From: Arts Access Australia [ed@artsaccessaustralia.org]
Sent: Tuesday, 13 September 2005 11:07 AM
To: disabdis
Cc: pdca@pdca.org.au; collette.oneill@afdo.org.au
Subject: Rejection of Australian Rail Association application for exemption

13 September 2005


David Mason
Director
Disability Rights Policy
Human Rights and Equal Opportunity Commission
GPO Box 5218
Sydney NSW 1042
disabdis@humanrights.gov.au


Dear David

RE: Rejection of Australian Rail Association application for exemption from provisions of the Disability Standards for Accessible Public Transport.

Arts Access Australia requests that the Human Rights and Equal Opportunity Commission (HREOC) reject the Australian Rail Association (ARA) application for exemption from provisions of the Disability Standards for Accessible Public Transport.

The intent of the Accessible Public Transport Standards is to eliminate, as far as possible, discrimination against people with disabilities and to help make Public Transport accessible to all passengers including older Australians with mobility disabilities, parents with strollers and those with temporary disabilities. It is unclear how granting the exemption will be the most effective means to address the needs of these stakeholders.

The 1992 Disability Discrimination Act is not new, nor are the various state and territory policies promoting the rights of people with a disability to be part of community life. Physical access to public transport emerges as one of the ongoing barriers to inclusion for people with disabilities - including participation in the cultural life of their communities which is a fundamental human right. Further delaying implementation of Accessible Public Transport Standards will compromise this and other policies being championed by government particularly in the area of employment.

The extent of the requested exemption is so vast that to adequately deal with the application it would be better to have public forums involving people with disabilities so the ARA can make the case, with evidence, for their request. At present we note the willingness of the ARA to work with disability groups though are not clear what input, if any, people with disabilities have had in the various ARA workshops that lead to the development of the present ARA application. The Accessible Public Transport Standards were developed through a process of negotiation and consultation with all stakeholders and the final result was an agreed compromise that covered all aspects of public transport provision. Arts Access Australia encourages the ARA to engage in consultation and dialogue with disability representatives ahead of the five-year review by the Accessible Public Transport National Advisory Committee, which will start after 2007. The five year review is the appropriate vehicle to address any outstanding ARA concerns.

Delaying implementation of Accessible Public Transport Standards will not make the task any smaller, less costly or easier. Arts Access Australia urges the HREOC and the ARA to work with the Australian Federation of Disability Organisations (AFDO) and in particular the Physical Disability Council of Australia (PDCA) in progressing this issue. Arts Access Australia endorses the documents and statements that have been prepared by them.

Should you have any queries about Arts Access Australia or this response please contact me by phone on 02 925 16844 or email ed@artsaccessaustralia.org

Yours sincerely





Gareth Wreford
Executive Director