Reform of the Disability Standards for Accessible Public Transport 2002 (Transport Standards)
The Department of Infrastructure, Transport, Regional Development and Communications and the Queensland Department of Transport and Main Roads are leading a process to reform the Transport Standards to ensure they remain efficient and effective, are fit for purpose and meet the current needs of Australian society.
Stage one of the reform process identifies 16 areas of reform, as well as amendments to references of the Australian Standards, based on consultation with the disability community, governments and the public transport industry
A Consultation Regulation Impact Statement (Consultation RIS) was released on 12 February 2021. The purpose of the Consultation RIS was to canvass the options for the reform areas in order to determine the relative costs and benefits of these options. The reforms aim to deliver updated and modernised standards with the removal of discrimination against people with disability as the central focus. The full Consultation RIS and a summary are available here:
- Reform of the Disability Standards for Accessible Public Transport: Consultation Regulation Impact Statement DOCX: 1512 KB PDF: 1848 KB
- Consultation Regulation Impact Statement Summary DOCX: 112 KB PDF: 198 KB
Have your say
The Department sought public feedback on whether the proposed reform options will improve public transport accessibility for people with disability and enhance the public transport experience for all Australians.
For more information on the consultation process, see the have your say page.
The Department’s process to reform the Transport Standards is ongoing. Stage two of the reform process is currently underway, with further areas of reform to be identified in the coming months.
As part of this ongoing reform process, the Department is working with iMOVE and La Trobe University on the Australia’s Public Transport Disability Standards and CAVs project. This project will:
- Examine if and how connected and automated vehicle (CAVs) modes and services can be incorporated into the Disability Standards for Accessible Public Transport 2002 (Transport Standards) to deliver access to our cities and regions for people with disability;
- Clarify the extent to which the current Transport Standards can integrate CAVs and associated technologies;
- Assess the requirements that people with disability will have with these emerging technologies and inform the defining of a framework; and
- Recommend amendments that can be implemented through the current reform process to the Transport Standards
More information about the project is available on the iMOVE website.
The second review of the Transport Standards found they may not be meeting the current and future needs of people with disability or provide sufficient flexibility or guidance to providers and operators in their efforts to fulfil their obligations under the Disability Discrimination Act 1992. The modernisation of the Transport Standards led by National Accessible Public Transport Advisory Committee (NAPTAC) has been ongoing since 2015. This initial approach was segmented and focused on industry perspectives for amendments to the existing prescriptive framework. The new reform approach will learn from that modernisation process and re-purpose the work in line with a broader reform strategy to ensure that removing discrimination against people with disability is the central focus and the full spectrum of solutions for reform can be considered.
At the former Transport and Infrastructure Council meeting on 2 August 2019, Ministers endorsed a forward work program for reforms to the Transport Standards. The Queensland and Australian Governments are working together to progress reforms through the National Accessible Transport Taskforce and National Accessible Transport Steering Committee. Initial amendments are expected to be ready in late 2021, with legislative amendments for an extensively revised version of the Transport Standards expected to be finalised by 2023. The National Accessible Transport Taskforce will provide regular online updates as the reforms progress. In 2020, the Australian Government delivered improved guidance on how to use existing equivalent access provisions in the Transport Standards.
Guiding principles for the reform
For the first time since the Transport Standards were developed in 2002, Ministers endorsed principles to guide the reform process. This will ensure all jurisdictions and the Australian Government are working together to achieve common goals as the legislation is updated. The principles place people with disability front and centre of the new reform process, recognising that access to public transport is a right for people with disability and is not just about being compliant with standards but about providing an ongoing service for people with disability.
The four guiding principles for the reforms are:
- People with disability have a right to access public transport
The Disability Standards for Accessible Public Transport pursue the removal of discrimination against people with disability first and foremost. The reform process pursued must place people with disability at the centre of their consideration.
- Accessibility is a service, not an exercise in compliance
An accessible public transport network anticipates and responds to the varying needs of its customers with disability. This requires thinking beyond compliance with minimum standards and toward a focus on accessibility as a service. The reform process should be open to engaging with opportunities to develop best practice, rather than minimum prescriptive standards.
- Solutions should meet the service needs of all stakeholders and be developed through co design
The new approach should learn from the past modernisation process which primarily focussed on the current individual standards and how they can be amended. This limited the range of solutions to those that fit within the existing framework. The new approach should be open to considering performance-based standards and/or functional outcomes; jurisdictional and modal specific standards; prescriptive standards; or other innovative solutions.
- Reforms should strive for certainty
Certainty, both legal and in relation to service provision, is important for all stakeholders. However, transport operators and providers who take only a minimum standard interpretation of the Transport Standards in fact face greater risk of failing to meet the objectives of accessible public transport. This is because minimum standards do not always achieve the best functional outcomes for people with disability and can result in an unintended discriminatory outcome.
Governance arrangements for the reform
The National Accessible Transport Steering Committee (Steering Committee) oversees the reform at high level and ensures a national perspective is provided to the work. This acknowledges that the Disability Discrimination Act 1992 and its accompanying disability standards, as maintained by the Australian Government, are the primary legal force for the elimination of disability discrimination.
The Steering Committee is comprised of senior officials from the Attorney General's Department, the Australian Human Rights Commission, Queensland, New South Wales and South Australia governments and is chaired by the Department. The Steering Committee reports to the Infrastructure and Transport Senior Officials' Committee and provides oversight and direction to the National Accessible Transport Taskforce (the Taskforce).
The Taskforce, chaired by Queensland, is comprised of representatives from the disability community, the public transport industry, technical subject matter experts and governments. This recognises that state, territory and local governments have expertise and close relationships with people with disability and industry.