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Compliance With the Disability Discrimination Act Within the Bus Industry

The Commonwealth Disability Discrimination Act (DDA) aims to ensure people with disabilities do not suffer discrimination when accessing services. It also provides for the introduction of Standards, which further define compliance requirements for public transport services.

In relation to the bus industry, the Standards ensure information, infrastructure, bus stops, and bus and coach services meet the needs of people with disabilities. Dedicated school services that have specific buses allocated to them are not required to comply with the Standards. However, all new buses must comply with the Standards, which will see non-compliant buses eventually phased out of service.

The NSW legislation relating to accessible services is the Disability Services Act (1993), which requires public authorities to prepare an action plan to ensure compliance with the Commonwealth Standards. Most importantly, the Act specifies that persons with disabilities must participate in decisions that affect their lives. Thus, stakeholder consultation is an additional legislative requirement.

The NSW policy framework for accessible services ensures the Government measures and reports on its progress in meeting the Standards. The policy framework also provides a guideline to agencies on how to prepare a disability action plan.

The Accessible Transport (Disability) Action Plan outlines the actions the transport agencies will take in order to meet the compliance dates of the Commonwealth legislation. It is important to note that the action plan is a working document and can be expanded by the Ministry at any time, in consultation with the agencies and people with disabilities.

Disability action plans are a contractual requirement of bus operators. Guidelines have been prepared by the Bus and Coach Association, in collaboration with the Ministry, to provide information on how to prepare such plans. The preparation of an action plan is not compulsory under the Commonwealth legislation. However, compliance with the Commonwealth Standards by the dates specified is compulsory.

Compliance deadline

The first compliance deadline of the Standards is 31 December 2007. By this time, the bus industry will be required to ensure information about bus services is 100% accessible (except at bus stops) to people with disabilities. The Ministry's action plan aims to assist the agencies and operators to meet this requirement by listing actions to make information 100% accessible via websites, telephone, signage, voice announcements, timetables, bus stop unique identifiers and guidelines for way-finding.

By October 2007, 25% of infrastructure, bus stops, bus and coach services will need to be compliant with the Standards. The Ministry's action plan aims to assist the agencies and operators to meet this requirement by listing actions to make vehicles, timetabled services, infrastructure and bus stops accessible.

Stakeholders have indicated their interest in obtaining a status report on the bus industry's progress towards compliance with the Standards. Ministry representatives plan to provide information about the action plans and the industry's commitment to meeting the compliance dates. A schedule showing compliance of public transport with DDA requirements is in the Accessible Transport Action Plan.

A question and answer sheet has been prepared for issue to Ministry Transport planning and bus contract staff, for their information when discussing DDA requirements with bus operators. It is intended to raise compliance matters at operator meetings over the next 18 months, particularly through the integrated network planning process.

Complaints

The Ministry's Strategic Policy and Projects group manages the DDA transport action plan, the Transport Planning group designs networks with the operators that take into account the DDA requirements and the Operations group manages operator compliance.

Complaints against a service provider may be lodged with the Human Rights and Equal Opportunity Commission (HREOC) for conciliation. Should this process not reach a satisfactory outcome for the complainant, the complaint may be taken to the Federal Court, who may make orders to direct the operator not to repeat or continue the unlawful discrimination, and to pay damages. This may include a requirement to retrofit facilities.

While the Standards state that it is not unlawful for an operator to fail to comply if compliance would impose unjustifiable hardship, it is not enough for an operator to claim unjustifiable hardship alone. An operator must also be able to demonstrate genuine efforts to remove barriers preventing access, which is best achieved through an action plan.