PDCN Bulletin #15 • January 9, 2002

latest news and views from PDCN

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CONTENTS

1. WHEELCHAIR ACCESSIBLE TAXIS AND HREOC
2. USING COMPLAINTS SYSTEMS ABOUT TAXIS
3. TAXIS – A CORRECTION
4. CONTINUING REFORM OF PADP
5. PDCN BROCHURE ON ADAPTABLE HOUSING

1. WHEELCHAIR ACCESSIBLE TAXIS AND HREOC

At the beginning of November 2001 the Human Rights and Equal Opportunity Commission (HREOC) published a draft report on wheelchair accessible taxi services. To be frank, we at PDCN were disappointed by the draft report.

• Its recommendations were not strong enough from our perspective;
• Its summary of evidence (both written and verbal) seemed incomplete;
• Its analysis of the circumstances in Australia and overseas left much to be desired.

After discussing the draft report in our Transport Policy Group and at our Executive Committee, PDCN prepared a comprehensive response, which was submitted to HREOC just before Christmas. A summary of our response is set out in the bullet points below. We believe that most people who depend upon wheelchair accessible taxi services will support our views, which we hope to discuss with the Acting Disability Discrimination Commissioner, Dr Sev Ozdowski, early in this New Year.

• PDCN was pleased to note from submissions and the draft report that no one disputes that people who rely on wheelchair taxis experience “widespread problems of severely late arrival or non-arrival of accessible taxis.”
• We noted that according to research in NSW as many as 80% of all journeys by wheelchair users in accessible taxis are made through private arrangements, not the official ‘0200’ booking line. PDCN believes the time has come to ask if a single booking service is still relevant
• PDCN strongly supported the HREOC call for urgent monitoring of wheelchair accessible taxi services against appropriate performance standards.
  
  PDCN was pleased that HREOC reminded regulators that if they do not take prompt and effective action to monitor appropriate service standards they could be cited in complaints under the Disability Discrimination Act as bodies permitting discrimination to occur.
• We noted that while 14% of all taxi licences in Australia are reported to be for accessible vehicles, NSW has as the lowest proportion in the whole country - a mere 5.4%. That is unacceptable. Action must be taken immediately to move the proportion of WAT in NSW towards the national figure (as a first stage towards a much higher proportion).
• In NSW most train stations are not wheelchair accessible; more than 60% of State buses are not accessible; more than 75% of private buses are not accessible; and almost 95% of taxis are not accessible. We have welcomed the commitments from the State Government to make improvements but, to be frank, with stats like these we are surely entitled to ask ... When will we get a fair go from transport services?
• Boarding a taxi is carried out with the meter running and jeopardises no one’s income generating potential. The claim that “unloading” wheelchair users from a WAT contributes to economic ruin for the industry is one of the world’s great urban myths, with not a shred of supporting evidence. All kinds of taxi passengers board and leave taxis quickly and slowly, not only wheelchair users.
  
  We noted in our response to HREOC comments by many wheelchair users, however, that some drivers take time because they have not been trained properly. They take a very long time to perform a task that other drivers can do in next to no time and with their eyes shut. All too often, we hear reports that meters are left running when the rules say they must be stopped on arrival.
• HREOC noted, “The transport requirements of students with disabilities cannot be regarded as less of a priority than those of other people with disabilities.” That is why PDCN believes school transport ought not to be excluded from the draft standard on transport. We call for accessible school transport so that children with and without disability can travel together. That should result in more wheelchair accessible taxis being available at peak periods.
• The status wheelchair accessible taxis have of so-called “specialised vehicle” perpetuates discrimination. PDCN thought it was ironic that the HREOC draft reported quoted the experience of Mr Mark Bagshaw in London (where there are no so-called specialised taxis, only wheelchair accessible taxis) while seeming unable to draw conclusions about discriminatory services in Australia.
• Taxi operators in NSW receive massive subsidies and incentives to put WAT vehicles on the road. The licence for an inaccessible taxi currently costs $232,500. The licence for a WAT in the metropolitan area is a fraction of that cost (they are free in rural NSW). Even allowing for the extra costs of purchasing wheelchair accessible vehicles it costs less to put WATs on the road for 20 years than inaccessible taxis. Both types of licence are tradeable commodities within that 20-year period. We urge the regulator to act now to remove the time limit on ordinary WAT licences to open a genuinely free market.
  
  Most wheelchair users receive a 50% subsidy on the cost of their taxi fare up to $30. This is a very real, commendable and valuable incentive scheme supported by the State Government.
  
  Given that massive incentives have already been made available through our tax dollars, we believe it to be essential that priority use (not exclusive use) of wheelchair accessible taxis be given to wheelchair users. Abuse of the priority ought to be penalised (as it is in Queensland) by withdrawing the offender’s right to trade for specified periods.
• The HREOC draft report takes no view on whether or not there needs to be a higher proportion of taxi fleets that are wheelchair accessible. PDCN believes that this absence of a view is an abrogation of HREOC’s responsibility to identify one significant cause of discrimination.
• We agreed with HREOC that circumstances in which there are no WAT services are unacceptable.
• We welcomed the acknowledgement by HREOC that we need to finish the debate about universal taxi design. PDCN is unequivocal in this regard. We support the introduction of taxis that meet the draft standard for a universal taxi. The sooner more taxis that meet the standard are on the road the better for all passengers and the industry itself.
• We welcomed the call by HREOC for discussions on compatibility of mobility aids with various public transport modes.
• We enthusiastically believe that all stakeholders must do what can be done to re-define the relationship between WAT vehicles and so-called mainstream use. That requires everyone to think hard about whether or not taxis that are little more than four-door sedans with a radio and decals are appropriate to the needs of modern, integrated, public transport systems. Progress towards universal taxi design will help in this regard.
• We supported the call by HREOC for operators and regulators to plan better for accessibility. Plans must, however, be supported by demonstrable action if wheelchair users are to place any value on the worth of well intentioned but unrealised plans.

At PDCN, we hope that the production of a final report by HREOC stimulates debate about how we can move towards equality of opportunity for people who need wheelchair accessible taxi services. Debate alone, however, is not enough.

We need action from:

HREOC: HREOC must set out an authoritative and definitive set of expectations and requirements of operators and regulators. Such action is, we believe, consistent with the statutory duty placed upon HREOC to act to eliminate discrimination.

TAXI OPERATORS: Taxi Operators receive massive subsidies in NSW to deliver wheelchair accessible taxi services. We know that some operators and drivers try very hard to deliver good services to their customers in wheelchairs. PDCN is happy to acknowledge and praise good service when we see it or are told about it.

We know only too well, however, that good practice is NSW is the exception rather than the rule. We believe it is long past the time for operators, particularly the large operators, to put their tax-subsidised money to good commercial use. That means showing a much stronger commitment to meeting the needs of wheelchair users and taking verifiable action that matches the public rhetoric.

REGULATORS: In NSW the Taxi and Hire Car Bureau is responsible for performance standards and their enforcement. Within the last year there has been a welcome strengthening of the enforcement regime. There are more inspectors out on the streets and more attention is being given to the requirements placed on operators of wheelchair accessible taxi services in return for the heavily subsidies licence plate. We want to see the culture of rigorous enforcement of existing obligations strengthened.

You can contact the Taxi & Hire Car Bureau at:

Level 5, 6 Parkes Street, Parramatta NSW 2150
Telephone number: (02) 9689 8888

PEOPLE WITH PHYSICAL DISABILITY: Those of us who use wheelchair accessible taxi services must become more vigorous in protecting and exercising our rights to equal treatment by service providers. Unfortunately, though, we do not yet live in an ideal world. That means that we will often find ourselves subject to second-rate, second best treatment, which comes out of discrimination and prejudice.

Sadly it seems, unless and until we achieve an ideal world, those of us who have to deal with the consequences of discrimination in taxi services are going to have to use the few avenues open to us to secure a fair go for ourselves and everyone else in our situation. That means we must use official complaints systems better and more often when we are treated badly or unreasonably.

2. USING COMPLAINTS SYSTEMS ABOUT TAXIS

There are two ways to complain about poor quality- taxi services:

Complain to the NSW Regulator

• Phone the Taxi Complaints Hotline: 1800 648 478 or 131 500
• The hotline is staffed 6am-10pm 7 days a week. People can call and lodge complaints over the 'phone. You will need either the taxi number plate (the 'T-registration') or the driver ID (displayed on the dashboard as a legal requirement) – “to make things easier”
• People can also lodge information/feedback/complaints on a form on the 131 500 website (Transport Infoline) at:

  www.131500.com.au/Pages/say_taxi.html

Complain to HREOC about disability discrimination and taxis

• If you feel a taxi operator or driver has discriminated against you, you can and should complain to HREOC. At this stage HREOC still requires complaints to be submitted in writing. You can get information about submitting a complaint to HREOC at:

www.hreoc.gov.au/complaints_information/index.html

HREOC has produced an online complaints form (although it was temporarily not accessible when we produced this bulletin). The online complaints form is usually located at:

www.hreoc.gov.au/complaints_information/online_form/

3. TAXIS – A CORRECTION

And finally on taxis … a correction: In our pre-Christmas newsletter we wrote that the figure of 14%, which is the percentage of taxi licences nationally that are for wheelchair accessible vehicles, was the “average”. Well, of course its not. It’s the aggregate of all States and Territories turned into a percentage. What can we say? Our Executive Officer is Scottish and obviously has trouble with the “A” words. We’ve corrected the mistake in our official response to HREOC.

4. CONTINUING REFORM OF PADP

Reform of the NSW Programme of Appliances for Disabled People (PADP) remains a high priority for PDCN. The State-wide PADP Advisory Committee met shortly before Christmas. Here’s a summary of the latest developments:

• Work is progressing on finalising a new PADP equipment list based on broad categories of equipment rather than specific items. PDCN welcomes this proposal. The draft Equipment List will be considered by the April meeting of the Advisory Committee.
• A draft common PAPD application form is being devised to make application processes consistent across the State.
• A revised promotional leaflet about PADP has been approved and published. It now conforms to guidance on layout and design from organisations with expertise in vision impairment.
• Following concerns expressed by PDCN and other disability sector organisations about inconsistencies across NSW, the Department initiated an audit of PADP in 6 Area Health Services. That audit has been competed. The Deputy Director General of NSW Health has reported that the auditors initial findings revealed no statewide / systemic issues of concern. Issues that emerged within particular Area Health Services will be addressed Area-by-Area.
• At the last Advisory Committee meeting participants received an initial presentation and slide report on the collection of data from across NSW. Data collection (or the lack of it) has been a major concern since the Carla Crannay report was written about 6 years ago. At PDCN, we believe that accurate, up to date, consistent data will support our arguments for increased spending on PADP by the State Government. A full report on the data collected by NSW Health will be available soon. We will provide Bulletin readers with a report on that data when we’ve had a chance to analyse it.
• The Advisory Committee endorsed a consultancy brief for the development of a “needs based assessment tool” for PADP. Progress towards implementing a fairer and more consistent assessment process will be discussed in April.

These developments represent the current position in reforming PADP in NSW. It is now just over a year since the new eligibility criteria were implemented and the new PADP Policy Manual put into operation. There has been progress, which is good. There is work continuing, which give grounds for optimism.

There is still, however, the question of the PADP budget. We believe that more money is required. We believe that investing today in a full and necessary range of equipment for people with disability saves money across the whole of Government now and in the future. It is always more cost-effective, for example, to give a child the wheelchair she needs today than it would be to pay for hospital beds, ‘corrective surgery’ or emergency intervention later, after the wrong equipment has caused irreversible damage that may last a lifetime.

One year into the new PADP regime, we would like to receive feedback from you if you’ve had a good, bad or any experience of PADP in the last 12 months.

• Have you applied for equipment?
• Were you successful?
• Were you refused?
• Is the system better or worse from your point of view?

Tell us what you think of the new PADP arrangements and tell us why you think so. Contact us at: pdcnsw@pdcnsw.org.au

5. PDCN BROCHURE ON ADAPTABLE HOUSING

Just before Christmas PDCN published a brochure on adaptable housing. At PDCN we believe strongly that houses should be built to meet the needs of all people. We believe it is not difficult for all stakeholders with an interest in the development of new housing to think differently, to act with equality of opportunity in mind and to benefit the whole of society by encouraging the design and construction of houses for everyone and all life stages.

We believe that policies, which promote adaptable housing, would be in the current and future interests of all people living in NSW.

If you have not received a copy of our adaptable housing brochure or would like more copies, please contact us on 02 9552 1606 or at pdcnsw@pdcnsw.org.au

Ask for Sharon.

Dougie Herd, PDCN Executive Officer
St Helen's Community Centre,
3/184 Glebe Point Road,
Glebe NSW 2037
Email: pdcnsw@pdcnsw.org.au;
Web: www.pdcnsw.org.au

Tel: (02) 9552 1606; 1 800 688 831
Fax: (02) 9552 4644

PDC NSW Inc is funded by the NSW Government's Ageing and Disability Department. Views expressed by PDC NSW Inc are not necessarily endorsed by the NSW Government.

©PDCN, Physical Disability Council of NSW • 184 Glebe Point Road, GLEBE NSW 2037 Australia
Phone (02) 9552 1606 • Fax (02) 9552 4644 • TollFree 1800 688 831 (within NSW) • TTY (02) 8223 7579
URL www.pdcnsw.org.au • Email pdcnsw@pdcnsw.org.au