RECOMMENDATION Article 8 -
That, as part of the National Disability Strategy 2010–2020, a national action plan is developed across all governments to address awareness raising of the rights of people with disability in all their diversity.
STATUS IN AUSTRALIA -
In implementing the obligation under Article 9 to take appropriate measures to ensure equality of access for people with disability, Australia has developed the National Disability Strategy 2010-2020 (NDS). Outcome 1, Inclusive and Accessible Communities addresses access to the physical environment, transport, digital information and communications technologies, housing and universal design (see discussion in Article 19), arts, recreation, sport and cultural life (see discussion in Article 30).
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Current commitments under the NDS include the Disability Standards developed under the Disability Discrimination Act 1992 (Cth) (DDA). (See Article 5) These Standards were developed prior to the CRPD and in many respects do not address all barriers to access covered in the CRPD.
Disability Standards for Accessible Public Transport 2002 -
The Disability Standards for Accessible Public Transport 2002 (DSAPT)65 aim to provide clarity on the obligations for public transport providers under the DDA.66 The DSAPT do not provide sufficient guidance and certainty to transport service providers, nor are there any mandatory provisions.67
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Breaches of DSAPT rely on individual complaints, and at this stage very few complaints have been tested in a court of law.68 The lack of judicial interpretation means that key terms such as ‘accessible information’ that are not specifically defined in the DSAPT are still open to interpretation.69
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There are a number of exclusions from the DSAPT, which have a negative impact on people with disability. For example, dedicated school bus services and small airports and aircraft are excluded from the DSAPT. This means that many children with disability are unable to travel with their classmates to school and have to use more expensive means of travel; and that people with disability in regional and remote areas, where smaller aircraft and airports are a key mode of transport, are unable or limited in their capacity to travel.
Barriers to Public transport -
There are no other current commitments in the NDS to address access to public transport aside from the DSAPT. However, despite the DSAPT being in force for ten years, people with disability continue to experience significant barriers to transport, which affects their ability to live independently and participate fully in society raising issues under Articles 19, 20, 24, 25, 27, 28, 29 and 30.
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Many people with disability report that it is not easy for them to use public transport from where they live.70
Case Study
“I would like to use public transport more, but bus lines are not fully accessible and often don’t advertise accessible buses on their schedules. Trains are accessible but the whole train system in Melbourne isn’t good. Accessible trams are still rare and are only changing slowly. Taxis are unreliable and often late.”71
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Accessible transport is particularly an issue in remote communities where large distances, social isolation and being unable to afford or drive a private vehicle only serves to amplify transportation accessibility deficiencies when there are no alternatives for people with disability.72
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Taxi services do not provide access to people with disability on terms that are equal to other members of the public, and accessible taxis do not match the reliability, availability and quality of service offered to the general public.73
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Domestic airlines provide inconsistent access to air services and aircraft. Each domestic airline operator imposes their own independent travel criteria, which can limit the number of people requiring special assistance per flight (such as people who require the use and carriage of a wheelchair); and can require a person with disability to be accompanied by a carer if they require assistance in boarding and de-boarding aircraft.74
Case Study
One passenger was allowed to travel independently on one part of their journey and then was refused independent travel for the return journey, requiring the passenger’s mother to fly and meet him to travel as his carer. As one person with disability noted about the inconsistent application of airline independent travel criteria “that leaves us in the unacceptable position of having to purchase air tickets — hundreds of dollars — on a lottery basis, with no assurance that we will actually be allowed to board a flight and reach our destinations, or even that the tickets will be refunded if we are denied travel”.75
The Disability (Access to Premises — Building) Standards 2010 -
The Disability (Access to Premises — Building) Standards 2010 (Premises Standards) only apply to public buildings that are covered by the Building Code of Australia (BCA) and only to new buildings or existing buildings undergoing renovation that require a building approval. This means that the Premises Standards do not cover the broad definition of “premises” contained within the DDA, including existing buildings, fit out features of buildings that do not require building approval, some way of finding features of buildings, public footpaths, parks, and recreation areas.
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The Premises Standards only apply to private residences in the common areas of apartment blocks where apartments are available for rent. Some smaller buildings will not be required to provide ramps and lifts.76
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Like the DSAPT, enforcement of the Premises Standards relies on individual complaints. However, as the BCA has been amended to be consistent with the Premises Standards, this may provide a higher level of compliance than has been achieved under DSAPT.
Accessibility and Australian Regulations and Policy -
The NDS does not currently include a mechanism to identify conflicts in the application of regulations and policies. People with disability encounter barriers to access where seemingly unrelated policies have an adverse impact.
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Taxi drivers at airports are subject to security regulations that prevent them from leaving their vehicles unattended at terminal entrances. This means that taxi drivers are unable to assist people with disability to enter and leave airports.77
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Occupational health and safety legislation limits the maximum weight that transport service staff are permitted to lift, which sometimes results in staff being unable to assist people or their mobility aids into and out of transport carriage services.78
Digital Communication and Information (see also Article 21) -
For people with disability, digital communication can alleviate social isolation, and in many cases act as a lifeline allowing contact with family, friends and support services. Many phones, mobile devices and other communications equipment do not have features for accessibility and are not continually improved as technology advances. A ‘universal design’ approach, whilst referred to in the NDS is not being implemented.
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People with multiple or complex accessibility needs can require digital communication and information that is specialised or adapted for them. However, the costs associated with such equipment and devices are often prohibitive for people with disability.
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