Submission by Maureen Shelley on Melbourne Trams DDA Exemption Application
Dear Commissioner,
I would like to make a submission in relation to the exemtion application under the DDA by the Victorian government in relation to trams.
As the author of the report on consultations with people with disabilities regarding the introduction of the then proposed Disability Discrimination Act, and having just completed my Masters thesis in access to local communities by people with disabilities, I feel that I can make a contribution to this issue.
Access to public transport was the subject which provoked the most
vigorous debate in the consultations with people with disabilities prior
to the introduction to the DDA. Referring to my notes of the time, and
the report to government, I quote
"People reported that their lack of access to programs, services,
facilities, public places and transport often provided a greater
limitation to their enjoyment of an acceptable life-style than the
effects of their actual disability. Participants stated that the
requirements to provide access should cover provate and public sector
organisations."
And further
"Transport provided the subject for vigorous debate and it was stated
that the whole transport system Australia-wide needs to encompass
changes to ensure that both public and private transport is accessible
to people with disabilities."
"It was mentioned that some States are currently planning for the replacement of rolling stock, railway stations, or establishing new electric train services. When organisations representing people with disabilities approached the instrumentalities involved, they were advised that as there was no current disability legislation, they could not be said to be discriminating against people with disabilities. When the people with disabilities pointed out that legislation was proposed in this area, and that they may well be required to make such transport accessible after it had been put into place, they were informed that it could be claimed by the organisation as constituting undue hardship and they could seek exemption from any disability discrimination legislation."
"It was the strongly held view of the majority of the participants that access to facilities, programs and transport should be a right of all people with disabilities, (and) that the needs of people with disabilities should be taken into account when planning major public transport facilities."
These consultations took place in 1991. Some of theB class trams were delivered prior to the introduction of the Act and were the subject of representation of people with disabilities. The Vicotrian government chose at the time not to make the trams accessible. It would be unfortunate if an exemption was granted in these circumstances.
More recently, I have undertaken further research with people with disabilities, albeit in New South Wales. However, the people who were involved in the research had similar disabilities to those experienced by Victorians with disabilities. I believe that lack of access to public transport, particularly where it provides 35% of public transport in Melbourne, would affect Victorians with disabilities and tourists with disabilities, just as much as people with disabilities in New South Wales.
The research participants detailed the areas of their lives which suffered as a result of lack of access to public transport. These included ability to participate in employment (cost of alternative transport was often prohibitive), education, recreation, parenting responsibilities such as conveying children to child care, tourist and leisure pursuits, and independence. Most participants said they lost their independence when they could not get to desired destinations without outside assistance (ie having to be driven to the shops instead of making own way, having to emply someone to take children to school or other activities) and this resulted in loss of self esteem and dignity.
The United Nations states
"Handicap is therefore a function of the relationship between disabled
persons and their environment. It occurs when they encounter cultural,
physical or social barriers which prevent their access to the various
systems of society that are available to other citizens. Thus, handicap
is the loss or limitation of opportunities to take part in the life of
the community on an equal level with others."
The granting of this exemption would result in significant handicap for people with disabilities in Victoria for a generation. It would continue the past policies of exclusion into the third millennium.
I would like to express my strong opposition to the granting of this exemption.
Maureen Shelley
Author "Report of the National Consultations with people with disability
- national disability discrimination legislation" 1991
Masters student (thesis completed 16 November 1998) Equity and Social
Administration University of New South Wales