Wednesday December 14, 2011

Discrimination Commissioner v RailCorp

The Public Interest Advocacy Centre (PIAC) is representing Graeme Innes AM who is suing RailCorp for disability discrimination. Mr Innes alleges that RailCorp has failed to consistently provide audible announcements on trains, in breach of the Disability Discrimination Act 1992.

Mr Innes, the Disability Discrimination Commissioner, commenced proceedings in the Federal Magistrates Court on Monday, 21 November.

Since 2007, RailCorp has been required under the Disability Standards for Accessible Public Transport 2002 to ensure that audible station announcements are made on all trains.

Mr Innes, who has been blind since birth, has already lodged 36 complaints with the Australian Human Rights Commission regarding failures by RailCorp to have audible announcements on trains. Attempts by Mr Innes to resolve his complaints with RailCorp through the Commission have failed.

Mr Innes explains: “For a person who is blind or has low vision, such as myself, the major problem with catching trains is knowing what station you have reached.

“Missing the right stop means getting off at an unfamiliar station. Locating the right platform to catch a train back to the intended station is not just inconvenient - it can sometimes be extremely stressful, and is usually quite time-consuming.”

“This is a major failure by RailCorp,” PIAC CEO Edward Santow says.  “The fact that Mr Innes has made 36 separate complaints in seven months suggests the problem is systemic and ongoing.”

Graeme Innes says: “I am just asking RailCorp to treat me and other blind people in the same way as all other passengers – tell us where we are.”

A directions hearing in the case is listed for 19 December.

Photo: Flickr

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Please support PIAC

For nearly 30 years, the Public Interest Advocacy Centre (PIAC) has worked to help disadvantaged people to achieve justice. Social justice is central to PIAC’s goal of fostering a fair, just and democratic society.

PIAC’s work is deeply rooted in the experience of the people we serve. Our challenge is to see what others might miss. PIAC must see how a legal system, which is generally open and fair, can bear harshly on vulnerable people. We must see where the problem of an individual client stems from a broader injustice.
PIAC must also see solutions.

• So that a person with a disability can catch a bus, like anyone else.
• So that a person with mental illness is not repeatedly fined for failing to buy a train ticket.
• So that a child is not imprisoned unlawfully. 

PIAC conducts public interest litigation. What is special about the cases we run is that they’re designed to benefit not just the individual client, but others who face the same problem.

PIAC has ambitious plans for the next four years, but they are only achievable if we can build our support.

Please support PIAC by making a donation. Generous support, from individuals, foundations, law firms, corporations and others, is vital for PIAC’s ongoing success.

Donations of $2 and over are tax deductible. You can donate by calling PIAC on (02) 8898 6500 during office hours, or online.

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False imprisonment class action

The Public Interest Advocacy Centre and Maurice Blackburn have launched a class action in the Supreme Court of NSW seeking compensation for children and young people who have been wrongfully arrested and detained by NSW Police for breach of bail.

The class action is open to children and young people who meet the following criteria:

• They were arrested or detained by a police officer for breach of a bail condition;
• The bail condition was not current at the time that the person was arrested; and
• The alleged breach of bail was for an offence being heard in the Children’s Court of New South Wales.

Contact PIAC on (02) 8898 6517 if you know of a young person who was wrongfully arrested for breach of bail, or visit our Facebook page for more information.

Pictured: A class action litigant addresses the media.

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Work and Development Orders instead of fines

Are some of your clients struggling to pay off their fines? Or could you use volunteer labour in your not-for-profit organisation?

Unpaid fines can really hurt. They can result in increasing debt, loss of driver’s licence and car registration, a portion of wages being taken by the State Debt Recovery Office (SDRO) or property being taken by the Sheriff.

Legal Aid NSW advises that now there is a practical way you can help to support people struggling with fines debt.

The Work and Development Orders (WDOs) scheme (trialled by the NSW Government for two years) has now been made permanent.

WDOs allow eligible people, such as those in severe economic hardship or people who have a mental illness, intellectual disability or a cognitive impairment, or people who are homeless, to work off unpaid fines through training, voluntary work or treatment.

Legal Aid NSW provides legal help to assist clients and organisations to get signed up to WDOs.

If your organisation would like more information about becoming an 'approved provider' for WDOs, call Francesca Ciantar, solicitor at Legal Aid NSW, on 9219 6328 or email WDO@legalaid.nsw.gov.au. Free legal advice on fines is available at your nearest Legal Aid NSW. Further details can be found here.

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