Frequently Asked Questions About Accessible Transport Issues
The questions and answers listed below have been prepared to offer guidance when considering accessible transport issues.
What legislation relates to accessible transport for buses?
- Commonwealth - Disability Discrimination Act (1992)
- Commonwealth - Disability Discrimination Regulations (1996)
- Commonwealth - Disability Standards for Accessible Public Transport (2002)
- State - Disability Services Act (1993)
- State - NSW Government Disability Policy Framework (December 1998)
What industry documents are available?
- NSW Accessible Transport Action Plan (June 2005)
- BCA - Action Plan Guidelines
- Operators - Individual Operator Action Plans
What do I need to know about Commonwealth legislation?
The Commonwealth legislation relating to accessible transport is the Disability Discrimination Act (1992), which aims to eliminate discrimination in order to ensure people with disabilities do not suffer discrimination when accessing services. It also aims to promote recognition and acceptance of people with disabilities within the community.
The Act also provides for the introduction of Standards, which further define compliance requirements for public transport services. The Disability Standard for Accessible Public Transport were ratified as part of the Act in 2002. The compliance table on the following page outlines the principal requirements for buses. .
What are the dates for compliance with the Commonwealth Standards?
| Aspect of service | 5yrs % 2007 | 10yrs % 2012 | 15yrs % 2017 | 20yrs % 2021 |
|---|---|---|---|---|
| Information | 100* | |||
| Infrastructure** | 25 | 55 | 90 | 100 |
| Bus stops | 25 | 55 | 90 | 100 |
| Bus services | 25 | 55 | 80 | 100 |
| Coach services | 25 | 55 | 90 | 100 |
* Except bus stops
**Vending machines, gateways, surfaces, handrails and grab rails must
be 100% compliant after 10 years.
What are the risks of non-compliance with the Standards?
Regulation of the Standards is complaints-based as there is currently no assessment for compliance. However, a complaint 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.
Can an operator refuse to comply?
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. This is best done by preparing an action plan. An action plan is recommended by the Disability Discrimination Act to develop and communicate strategies to remove discrimination from the provision of services.
The Standards also provide for exemptions for periods up to five years. Applications can be made to HREOC if an operator is not able to fully comply with disability standards within the compliance timeframe. The short-term nature of exemptions means that service providers will need to comply with the Standards when the term of the exemption is complete (or apply for a further exemption).
HREOC has advised that 'unjustifiable hardship' cannot be used for a temporary exemption from the Standards as it suggests that compliance may never take place. Exemption applications should only be made if it is anticipated that compliance will be delayed.
What do I need to know about NSW legislation?
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 removes discrimination from their service provision and specifies that persons with disabilities must participate in decisions that affect their lives. Thus, the act prescribes consultation must occur during the planning for and operation of transport services. The Act's requirements are embodied in the NSW Disability Policy Framework 1998.
What do I need to know about the NSW Policy Framework?
The NSW Disability Policy Framework aims to achieve a planned, coordinated approach to service provision for people with disabilities. It also aims to create and promote opportunities, services and facilities that enable people with disabilities to participate in the wider community and to attain a better quality of life. It allows the Government to measure and report on its progress in improving accessibility for people with disabilities. The policy framework provides guidelines on agencies on how to prepare a Disability Action Plan.
What do I need to know about the Accessible Transport Action Plan for NSW transport agencies?
The Accessible Transport Action Plan outlines the actions the transport agencies will take in order to meet the compliance dates listed in the Commonwealth legislation. The Action Plan lists the barriers people with disabilities face when attempting to access public transport and the strategies that will be put in place in order to remove those barriers.
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 agencies and people with disabilities.
What do I need to know about the BCA Guidelines?
The BCA Guidelines were prepared in collaboration with the Ministry in order to provide a guideline to bus and coach operators on how to prepare their Disability Action Plans. A key part of the Guidelines is the requirement of consultation with people with disabilities and the ongoing evaluation and review of the action plan.
What do I need to know about operator action 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. The NSW Government encourages the preparation of Action Plans to ensure a planned, budgeted and coordinated approach to meeting the Standards. Bus operators on new metropolitan bus system contracts are required to prepare action plans.
Are there any exceptions?
Dedicated school services that have specific buses allocated to service those routes are not required to comply with the Standards. However, all new buses must comply with the Standards. Thus, non-compliant buses will eventually be phased out of service.
Where can I get further information about accessible transport matters?
More information about accessible transport in NSW is available from the accessible transport page of this website.
