Legislative requirements

Legislative requirements

Transport providers and operators have multiple responsibilities under state and federal legislation to ensure that we protect people’s fundamental human rights, do not discriminate, and meet minimum accessibility standards. The Strategic Framework will assist transport providers and operators to meet relevant state and federal legislation.

Relevant legislative requirements include the following:

• Equitable access to public transport is a human right in Victoria – Charter of Human Rights and Responsibilities Act 2006 (Vic).
• It is unlawful for public transport operators to discriminate in the provision of public transport services – Equal Opportunity Act 2010 (Vic).
• People with disability cannot be discriminated against or treated unfairly because of their disability – Disability Discrimination Act 1992 (Cth) (DDA), which also sets legally binding standards for public transport infrastructure and rolling stock through the Disability Standards for Accessible Public Transport 2002 (DSAPT) and the Disability (Access to Premises - buildings) Standards 2010 (the Premises Standards) for new and substantially new public transport buildings.
• The Transport Integration Act provides Transport system objectives including social and economic inclusion. The transport system should provide a means by which persons can access social and economic opportunities to support individual and community wellbeing including by –
  • minimising barriers to access so that so far as is possible the transport system is available to as many persons as wish to use it;
  • providing tailored infrastructure, services and support for persons who find it difficult to use the transport system.
• The State is required to take appropriate measures to enable persons with disabilities to live independently and participate fully in all aspects of life. The State must ensure persons with disabilities have access, on an equal basis with others, to the physical environment, to transportation, to information and communications, and other public facilities and services, both in urban and in rural areas – United Nations: Article 9 - Accessibility, Convention on the Rights of Persons with Disabilities.

Consequences associated with non-compliance with DSAPT range from social impacts around inclusion and participation to wider economic, environmental, and legal risks.

DSAPT

Where compliance with DSAPT is not possible, public transport providers and operators can seek an exemption from the Australian Human Rights Commission or rely on an available defence, including:

• Equivalent access – under which a provider or operator is permitted to vary the equipment or facilities so long as an equivalent standard of amenity, availability, comfort, convenience, dignity, price and safety is maintained. Equivalent access can be provided by direct assistance, such as a train driver providing a boarding ramp.
• Unjustifiable hardship – under which compliance with DSAPT would result in an unjustifiable hardship for the public transport provider or operator.