob]

I have no doubt that the ' State of Queensland ' will continue to operate the NGRs. Of course they will. 
It will take time for any injunction actions but they are now at serious risk of that.

If they had listened and acted in 2015 would no longer be an issue.

Time to clean out DTMR for a start. 
I think the Minister should at this point relieve DMTR of the Project and transfer it holus bolus to Queensland Rail.  This would mean only QR would need to work with BTA.  DTMR has demonstrated their incompetence.

Form PTQ. Get heavy rail out of the contagion that is DMTR.   Task PTQ to get this sorted properly.

[ozbob]

https://twitter.com/isobelroe/status/979247569049026560

[ozbob]

https://twitter.com/Robert_Dow/status/979251086786572298

[ozbob]

Updated: Queensland Government knocked back in bid to roll out NGR trains

http://www.couriermail.com.au/news/queensland/queensland-government/queensland-government-knocked-back-in-bid-to-roll-out-ngr/news-story/803d098fcb13d38d742a1e0fc0de1b73

THE state's new problem trains risk being put off the tracks after a final decision rejecting the Government's application for an exemption from having to meet disability access laws.

A decision by the Australian Human Rights Commission has been released today, denying the Queensland Government's request for an exemption on the basis the new trains were urgently needed for the Commonwealth Games next month and to replace existing trains that had hit retirement age.

But the Commission said the Government's argument was not "sufficiently persuasive to suspend the rights of people who might experience discrimination" on the New Generation Rollingstock trains, eight of which have already been put on the tracks.

It has rejected the exemption request, paving the way for the disability sector to seek a court injunction to put the trains off the tracks until they are fixed.

Transport Minister Mark Bailey has assured Games ticket holders trains will continue on a 24/7 timetable during the Games in spite of the failed request for an exemption.

Mr Bailey added the decision handed down today does not prohibit NGR trans from operating, but instead opens up the avenue for complaints and legal action to be taken on the matter.

"The Palaszczuk Government deeply regrets the errors made during the procurement process in 2012-14 which resulted in the purchase of non-compliant trains," he said.

"Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned."

Disability advocate Geoff Trappett has flagged potential court action.

"The finalisation of the decision puts any person who is looking to make a complaint or who has already made a complaint in a much stronger legal position to force an injunction," he said.

Problems with the trains include aisles to narrow for people in a wheelchair and non-compliant toilets.

The timing could not be worse, coming just days before the Games' opening ceremony.

The commission, in its final decision, repeats its criticism of the Government for botching the design.

"Despite being procured in 2013, the New Generation Rollingstock trains do not comply with sections of the Transport Standards. 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 states.

"It created a comprehensive regimen intended to ensure the accessibility of public transport for people with disability," it continues.

"The Commission considers that exemptions to this law and national standards 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 evidence is needed to justify an exemption.

"While the Commission acknowledges that 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)."

In its last-ditch bid to convince the Commission to grant the exemption, the Government this month argued its preliminary decision had several errors including incorrectly exercising discretion, considering irrelevant material, failing to consider relevant material and relying on information that had no factual basis.

In arguing that the commission had applied the incorrect test, the government highlighted that legislation only set out that discrimination against disabled people should be eliminated "as far as possible".

"As the interests of people and groups living in society sometimes conflict and must be balanced, human rights are not absolute and may need to be limited," the Government said.

It added that limiting human rights was "reasonable and justified in a free and democratic society if the final outcome was "legitimate and of sufficient importance".

Brisbane architect Wendy Lovelace, who uses a wheelchair, has made a complaint to the Commission about the inaccessible trains.

She says she will now look into legal action.

"That is on the agenda as in what I will be getting advice on," she said.

The State would need to go to the Administrative Appeals Tribunal to try and overturn the decision.

Rail Back on Track spokesman Robert Dow said the Commission's decision "further strengthens our calls for a Commission of Inquiry" into the bungled $4.4 billion New Generation Rollingstock project.

"We are grateful the (Commission) has stood against the spurious and somewhat disingenuous argument from the (State Government)," he said.

[Stillwater]

Media Statement

Minister for Transport and Main Roads
The Honourable Mark Bailey

Thursday, March 29, 2018

Statement from Transport and Main Roads Minister Mark Bailey

The Palaszczuk Government deeply regrets the errors made during the procurement process in 2012-14 which resulted in the purchase of non-compliant trains.

Today's decision does not prohibit NGR trains from operating in passenger service, but does allow for complaints to be made on this issue.

Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned.

The Palaszczuk Government is fixing the trains.

We are committed to working with the disability sector to fix the trains as soon as possible.

Since the $4.4 billion decision by the previous LNP Government, we have taken active measures to ensure their mistakes are never repeated.

These measures will include;

•A requirement for all procurement contracts to include an explicit obligation to comply with the Commonwealth Disability Discrimination Act 1992.

•The appointment of disability advocates to the industry advisory groups under the Government's Buy Queensland Procurement Policy

•The creation of  new Accessible Transport Networks team within the Department of Transport and Main Roads

ENDS

[ozbob]

https://twitter.com/PWDAustralia/status/979246048802582528

[ozbob]

Media Statement

Minister for Transport and Main Roads
The Honourable Mark Bailey

Thursday, March 29, 2018

Statement from Transport and Main Roads Minister Mark Bailey

The Palaszczuk Government deeply regrets the errors made during the procurement process in 2012-14 which resulted in the purchase of non-compliant trains.

Today's decision does not prohibit NGR trains from operating in passenger service, but does allow for complaints to be made on this issue.

Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned.

The Palaszczuk Government is fixing the trains.

We are committed to working with the disability sector to fix the trains as soon as possible.

Since the $4.4 billion decision by the previous LNP Government, we have taken active measures to ensure their mistakes are never repeated.

These measures will include;

•A requirement for all procurement contracts to include an explicit obligation to comply with the Commonwealth Disability Discrimination Act 1992.

•The appointment of disability advocates to the industry advisory groups under the Government's Buy Queensland Procurement Policy

•The creation of  new Accessible Transport Networks team within the Department of Transport and Main Roads

ENDS

First real sign of change in attitude.  Almost contrition ...   

TOO LATE MATE !!

[ozbob]

https://twitter.com/Robert_Dow/status/979261103824764928

https://twitter.com/Robert_Dow/status/979263970551808000

[ozbob]

7 News --> Qld's NGR trains will run despite ruling

Queensland Rail's troubled new trains have been officially denied a human rights exemption, but the state government says they'll still be used during the upcoming Commonwealth Games.

The NGR trains are not fitted with disabled toilets and have limited access for wheelchairs, with the government applying to the Australian Human Rights Commission for a three-year exemption to allow them to run the trains while they are progressively fixed.

On Thursday the commission made its final decision, refusing to grant the exemption and ruling the trains in breach of discrimination laws.

"While the Commission acknowledges that 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 DDA," the commission wrote in a statement.

Despite the ruling, Queensland Transport Minister Mark Bailey said the nine trains currently in service would still be used as part of the Games transport plan from next week.

"Today's decision does not prohibit NGR trains from operating in passenger service, but does allow for complaints to be made on this issue," Mr Bailey said in a statement

"Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned."

The trains were originally ordered by the previous Newman LNP government but were halted when the Palaszczuk Labor government took office after significant faults were detected, including the disability access issues as well as issues with line-of-sight and braking.

LNP Opposition Transport Spokesman Steve Minnikin said enough time had passed that Labor had to take responsibility for the flaws, despite the original contract being ordered by the LNP.

"The time for excuses is over. The question now is whether there will be enough trains for the Commonwealth Games," Mr Minnikin said.

While the government intends for the trains to run, the ruling on Thursday leaves the door open for disability groups to seek a legal injunction to stop the trains running until they are made compliant.

Work to fix the problems with the trains, from Canadian company Bombardier, is set to be carried out at the railyards in Maryborough northwest of Brisbane, with a total of 75 NGR trains ordered.

[ozbob]

Brisbanetimes --> Human rights exemption for new trains rejected, leaving door open for legal action

The Human Rights Commission has rejected a human rights exemption application, meaning the New Generation Rollingstock trains could be derailed by disability advocates' legal action.

The engines will remain on the tracks for the near future, but the ruling provides ammunition for complaints and legal action being threatened by disability groups, with the latter having the potential to put the trains out of action through a Federal Court injunction.

The HRC decision was published on Thursday and rejected most of the exemptions proposed by the State Government and Queensland Rail.

Only one exemption was granted, cutting QR some slack with regards to ensuring an assisted boarding device was available at all stations.

The application for the NGR trains to be exempt from disability access laws was lodged on the basis that the engines were crucial to the Commonwealth Games travel plans.

"The Commission acknowledges that the Queensland Government has agreed to allocate funds to bring the trains into substantial compliance with the Transport Standards within three years," the Human Rights Commision said in a summary of its decision.

"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.

"In forming its decision, 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."

Wendy Lovelace, a Brisbane architect who uses a wheelchair and advises on improving access for people living with disabilities, has threatened to impose a Federal Court injunction.

She told Fairfax Media on Thursday that she was continuing to receive legal advice on her plans to take the trains off the tracks.

"The decision highlights that the government has done the wrong thing by putting non-compliant trains into service," Ms Lovelace said.

"They needed to have consultations and fix the trains appropriately before putting them into service.

"The outcome highlights the concerns held by the disability sector for some years."

Transport Minister Mark Bailey said the Palaszczuk Government "deeply regrets" the errors made with regards to the NGR trains, but was adamant the engines would be running during the Commonwealth Games.

"Today's decision does not prohibit NGR trains from operating in passenger service, but does allow for complaints to be made on this issue," he said.

"Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned.

"The Palaszczuk Government is fixing the trains. We are committed to working with the disability sector to fix the trains as soon as possible."

[BrizCommuter]

Now blogged: AHRC - NGR Trains are Illegal!
https://brizcommuter.blogspot.com.au/2018/03/ngr.html

[ozbob]

ABC Radio Brisbane Drive with Maria Hatzakis, Geoff Trappett Inclusion Moves interviewed on today's (29th March 2018) AHRC Decision.

>> Here MP3 5 MB

[ozbob]

https://twitter.com/Robert_Dow/status/979275086887772161

https://twitter.com/Robert_Dow/status/979275673196900352

https://twitter.com/Robert_Dow/status/979279937189244928

[ozbob]

Now blogged: AHRC - NGR Trains are Illegal!
https://brizcommuter.blogspot.com.au/2018/03/ngr.html

Thanks.  Off to all outlets and tweeted above (in the NGR tweet thread!)   

[BrizCommuter]

^ Thanks. Still surprised the BBC have not picked up on this, given the Comm Games.

[ozbob]

Sent to all outlets:

30th March 2018

NGR Project Crisis Demands Action Now

Good Morning,

The SEQ rail network is now at the mercy of injunction actions.  A succession of Governments and its bumbling bureaucracies have failed Queensland with the botched NGR project.

The response by the ' State of Queensland ' to the AHRC's Preliminary View was axiomatic of the whole project.  The State is more concerned with cover-up and bluster than actually moving decisively to fix the trains.  There is still not a detailed, costed, contractually secure rectification plan. More effort is put into legal attempts to steamroll the AHRC and the Disabled Community than fixing the trains!

Change must be made now and swiftly.  The entire project management must be removed from DTMR and given over to Queensland Rail.  This will allow Queensland Rail and Bombardier (Qtectic) to get on with fixing and operating the trains without incompetent meddling from DTMR and TransLink.

It goes without saying the Government must now commission an Inquiry into this project.  If they don't we will hold a citizen led inquiry. (See https://backontrack.org/ngr/ ).

We want answers:

    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?

Best wishes,
Robert

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

[ozbob]

https://twitter.com/Robert_Dow/status/979394570776539136

[ozbob]

Days since NGR 701 towed to Wulkuraka

[Stillwater]

Geoff Trappett makes an interesting and important point in his ABC Radio interview.  He noted that QR claims it needs three years to rectify the NGR trains design issues, yet first realised those issues three years ago, in 2015.

"This was a situation that the now Deputy Premier Jackie Trad was alerted to back in August 2015 - that there were major problem with these trains. If we look at a simple calendar since then, they could have nearly got their three years worth of fixing the trains had they started work at that point."

QR and TMR were still going the legal biff until a few days ago, indicating that they have not yet switched the mindset to action rather than delay.  Yes, it is complicated and will cost money. There still is no rectification plan and no timeline for completion, just an expectation that - if made to do so - three years should be sufficient to make the trains compliant - a full 16 years beyond the point at which QR acknowledges that PT vehicles needed to be compliant, by law.

[ozbob]

Geoff Trappett makes an interesting and important point in his ABC Radio interview.  He noted that QR claims it needs three years to rectify the NGR trains design issues, yet first realised those issues three years ago, in 2015.

"This was a situation that the now Deputy Premier Jackie Trad was alerted to back in August 2015 - that there were major problem with these trains. If we look at a simple calendar since then, they could have nearly got their three years worth of fixing the trains had they started work at that point."

QR and TMR were still going the legal biff until a few years ago, indicating that they have not yet switched the mindset to action rather than delay.  Yes, it is complicated and will cost money. There still is no rectification plan and no timeline for completion, just an expectation that - if made to do so - three years should be sufficient to make the trains compliant - a full 16 years beyond the point at which QR acknowledges that PT vehicles needed to be compliant, by law.

DTMR has had carriage of this mess.  Queensland Rail as the operator had to join the ' State of Queensland ' for the AHRC application process.   The operator must be a party to the application. Queensland Rail was sidelined from this project when it was critical.  This is why an inquiry is so important to flesh out all of this.

I fail to understand why the DG TMR has either not resigned, or been sacked today.  The decision of the AHRC is damning.

[MichaelJ]

In happier news, here's EMU 718 doing a trial journey at Sandgate yesterday.
https://flic.kr/p/24eUrb6

[BrizCommuter]

I fail to understand why the DG TMR has either not resigned, or been sacked today.  The decision of the AHRC is damning.

Just before the Comm Games would be disastrous timing. I would expect he'll be gone shortly after the games.

[ozbob]

In happier news, here's EMU 718 doing a trial journey at Sandgate yesterday.
https://flic.kr/p/24eUrb6

Nice 

[not_available]

Is this right now?

701	702	703	704	705	706
707	708	709	710	711	712
713	714	715	716	717	718
719	720	721	722	723	724
725	726	727	728	729	730

Key: Redbank (3) In Service/Ready (12) Seen testing (1) Wulkuraka/Who knows? (14+)
Edit: added up to 730

[ozbob]

Understand 729 and 730 are at Wulkuraka now too.

Not sure of the total complement at this stage.  Someone might let me know.