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Transport for People with Disabilities
The Australian Government sees people with disability living in accessible and well designed communities with opportunity for full inclusion in social, economic, sporting and cultural life. This includes the provision of a public, private and community transport system that is accessible for the whole community. Its National Disability Strategy launched 21 March 2011 will guide public policy across governments to ensure that people with disability have the same opportunities as other Australians.
Supporting the National Disability Strategy (NDS) 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-General's Department.
Currently, two disability standards have been formulated, one of which is the Disability Standards for Accessible Public Transport 2002. (The other is the 2010 Premises Standards)
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 and Transport 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.
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 first five year review has been undertaken by an independent consultant, Allen Consulting Group, oversighted by a Steering Committee of senior officials. The final Review report and Government response were publically released by the Commonwealth Minister for Infrastructure and Transport, Attorney-General and Parliamentary Secretary for Disabilities and Carers on 3 June 2011.
As indicated in the Government Response, responsibility for implementing agreed actions and preparing further policy and regulatory material for consideration and decision by Ministers, will likely rest with the existing consultative bodies that have been established by the Australian Transport Council—the Accessible Public Transport Jurisdictional Committee (APTJC) and the Accessible Public Transport National Advisory Committee (APTNAC). Consideration is currently being given to the details of the mechanisms and processes by which the response will be progressed.
For information on the Review please contact the Department via the Secretariat mailbox at: DisabilitiesTransportAccessSecretariat@infrastructure.gov.au
