New Generation Rollingstock

[ozbob]

7 News --> Qld NGR trains could face legal block

Queensland Rail's troubled new trains could still face a legal block to being used after the state government ignored a ruling from the Australian Human Rights Commission.

The Palaszczuk Labor government decided it would continue to use the nine NGR trains that are currently in service, which are needed to effectively run the Commonwealth Games public transport plan from next week.

That's despite the AHRC on Thursday rejecting the government's application to use the trains while work is carried out to make them compliant with disability requirements, with the trains not wide enough to allow wheelchair access.

Despite the ruling, Queensland Transport Minister Mark Bailey said the NGR 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 on Thursday

"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."

But Geoff Trappett from disability advocates Inclusion Moves said the ruling left the door open to a formal legal injunction to get the trains off the tracks until they're fixed.

"I know of at least one case that is progressing through the legal system with regards to NGR," Mr Trappett told AAP.

"The commission has shown the government that human rights should not be overtaken by sporting events.

"A human right is there for a reason - to ensure everyone is treated equally.

In addition to blocks, the state faces millions of dollars in compensation claims from potential lawsuits related to the non-compliant trains.

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.

Work to fix the problems with the trains, manufactured in India by 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]

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/979577158317129729

[ozbob]

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.

https://twitter.com/Robert_Dow/status/979625678881484801

[ozbob]

Sent to all outlets:

31st March 2018

Is the 'State of Queensland' living up to the Commonwealth Games ideal ?

Good Morning,

A comment from a RAIL Back On Track Member.

https://railbotforum.org/mbs/index.php?topic=3706.msg206618#msg206618

Is the 'State of Queensland' living up to the Commonwealth Games ideal, as expressed in the Charter of the Commonwealth Games Federation:

"To be an athlete-centred, sport-focused Commonwealth Sports Movement, with integrity, global impact and embraced by communities..

"We promote fairness, non-discrimination and inclusion in all that we do..

"Through impactful, high-performance sport, we help Commonwealth athletes, citizens and communities realise their aspirations and ambitions."

The words are from the Commonwealth Games Federation website.

In arguing the legal point to stretch the provisions of the DDA and challenge the AHRC preliminary determination, is the State of Queensland acting with integrity and embracing all in the community?

Is it 'promoting fairness, non-discrimination and inclusion in all that it does'?

Is it assisting citizens 'realise their aspirations and ambitions'?

The Federation has produced a Strategic Plan titled 'Transformations 2020'.

It says ....

"Commonwealth athletes are at the heart of everything we do.  As they constantly push boundaries and challenge limits to deliver peak performance, it's our ambition to ensure their high performance on the field of play inspires wide and lasting impact in communities and across the nations and territories of the Commonwealth. As a movement and through our inspirational athletes we are uniquely placed to deliver the transformational leap from impactful performance in sport to performance impact in the Commonwealth."

What impact does the State of Queensland want to make?

The Federation reflects on its role this way:

"As a cornerstone of the Commonwealth itself, our dynamic sporting movement – driven  by its values of Humanity, Equality and Destiny – has a key role to play in an energised, engaged and active Commonwealth of Nations and Territories."

Where is the humanity and equality in the State of Queensland's position?  Does it have a sense of leading our society to a destiny that it espouses in numerous policy and strategy documents of its own, but which are found wanting when it comes to service delivery.

Remember, among the Commonwealth Games Federation values is this objective:

"Respecting equality, we promote fairness, non-discrimination and   inclusion in all that we do."

We should ask ourselves whether this is what the State of Queensland is doing by challenging the AHRC in the way that it is currently.

Food for thought ...

Best wishes,
Robert

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

[ozbob]

https://twitter.com/Robert_Dow/status/979762787026067456

[ozbob]

We are now facing a very critical situation.  Should injunction actions proceed and be successful, the State will ultimately cease operation of the NGRs until made compliant with appropriate exemption cover for the impracticalities (justifiable hardship).

I have little doubt that the State will appeal the AHRC final decision.  And will keep appealing to higher and higher jurisdictions, should their appeals be dismissed.  All the way to the High Court.  That would be final.

The State seems unable to grasp the seriousness of the situation. All efforts should now be directed to sorting out a rectification plan and implementing it without any more delay. A proper detailed, costed, contractually secure rectification plan, actually commenced could go a long way to determining appeal outcomes in my view.

Just imagine the impacts if the NGRs were withdrawn.   I would expect there would be only a skeleton rail network left.  Lines closures and even worse frequency than what we have endured as rail fail proceeds.   All the result of gross incompetence, political and bureaucratic.  There needs to be some major changes made, and very soon.

[ozbob]

https://twitter.com/Robert_Dow/status/979828710697181184

https://twitter.com/Robert_Dow/status/979845944974876673

[ozbob]

There is another option for the State.

Accept the Final Determination by the AHRC. 
Commence on getting the rectification plan underway. 
Re-apply for a temporary exemption once rectification is happening.

Are they smart enough? 

[hU0N]

We are now facing a very critical situation.  Should injunction actions proceed and be successful, the State will ultimately cease operation of the NGRs until made compliant with appropriate exemption cover for the impracticalities (justifiable hardship).

With respect Bob, the whole industry - not just QR - needs to move beyond exemptions. Exemptions and unjustifiable hardship are two quite different things, and continuing to rely on exemptions is unsustainable and foolish.

The problem with exemptions is that they are temporary and limited in length to just 5 years. They don't technically make a non-compliant train into a compliant train, and they don't establish precedent. Treating earlier exemptions like precedents is 90% of the problem here.

On the other hand, if there are areas where compliance is indeed unjustifiably hard, then it doesn't need an exemption. QR should present it's evidence to the federal court (if and when they get sued presumably) and have the court declare that this hardship is unjustifiable. Such a judgement is permanent, it does actually make the train compliant, and it establishes a precedent so new trains are automatically ok.

The AHRC has been quite forthright in saying that the exemption process is not the appropriate way to deal with unjustifiable hardship, and rail operators need to stop treating it as such.

IMHO operators should stop pouring money into exemptions and instead focus on building a solid case for the various unjustifiable hardships they face. The mere presence of this evidence would probably be enough to deter any litigation, and if not, it only needs go before a federal court judge once and it becomes law.

[#Metro]

^ That's a really good explanation hUON.

I'm concerned though that it would go against the spirit and intent of the law. Just because such a ruling could be made does not change the physical fact that someone using a wheelchair might not be able to transfer themselves to the toilet on the train.

It would be interesting to hear what the legal argument is with regards to "unjustifiable" given the extended time operators and their governments have had to fix the situation, and also the money that their treasuries possess. There is also the fact that previous older models of train are compliant with the requirements, so the judge(s) will be interested in knowing why the new model didn't meet the standards.

[Muggins]

I think the avenue to rely on exemption is closed (and the decision was fairly definitive that exemptions are unlikely to be granted that undermine the Standards by allowing non-conformances in new conveyances).

This doesn't mean the trains can't run however, as I'd imagine the State could argue that withdrawing expensive rollingstock from service (particularly where this would require withdrawal of the corresponding services) as an unjustifiable hardship. However, they would probably need to demonstrate they are limiting the use of trains to the minimum viable and mitigating the discrimination to the extent possible - which would massively devalue the NGR assets.

I agree with hUON, if there really is an issue where the Standards have unjustifiable implications for the narrow gauge rolling stock, the ARA, rolling stock suppliers and/or QR should work through the issue at a technical level and approach the AHRC and/or responsible Minister to seek to revise the Standards to recognise/mitigate these. If they were really keen, they could probably take themselves to court to test the unjustifiable hardship argument.

Requiring the extent of civil works required to enlarge the kinematic envelope of the whole network or foregoing toilets on all narrow gauge rail vehicles do not appear a justifiable or desirable consequences (particularly as the transition would likely further reduce accessibility of existing rolling stock), so a case for modification of the Standards could be warranted. Of course this case may not (possibly should not) be accepted. Indeed, maybe this is the time to stop augmenting the legacy network, and to start putting effort into a developing a greenfield (compliant) replacement (think Standard gauge, ATO, independent lines, Standards compliant by design - a step change akin to Sydney's NWRL approach)?

Queensland was trying to get a retrospective exemption to pardon the failings that led to the illegal procurement of non-compliant vehicles. The admission they can rectify these non-compliances seems to close off the 'unjustifiable hardship' defence for the original procurement error, so it appears likely to me that the State can be held liable for the consequences of the breach of the law associated with the procurement of non-compliant vehicles.

[ozbob]

Welcome Muggins   

Thanks for your comments. 

The decision was very clear.  The State needs to get cracking with the rectification plan and show that there they are serious. Agree absolutely with the your comment

" .. Queensland was trying to get a retrospective exemption to pardon the failings that led to the illegal procurement of non-compliant vehicles. .. "

We have been pointing that out for some time.  State is liable for both compensation and injunctive actions now agreed!

There is also another significant issue looming.  The non compliant nature of many of the railway stations.  Deadline for compliance is 2022.  They haven't a hope ...

[ozbob]

hU0N, I was only suggesting a temporary exemption to cover the operation of non-compliant NGRs until they fix them, and they demonstrate that they are physically doing it.  Actually commencing the rectification process is the way forward, rather than just more legal action by the State and the vague notion of a rectification plan.

If the State cannot run these NGRs, the rail network is at significant peril.  The aging fleet cannot keep going much longer.  Already failing regularly, particularly when all units are deployed. 

The State has known about the non-compliance issues from around 2015, they publicly admitted it around June 2017.  They lost a lot of time, time in which the trains could have been modified, as they attempted to bluster and obfuscate their way through.

So, has anyone a suggestion as to what to do now?  I have made mine.  Accept the AHRC Decision, get cracking on rectification.

They will run them until there is a legal challenge.  At that point they can argue legally on the points made earlier (unjustifiable hardship, standards and so forth). 

[SABB]

I have a question.
Given the limits of QR's rollingstock profile, is it actually possible to make a DDA compliant toilet with the associated access to get to the next carriage ?
Perhaps someone more technically minded could comment.

[ozbob]

I have a question.
Given the limits of QR's rollingstock profile, is it actually possible to make a DDA compliant toilet with the associated access to get to the next carriage ?
Perhaps someone more technically minded could comment.

Probably not.  That is why they have decided to modify the trains into the two groups - 35 with two toilets, the remainder no toilets.  Two toilets, one in the MA and one MB car.  This then overcomes the need to communicate between the two carriages.

The other option would have been to put toilets up against the cabins ( as for IMUs ).  Make cars 1 and 6  the carriages for disabled passengers.  This would have been a better design to run with, than the single toilet DOO design. But the problem with that is that the network is set up for PWD centre boarding.  So in the end they have come with two toilets, each of the centre carriages (MA MB, cars 3 and 4).

[ozbob]

Fraser Coast Chronicle --> TRAIN TROUBLES: $100M to fix faulty trains in M'boro 5th February 2018

MARYBOROUGH MP Bruce Saunders is trying to see the silver lining to his government's $100 million mistake as it was revealed faulty trains will continue to be made in India before being modified in Maryborough.

Mr Saunders said more jobs would be in the pipeline after revelations the troubled New Generation Rollingstock will need to be ripped apart in Maryborough before hitting Queensland's railway system.

A major toilet cubicle design flaw in the State Government's $4.4 billion New Generation Rollingstock trains means the carriages will be transported to Maryborough from India to be fixed.

In what is mounting as a farcical situation for the heavily delayed train building contract with Canadian manufacturer Bombardier, southeast Queensland public transport company TransLink has confirmed all 75 trains under the contract will be built in India and shipped to the state with the identified design flaw.

37 trains, which will still be built with problem toilet cubicles, are yet to enter production under the project.

The faulty trains will then be split into individual cars and driven by truck to Maryborough, where the toilets will be modified to meet disability access standards.

It follows a $155 million deal with local manufacturer Downer EDI to fix the trains was announced by the Labor Government two weeks before the 2017 state election.

The money, which included an extra $50 million to fit CCTV screens in the trains for guards, would come from a project contingency fund.

The patch-up funding was trumpeted as a boon for local jobs in the must-win seat of Maryborough

But it was never revealed until now that faulty trains would continue to be built under the plan.

Mr Saunders said the good news was the required work would bring "substantive" jobs back to the job-starved town of Maryborough.

While the train design was approved by the previous LNP administration, the disability sector first alerted the Labor Government to the problems in January 2016.

When asked of the situation, Mr Saunders told the Chronicle it was the LNP that "put the yoke around the taxpayer's neck."

"It wasn't the Labor government, we inherited this contract and design from the previous LNP government," Mr Saunders said.

Transport Minister Mark Bailey's office defended the decision to keep building the trains under the original flawed design, arguing it would work out cheaper.

"It is appropriate to continue building the remaining NGR trains under the existing contract arrangements and then modify them in Queensland, as it more cost-effective and efficient," a spokesman for Mr Bailey said.

"It is also vital for the construction of the NGR trains to continue to ensure the ongoing new supply of trains to SEQ customers and to replace an aging Queensland Rail fleet, while the retrofit is carried out.

"We make no apologies for bringing this work back to Queenslanders and to Maryborough - a city with a proud rail history."

Both parties have blamed each other for the loss of the contract in 2010 when the trains first went out to tender.

But company turmoil, not politics was revealed as the reason for the loss of the Maryborough rail contracts.

Last year, Downer revealed it was forced to pull out of a tender for rail contracts when Premier Annastacia Palaszczuk was Transport Minister for the Bligh Government.

In 2014 LNP Treasurer Tim Nicholls and Transport Minister Scott Emerson announced the trains would be built for half-price by Bombardier in Mumbai.

Issues with braking, disability access and heating systems emerged when the trains returned to Australia under the Palaszczuk government.

The Government would face million-dollar liquidated damages costs if it were held to blame for holding-up production. While the train design was approved by the previous LNP administration, the disability sector first alerted the Labor Government to the problems in January 2016.

Disability advocate Geoff Trappett said that was when the sector saw a mock-up of the trains and the Government was warned the toilets were non-compliant, but it pushed ahead with work.

"People with a disability are disappointed non-compliant trains continue to be built," he said.

"The disability sector is fully in support of an inquiry into how a tender can go so wrong."

[MichaelJ]

Some photos from Good Friday -

Ormeau with EMU 703 https://www.flickr.com/photos/jamesmp/41105274092
Loganlea with EMU 704 https://www.flickr.com/photos/jamesmp/26276770897

[ozbob]

Some photos from Good Friday -

Ormeau with EMU 703 https://www.flickr.com/photos/jamesmp/41105274092
Loganlea with EMU 704 https://www.flickr.com/photos/jamesmp/26276770897

   

[ozbob]

5th March 2018

The Mandarin --> Human Rights Commission: no reason to shield Qld from legal action on trains

The Australian Human Rights Commission is not convinced that it should give the Queensland government a pass for its new-generation trains, which fail to meet accessibility requirements under laws against discrimination.

A preliminary ruling issued on Friday suggests the commission sees no good reason to provide the state with broad protection from legal action over several accessibility failures at this stage. However, it is likely to extend one existing exemption that Queensland Rail has previously received in relation to assistance with boarding, to the new trains until 2020.

The government and other interested parties have until March 16 to submit arguments and views before the final ruling.

State Transport Minister Mark Bailey said the partially complete roll-out would continue and noted the AHRC was only considering "whether people can lodge a complaint or not" under the federal anti-discrimination legislation — and if they can, it could be costly.

The government says it would also be expensive to remove the trains from service while the issues are addressed. It has committed $150 million to a three-year program to fix the problems with the trains, which were commissioned in 2013 by the previous government.

That fact hasn't stopped the opposition from criticising the Palaszczuk government over the procurement failure. Deputy opposition leader Tim Mander suggested three years in government was already plenty of time to fix the mistake that his team left behind. The AHRC takes a neutral line on the political blame game:

    "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 Queensland anti-discrimination commissioner, Kevin Cocks, is not impressed. In January, he argued the exemptions should not be granted, as did nearly all of the submissions to the AHRC.

"It is a grave indictment on the state that a major public works project was procured with apparent disregard for the laws that prohibit discrimination and set out minimum standards for public transport accessibility," he said.

Two of the laws in question — one federal, and one state — have been in effect since 1992, while additional federal regulations were enacted in the Disability Standards for Accessible Public Transport 10 years later.

Cocks said it was "reprehensible" that the original procurement of the "new-generation rolling stock" was allowed to proceed in 2013 without meeting long-standing accessibility requirements.

"And in further defiance and disregard for the law, the NGR trains have been put in use without any rectification work and without the benefit of an exemption granted by the Australian Human Rights Commission."

The government essentially argues that at this point, "the balance of the public interest" favours keeping the trains in service. It is weighing up the costs of the rectification work, and the various costs of taking the trains out of service — including unspecified costs under a confidential public-private partnership deal — until they are fixed.

The AHRC draft ruling states "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" which would mean people with disabilities could make complaints against the state government under the federal legislation.

Presumably, the state government is also factoring the potential costs of compensation into its calculations.

Cocks argued the government had not provided enough detailed information about the design, building, delivery and rectification work — partly because some information was labelled commercial-in-confidence — and has not been clear about exactly what it will do for people with disabilities in the meantime. He wants "alternative arrangements" and a compensation scheme.

"Everyone has the right to use public transport," wrote the Queensland anti-discrimination commissioner.

"Given that non-compliant trains are in use, people with disabilities are already very likely to be experiencing discrimination. The impact on those people must be the primary consideration in resolving the current situation."

Cocks and many others also argued the AHRC should not extend QR's existing exemption related to boarding assistance to the new trains, because they are configured differently to the older trains and would rely more on platform staff.

"Many stations are not staffed, particularly those in outer urban areas or on weekends and public holidays," he said. "Many platforms, even at peak hour times, do not have platform staff waiting for each and every train stopping at a station."

It appears the AHRC does not agree with him on that point. The government explains its arrangements for assisted boarding and alighting, and its take on many other issues, in its February 9 response to the public submissions.

On behalf of the government, the Department of Transport and Main Roads and QR argue the new trains are "substantially accessible" to people with disabilities and maintain that, on balance, Queenslanders of all abilities would be best served by keeping them on the rails.

[ozbob]

Additional staff have been deployed to stations on the Gold Coast line.  Been suggested the additional wage cost of two shifts per week is around $70,000.  Not sure if this model of inflated operating costs is sustainable as NGRs spread out on the network.

[ozbob]

I have a nasty feeling that this is going to mame the Waratahs look like a well managed project...

Best quote for the last 10 years ..

[ozbob]

Brisbanetimes --> Police to start slapping fines on motorists who use special Games lanes

... Mr Bailey confirmed the New Generation Rollingstock trains would continue to run during the Games, despite the Human Rights Commission rejecting an application for a temporary exemption to disability discrimination laws to fix issues including access to toilets for people in wheelchairs.

"The exemption issue was simply about making complaints, it wasn't ever about whether the trains would run or not," he said.

Mr Bailey said he was not aware of any complaints made about the trains. ...

[InclusionMoves]

Absolutely not sustainable and government hasn't committed to anything of the such post Com Games

Geoff

Additional staff have been deployed to stations on the Gold Coast line.  Been suggested the additional wage cost of two shifts per week is around $70,000.  Not sure if this model of inflated operating costs is sustainable as NGRs spread out on the network.

[InclusionMoves]

https://twitter.com/InclusionMoves/status/981298826785955840

Brisbanetimes --> Police to start slapping fines on motorists who use special Games lanes

... Mr Bailey confirmed the New Generation Rollingstock trains would continue to run during the Games, despite the Human Rights Commission rejecting an application for a temporary exemption to disability discrimination laws to fix issues including access to toilets for people in wheelchairs.

"The exemption issue was simply about making complaints, it wasn't ever about whether the trains would run or not," he said.

Mr Bailey said he was not aware of any complaints made about the trains. ...

[ozbob]

^

https://twitter.com/Robert_Dow/status/981300413306580993

[#Metro]

An affected party needs to launch a legal case to go further. If no such party applies, the train continues to run.

[verbatim9]

Just a quick note on the led advertising panels inside the trains. At the moment they are displaying 100% government propaganda. I agree with a bit of Government advertising and community announcements, but it should be a mixture of Government and private advertising. NSW Trains have the same LED panels inside their new trains and will allow private advertising to help subsidise running the trains. Can this be done on our new trains (NGR's) in Queensland?

[ozbob]

An affected party needs to launch a legal case to go further. If no such party applies, the train continues to run.

Standby..

... Mr Bailey said he was not aware of any complaints made about the trains. ...

Strange comment by Minister a number of complaints have already been made. First was 12th December 2017.

[SurfRail]

If by "complaint" he means nobody has approached the courts to seek some kind of relief, then he is probably correct on that very narrow basis only.  Big deal guy.

[InclusionMoves]

Exactly right Metro a number of cases have been started but there are plenty of stages they need to get through (information gathering, evidence collation, mediation etc) before they reach the stage that most people would recognise as the lay mans term of 'legal action'. Advocates rely on pro bono legal support as and when they can get it whereas the gov calls mates at top end of town hence the wheels of justice are slower than I would like.

Geoff

An affected party needs to launch a legal case to go further. If no such party applies, the train continues to run.

[InclusionMoves]

I look forward wholeheartedly to him trying to make that distinction without a difference Surfrail :-)

If by "complaint" he means nobody has approached the courts to seek some kind of relief, then he is probably correct on that very narrow basis only.  Big deal guy.

[Stillwater]

"An affected party needs to launch a legal case to go further. If no such party applies, the train continues to run."

This quote has been lifted straight from the legal advice, expensive legal advice, that the Government has sought about this sad saga.  It shows that their mind is to defend this matter legally and vigorously through the courts.  Of course, the Minister is quoting a legal eagle's interpretation of the DDA, which is correct.

The State of Queensland's focus continues to be on the defence of a position that the AHRC, by and large, has demolished and not on fixing the trains.  No timetable, no plan, no rectification strategy.

It is all about looking good in the eyes of the world during the duration of the Commonwealth Games.  That's it.  After the Games, when the media packs up and goes home, it is back to mediocrity.

[ozbob]

Desperate to cover up their inadequacy  ...

Never mind.

[ozbob]

Interview 4BC Brisbane Live Ben Davis and Geoff Trappett 4th April 2018

> here MP3 9.2 MB

[ozbob]

https://twitter.com/Robert_Dow/status/981407731629387777

[ozbob]

The Premier, Minister for Transport and entourage just traveled from Roma St to Helensvale.  A number of photographs were tweeted on social media.  They traveled not on a NGR but an IMU (160 series).  Probably just random luck I guess.  The train arrived on time at Helensvale.

https://twitter.com/MarkBaileyMP/status/981391297922633728

https://twitter.com/MarkBaileyMP/status/981387976323272704

[ozbob]

Days since NGR 701 towed to Wulkuraka

[ozbob]

The Conversation --> Commonwealth Games have better integrated para-sports, but society needs to catch up

The Gold Coast Commonwealth Games 2018 is the largest major sporting event to integrate para-sports. But the inclusiveness of the Games only highlights the challenges of the everyday lived experience of people with disabilities in Australia and the other 72 countries competing.

Australia's best known para-sport athlete, Kurt Fearnley, identified the introduction of the wheelchair marathon (for T54 classified atheletes) as the perfect swansong to his illustrious career.

Fearnley and the more than 300 other para-athletes are well catered for within the sport arenas, Commonwealth Games village, transport arrangements and official functions.

But what of the thousands of friends, family, officials and spectators whose access needs are not catered for in the surrounding communities?

Right on the doorstep of the Games, for example, Queensland Rail's newly acquired A$4.4 billion trains have inaccessible bathrooms and walkways. Not to mention a lack of staff support when people with access needs are boarding.

This is just one example of the institutionalised discrimination in the everyday lives of people with disability in Australia and around the world.

As outlined by the Commonwealth Games program, these Games have shown an outstanding commitment to the expansion of para-sports. The 38 medal events being contested represent a 73% increase from the Glasgow Commonwealth Games 2014.

Along with this increase in events is a 45% rise in the number of athletes competing across seven sports, including swimming, javelin, cycling (track), lawn bowls, table tennis, triathlon and power-lifting.

The overall responsibility for accessibility and inclusion of the athlete experience has been integrated as part of the broader sustainability program of the games.

The sustainability program clearly states the importance of accessibility for the athletes in a sporting context and the Commonwealth Games Village. But it also emphasises the importance of accessibility for all those attending any of the events:

Providing a safe and enjoyable experience for all, ensuring all competition venues will be accessible for people with mobility and other impairments and providing a range of accessible facilities and services.

In February 2017 the GC2018, Gold Coast Tourism and Gold Coast City Council hosted a community forum that sought to encourage the tourism industry to leverage the Games well beyond the closing ceremony.

That forum can be thought of as an extension of the International Paralympic Committee's objective of an "accessibility legacy" for host cities and destinations.

Building on the integrated inclusiveness of the previous five integrated Commonwealth Games the Gold Coast has raised awareness for providing accessibility across disability dimensions for the event, such as mobility, hearing and vision, but potentially raised the expectations of an ongoing legacy in the community and those visiting the Gold Coast requiring accessible accommodation.

Simultaneously, the Queensland government launched a guide, Inclusive Tourism: Making Your Business more Accessible and Inclusive, for business.

This guide was later supported with research, Accessible Tourism in Victoria and Queensland, carried out in conjunction with Tourism Research Australia, which valued the market at A$8 billion annually.

However, even before the opening ceremony the disregard for people with disabilities in other areas of life had tarnished the tremendous efforts by the organising committee and the Queensland government.

To achieve an accessibility legacy for all beyond the life of the event requires all levels of government and the private sector to be involved, in areas such as urban planning, transport and development, to ensure there are continuous paths of travel for people with disabilities.

People with disabilities have the same right, and the same interest as others, in being able to access buildings, buses and bars in order to participate fully in all aspects of life.
Disregard for people with disabilities

Disability advocacy groups, individuals with disabilities and law firms were outraged that Queensland Rail's new trains did not meet the Disability Discrimination Act's standards, despite six years of planning.

Rectifying this has been estimated to cost A$150 million, which Queensland Rail has said would come from its contingency budget.

The State of Queensland and Queensland Rail had made a joint application for a temporary exemption from the Australian Human Rights Commission from the Disability Discrimination Act and the Disability Standards for Accessible Public Transport to carry out its works. The Australian Human Rights Commission refused the exemption request.

Leaving aside the technicalities of the accessibility of trains, this case signifies that a major state government, its rail provider, as well as previous governments of both major party political persuasions, did not value the citizenship rights of people with disabilities.

Transport is the lifeblood of social participation, whether that is going to a major sport event, getting an education, or keeping a job.

That the trains did not meet the Disability Discrimination Act (in place since 1993), and the specifics of the Disability Standards for Accessible Public Transport (in place since 2002), was aptly described as Twitter lit up as a "debacle".

Para-athletes whose elite athletic experiences can be some of the most inclusive on offer are still subject to all forms of discrimination that the community of people with disabilities regularly face beyond the major sport event experience.

This was nowhere more evident than the experiences of wheelchair racer Nikki Emerson on an Emirates flight to the Games. Emerson was made to wait an hour to access the toilets as a member of the cabin staff challenged her right of "climbing on the floor" to get to the toilet as it "upset other passengers".

These examples suggest that people with disability live in a world where some experiences and activities (like a major sport event) are valued as they signify to the world that the Gold Coast, Queensland and Australia are fair and equitable.

Yet the everyday lived experiences suggest an ongoing struggle for fair treatment in all areas of citizenship.

It's so frustrating when we see the political will to deliver an inclusive major sport event when the eyes of the world are watching.

[ozbob]

11th April 2018

NGR trains non compliance is not going away ...

Good Morning,

The non compliance of the New Generation Rollingstock trains is not going away any time soon. The State of Queensland's reputation is increasingly being shredded.  No clear rectification plan yet?  Time is marching on ...

The Conversation --> Commonwealth Games have better integrated para-sports, but society needs to catch up

The Gold Coast Commonwealth Games 2018 is the largest major sporting event to integrate para-sports. But the inclusiveness of the Games only highlights the challenges of the everyday lived experience of people with disabilities in Australia and the other 72 countries competing.

Australia's best known para-sport athlete, Kurt Fearnley, identified the introduction of the wheelchair marathon (for T54 classified atheletes) as the perfect swansong to his illustrious career.

Fearnley and the more than 300 other para-athletes are well catered for within the sport arenas, Commonwealth Games village, transport arrangements and official functions.

But what of the thousands of friends, family, officials and spectators whose access needs are not catered for in the surrounding communities?

Right on the doorstep of the Games, for example, Queensland Rail's newly acquired A$4.4 billion trains have inaccessible bathrooms and walkways. Not to mention a lack of staff support when people with access needs are boarding.

This is just one example of the institutionalised discrimination in the everyday lives of people with disability in Australia and around the world.

As outlined by the Commonwealth Games program, these Games have shown an outstanding commitment to the expansion of para-sports. The 38 medal events being contested represent a 73% increase from the Glasgow Commonwealth Games 2014.

Along with this increase in events is a 45% rise in the number of athletes competing across seven sports, including swimming, javelin, cycling (track), lawn bowls, table tennis, triathlon and power-lifting.

The overall responsibility for accessibility and inclusion of the athlete experience has been integrated as part of the broader sustainability program of the games.

The sustainability program clearly states the importance of accessibility for the athletes in a sporting context and the Commonwealth Games Village. But it also emphasises the importance of accessibility for all those attending any of the events:

Providing a safe and enjoyable experience for all, ensuring all competition venues will be accessible for people with mobility and other impairments and providing a range of accessible facilities and services.

In February 2017 the GC2018, Gold Coast Tourism and Gold Coast City Council hosted a community forum that sought to encourage the tourism industry to leverage the Games well beyond the closing ceremony.

That forum can be thought of as an extension of the International Paralympic Committee's objective of an "accessibility legacy" for host cities and destinations.

Building on the integrated inclusiveness of the previous five integrated Commonwealth Games the Gold Coast has raised awareness for providing accessibility across disability dimensions for the event, such as mobility, hearing and vision, but potentially raised the expectations of an ongoing legacy in the community and those visiting the Gold Coast requiring accessible accommodation.

Simultaneously, the Queensland government launched a guide, Inclusive Tourism: Making Your Business more Accessible and Inclusive, for business.

This guide was later supported with research, Accessible Tourism in Victoria and Queensland, carried out in conjunction with Tourism Research Australia, which valued the market at A$8 billion annually.

However, even before the opening ceremony the disregard for people with disabilities in other areas of life had tarnished the tremendous efforts by the organising committee and the Queensland government.

To achieve an accessibility legacy for all beyond the life of the event requires all levels of government and the private sector to be involved, in areas such as urban planning, transport and development, to ensure there are continuous paths of travel for people with disabilities.

People with disabilities have the same right, and the same interest as others, in being able to access buildings, buses and bars in order to participate fully in all aspects of life.
Disregard for people with disabilities

Disability advocacy groups, individuals with disabilities and law firms were outraged that Queensland Rail's new trains did not meet the Disability Discrimination Act's standards, despite six years of planning.

Rectifying this has been estimated to cost A$150 million, which Queensland Rail has said would come from its contingency budget.

The State of Queensland and Queensland Rail had made a joint application for a temporary exemption from the Australian Human Rights Commission from the Disability Discrimination Act and the Disability Standards for Accessible Public Transport to carry out its works. The Australian Human Rights Commission refused the exemption request.

Leaving aside the technicalities of the accessibility of trains, this case signifies that a major state government, its rail provider, as well as previous governments of both major party political persuasions, did not value the citizenship rights of people with disabilities.

Transport is the lifeblood of social participation, whether that is going to a major sport event, getting an education, or keeping a job.

That the trains did not meet the Disability Discrimination Act (in place since 1993), and the specifics of the Disability Standards for Accessible Public Transport (in place since 2002), was aptly described as Twitter lit up as a "debacle".

Para-athletes whose elite athletic experiences can be some of the most inclusive on offer are still subject to all forms of discrimination that the community of people with disabilities regularly face beyond the major sport event experience.

This was nowhere more evident than the experiences of wheelchair racer Nikki Emerson on an Emirates flight to the Games. Emerson was made to wait an hour to access the toilets as a member of the cabin staff challenged her right of "climbing on the floor" to get to the toilet as it "upset other passengers".

These examples suggest that people with disability live in a world where some experiences and activities (like a major sport event) are valued as they signify to the world that the Gold Coast, Queensland and Australia are fair and equitable.

Yet the everyday lived experiences suggest an ongoing struggle for fair treatment in all areas of citizenship.

It's so frustrating when we see the political will to deliver an inclusive major sport event when the eyes of the world are watching.

Best wishes,
Robert

Robert Dow
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