Wheelchair users are taking legal action against the Victorian government and Melbourne’s Yarra Trams over failure to meet current accessibility deadlines.
Five people with various disabilities are taking their legal case to the Victorian Civil and Administrative Tribunal, in what could be the first of numerous discrimination cases filed against the government and the tram’s operator over the delay in upgrading Melbourne’s tram system.
Under the federal Disability Standards for Accessible Public Transport 2002, in excess of 1700 Melbourne tram stops must be wheelchair-accessible by December 2022 and the entire fleet must have low floors by the end of 2032.
Currently, 73 % of tram stops and 62 % of trams are inaccessible to people using wheelchairs, mobility aids and prams. If upgrades continue at this slow rate, tram stops will not be accessible until 2066 and trams by 2045.
Martin Leckey, who uses a wheelchair and is one of the lawsuit claimants, said it was unacceptable that disability standards created nearly two decades ago were still so far away from its goals.
“The progress has been very slow in making the tram network accessible and that’s been very frustrating. In fact they’ve slowed down,” he said. “They’ve put very little money into it over the last few years and we’re falling further and further behind the targets.”
The Victorian Auditor-General stated that the government has violated federal standards relating to tram infrastructure such as ramps, guard rails and lifts.
The first lawsuit, filed by lawyers from the Disability Discrimination Legal Service, argues their clients are being discriminated against under Victoria’s Equal Opportunity Act 2010.
Solicitor Hannah Gostelow said the auditor indicated the government was “currently not meeting their targets in relation to tram accessibility and, as a result, people with disabilities are continuing to be adversely affected.”
“Further, there has been no clear plan or action proposed by the government to rectify these issues, which is why our service has received these complaints. Public transport should be accessible for all,” she said.
According to the watchdog’s audit, the building department blames a lack of funding as the biggest obstacle to upgrading more tram stops
The 2017-18 and 2018-19 budgets included funding for only a single upgrade each.
Kerri Cassidy, executive officer of disability advocacy group Disability Resource Centre said, “The government’s progress over the last 20 years has been glacial, leaving people with disabilities deeply frustrated and battling with systemic discrimination. Our community desperately needs to see a commitment to real change and urgent but achievable deadlines for implementing them.”
Since 2015, the government has funded 50 low-floor, accessible E-Class trams, which would take the fleet to 100 once fully delivered.
“Making our public transport network accessible to all Victorians is a priority, which is why creating more, accessible transport options is a key part of our $80 billion transport infrastructure program,” a government spokesperson said.
“Yarra Trams works closely with the Department of Transport to deliver essential accessibility upgrades to our tram network infrastructure and rolling stock.” said A Yarra Trams official.
