Making public transport accessible

People with a disability are constantly confronted by systems built without them in mind, denying them full participation in society. Our leading disability discrimination practice has driven breakthrough reform to make public transport more accessible for everybody.

You can also see our record on improving the accessibility of air travel.

Independent train travel for people who are blind or vision impaired

For almost two years, Graeme Innes AM urged RailCorp NSW to get serious about its obligations towards Sydney’s rail passengers who are blind or vision-impaired by ensuring that its trains provide audible ‘next stop’ announcements.

As Graeme, who is blind, told the media, ‘all I’m asking is that they tell me where I am’.

When his complaints and representations to the relevant Minister and Department were unsuccessful, Graeme commenced action against RailCorp. While Graeme was Australia’s Disability Discrimination Commissioner at the time, he took action in a personal capacity.

Represented by the Justice and Equity Centre (then PIAC), Graeme argued that the failure to make audible announcements on 36 train journeys between 28 March 2011 and 9 September 2011 was unlawful discrimination.

The Federal Magistrates Court found RailCorp had breached the Disability Discrimination Act, as ensuring all passengers knew their whereabouts at any point on a journey was an essential part of the transport service they provided. 

Following the Court’s decision, a number of other complaints made against Sydney Trains (a subsidiary of RailCorp) by Graeme also settled through conciliation.

The case brought significant improvements to the frequency and audibility of on-train ‘next stop’ announcements. It also led to a commitment by Sydney Trains to improve communication with people who are blind or vision impaired about changes and developments on the rail network.

As well as continuously monitoring and reporting the quality of audible announcements on their network, Sydney Trains agreed to provide ongoing information and reports about their train network to peak groups, including Guide Dogs NSW/ACT, Blind Citizens NSW and Vision Australia.

Safer taxi travel for wheelchair users

The Centre (as PIAC) successfully represented Greg Killeen in a landmark case that ensured ‘wheelchair-accessible taxis’ are genuinely accessible for wheelchair users.

Accessible public transport is crucial to people with disabilities. However, many taxis licensed in NSW as ‘wheelchair-accessible taxis’ were unsafe for wheelchair passengers and too small to access. Taxi doors failed to close properly and access ramps intruded into the passenger seating space.

Greg sued the Director-General of the NSW Department of Transport and Infrastructure, and two taxi companies, Combined Communications Network and Austaxi Group, over their failure to provide wheelchair accessible taxis that complied with minimum legal standards.

In January 2011, the Federal Court found the Disability Standards for Accessible Public Transport 2002 had been breached. As a result, the Department of Transport issued a new Wheelchair Accessible Taxi Measurement Protocol, increasing the minimum amount of useable space required for all new wheelchair accessible taxis.

Before the proceedings, we also secured a costs cap of $45,000 on behalf of Mr Killeen, which limited the costs that could be ordered against him if he lost the case, and indemnity funding from litigation funders IMF (Australia) and Spinal Cord Injuries Australia, who agreed to pay up to $45,000 if an adverse costs order was made against Greg. This costs protection and support was crucial to facilitating the litigation.

More wheelchair accessible buses

We successfully represented wheelchair user Julia Haraksin in a three-year legal battle that drove improvements in the availability of accessible buses.

In August 2009, Julia tried to book a seat on a bus between Sydney and Canberra. The bus operator, Murrays Australia Ltd (Murrays), told her they did not have any wheelchair accessible buses and so could not accept her booking. Instead, Julia’s husband took time off from work to drive her to Canberra, where she delivered a paper at a conference.

Represented by the Centre (as PIAC), Julia took the case to the Federal Court, seeking orders requiring Murrays to modify their vehicles to make them accessible to people using wheelchairs.

Our case argued that Murrays were in breach of the national Disability Standards for Accessible Public Transport 2002 (Disability Standards). At the time, the Disability Standards required that 25 per cent of existing transport operator fleets be accessible by 2007 and that all newly purchased public transport vehicles be wheelchair accessible. By 2012, 55% of a transport operator’s fleet had to be accessible.

In March 2013, the Federal Court determined that Murrays, which had a fleet of 154 vehicles, were in breach of the Disability Standards and had directly discriminated against Julia. The Court ordered that Murrays ensure at least 55% of its fixed route services between Sydney and Canberra be wheelchair accessible, unless it was unable to do so because of factors beyond Murrays’ control.

As Julia told the media, the decision ‘puts all public transport operators in Australia on notice’.

Early in the proceedings, Julia applied for a cost cap to set an upper limit to the legal costs she would incur if she failed in her claim. Murrays opposed the cost cap application.

The Federal Court’s support for a cost cap had national ramifications for public interest litigation.

In delivering his ruling setting the cap at $25,000, Justice Nicholas said ‘the interests of justice’ favoured making the order. ‘I am satisfied that there is a public interest element in this case. And I am also satisfied that the case is brought by the applicant in good faith.’

Media Coverage

Innes v RailCorp

Sydney Morning Herald, Disability case costs RailCorp $420,000, 29 March 2013

ABC Radio National Law Report, Disability commissioner wins case against trains, 5 February 2013

Nine News, Railcorp found guilty of discrimination, 1 February 2013

News.com.au, RailCorp loses 18-month court case against federal Disability Discrimination Commissioner Graeme Innes, 1 February 2013

Sydney Morning Herald, RailCorp discriminates against blind, court finds, 1 February 2013

Herald Sun, RailCorp in Court on Discrimination Claims, 10 August 2012

ABC Online, RailCorp in court over garbled announcements, 10 August 2012

Sydney Morning Herald, Railcorp to explain poor announcements, 2 March 2012

Killeen v Combined Communications Network

Sydney Morning Herald, NSW wheelchair user wins taxi battle, 30 March 2011