Transport for People with Disabilities

The Commonwealth Disability Discrimination Act 1992 (DDA) prohibits both direct and indirect discrimination on the grounds of disability, both to the person with a disability as well as family members, carers and friends.

The DDA allows disability standards to be formulated in a range of areas. The purpose of disability standards is to spell out in greater detail rights and obligations under the DDA, providing greater certainty about the Act's requirements. For more information on the DDA refer to the Attorney-Generals Department.

Currently, two disability standards have been formulated, one of which is the Disability Standards for Accessible Public Transport 2002.

Disability Standards for Accessible Public Transport 2002, as amended

The Disability Standards for Accessible Public Transport 2002 (Transport Standards) as amended, are formulated by the Attorney-General under subsection 31 (1) of the DDA.

The Minister for Infrastructure, Transport, Regional Development and Local Government has responsibility for providing public transport policy advice on the Transport Standards.

The Transport Standards were initially released on 23 October 2002 and subsequently amended by the Disability Standards for Accessible Public Transport Amendment 2004 (No.1) on 2 April 2004 and the Disability Standards for Accessible Public Transport Amendment 2004 (No.2) on 11 May 2005.

The Transport Standards seek to provide a level of certainty to operators and providers of public transport conveyances, premises and infrastructure about their responsibilities under the DDA. The Transport Standards also identify a series of target dates for compliance extending over a 30 year timeframe. The first target date for compliance was 31 December 2007.

The Accessible Public Transport National Advisory Committee and Accessible Public Transport Jurisdictional Committee are forums to discuss the implementation of the Transport Standards.

Review of the Transport Standards

Part 34 of the Transport Standards requires the Minister, in consultation with the Attorney-General, to review the efficiency and effectiveness of the Transport Standards within five years of their coming into effect. The Review must include whether discrimination has been removed as far as possible, according to the requirements for compliance set out in Schedule 1 and propose any necessary amendments to the Transport Standards.

The Request for Tender (RFT) for a consultant to undertake the Review was lodged on the AusTender website on 16 January 2007. Subsequently, the Department signed a contract with Allen Consulting Group on 24 April 2007. An issues paper and invitation for submissions were released on 24 May 2007. Public hearings were held in July-August 2007, and public submissions were received up to 14 September 2007.

A draft report based on extensive consultation was released for stakeholder comment on 8 January 2008, with comments to be provided to the consultant by 31 March 2008.

The consultant will take account of these comments in preparing a final report for consideration by the Australian Government.

The consultancy is being overseen by a Steering Committee comprising officers of the Department of Infrastructure, Transport, Regional Development and Local Government and the Attorney-General's Department.

The dedicated website for the Review can be accessed through the following link http://www.ddatransportreview.com.au

For information on the Review please contact Mr Geoff Johnston on (02) 6274 7481.

Compliance with the Transport Standards

Schedule 1 of the Transport Standards outlines target dates for compliance. Some areas require 100% compliance by 31 December 2007.

Compliance data is collected at a State and Territory level and is based on the relevant Transport Minister's portfolio responsibilities.

Information from the following jurisdictions is currently available:

• Australian Capital Territory
• New South Wales
• Northern Territory
• Queensland
• South Australia and Part 2
• Victoria
• Western Australia
• Tasmania

Links to this information are also available from Australian Human Rights & Equal Opportunity Commission HREOC.

Accessible Public Transport National Advisory Committee

The Department established the Accessible Transport Standards Consultative Committee framework in March 2001 to progress the technical review of the Transport Standards. This committee was subsequently replaced by the Accessible Public Transport National Advisory Committee (APTNAC) in March 2003.

APTNAC provides a consultative framework to progress specific national accessible transport issues and through the Department, reports on its activities within the Australian Transport Council (ATC) framework. The Committee meets twice a year and has subcommittees responsible for various elements of the work programme.

The membership of APTNAC comprises representatives from peak industry bodies [the Bus Industry Confederation, Australian Taxi Industry Association, Australasian Railway Association, Qantas, Virgin Blue, Australian Airports Association, Regional Aviation Association of Australia and the International Association of Public Transport], the disability community [the National Disability and Carer Ministerial Advisory Council and the Australian Federation of Disability Organisations], all State and Territory Governments, the Australian Local Government Association and Department of Infrastructure, Transport, Regional Development and Local Government. HREOC and the Attorney-General's Department (AGD) have observer status at the meetings. Representatives of other organisations may be invited to attend specific meetings to provide specialist input to discussions.

Contact details for members of APTNAC can be obtained from the APTNAC Secretariat on 02 6274 8106.

APTNAC has produced the following documents:

• 'Hearing Augmentation - A guide for meeting the Disability Standards for Accessible Public Transport 2002 and
• a 'Safer Travel for Passengers using Mobility Aids on Public Transport' brochure. The brochure has been distributed by all jurisdictions to manufacturers and prescribers of mobility aids, service providers and the disability sector.

Accessible Public Transport Jurisdictional Committee

The Accessible Public Transport Jurisdictional Committee (APTJC) was also established in conjunction with APTNAC in March 2003 and provides a forum for State and Territory and Australian Governments to co-ordinate governments' positions on issues raised on the Transport Standards and at APTNAC meetings. In addition, it reports on its activities within the ATC framework. APTJC has also been tasked with providing cross-jurisdictional transport advice to HREOC on applications for exemptions from the Transport Standards.

APTJC membership includes representatives from State and Territory Transport or equivalent Departments, Department of Infrastructure, Transport, Regional Development and Local Government and AGD (which has observer status at the meetings).

Contact details for members of APTJC can be obtained from the APTJC Secretariat on 02 6274 8106.

Screening Tips for People with Disability Travelling by Air

Security Acts have progressively strengthened Australia's aviation security measures at capital city and many regional airports. The measures impact on all people travelling by air, including people with disability. It is, therefore, important that people with disability are aware of the screening procedures.

Information that relates specifically to people with disability is provided below. The information is provided for general information and guidance only and is not to be read or used as a substitute for legal advice.

Screening tips for People with Disability

General

• Screening officers are trained and instructed in special screening of people with disability.
• As your screening may be more involved, please allow more time for the screening and proceed early to the screening points.
• Advise the screening officer of your disability allowing the officer to respond appropriately. This may involve the screening taking place in a separate area or room by an officer of the same sex as you.
• A screening officer may request, but not require, you to remove items of clothing. This screening can take place in the separate area. If the screening officer cannot screen you properly, you may not be allowed to pass through the screening point.
• Screening officers should not use force or subject you to greater indignity than is necessary and reasonable.
• If you are travelling with a carer, the screening officer should advise the carer of the screening procedure.

Special Screening arrangements

• If you can walk without the assistance of a walking device you are required to walk through the walk-through metal detector. A carer may assist you to walk through the detector. The carer will be screened before you proceed through the metal detector.
• If you cannot walk without assistance and you are not travelling with a carer you will be screened with a hand-held metal detector while seated on a plastic chair.
• If you can stand, but not walk, you will be asked to stand away from your mobility device for screening to be conducted. You will be screened with a hand-held metal detector.
• If the above is not possible and you are not able to move from your wheelchair, you will be searched in a private room by the screening officer with your consent. Your devices and carry-on baggage will be screened with a hand-held device or searched if they cannot be screened by the walk-through metal detector.
• Screening officers are instructed on how to assist people with a hearing impairment and provide clear and simple information and verbal directions.
• If you have a prosthetic device, a body brace or other medical devices please advise the screening officer.
• You do not have to remove the device for the purpose of the screening which can take place in a private room. The screening officer will conduct a visual inspection and a frisk search of the device. Tools and appliances used to put on or take off a prosthetic device etc. also need to be screened.
• Screening officers are not to touch any wires, ventilators, oxygen tanks, batteries, battery chargers or other life sustaining equipment on or around you.
• If you have a vision disability, the screening officer will advise you of the screening process. You are not required to separate from your assistance animal at any time. Your assistance animal's harnesses and equipment are not to be removed. Personal effects (e.g. Braille note takers) will be screened like all other sensitive electronic devices, e.g. lap top computers.
• If you have a pacemaker or implanted cardioconverter defibrillator, please advise the screening officer to avoid being requested to walk through a walk-through metal detector or scanned with a hand-held metal detector.
• If you have other medical devices that cannot be seen, e.g. insulin pump, you should advise the screening officer.