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Improving Access for All Improving access for all Submission to the Senate Community Affairs Committee, Inquiry into the delivery of outcomes under the National Disability Strategy 2010 – 2020 to build inclusive and accessible communities April 2017 Level 5, 175 Liverpool Street, Sydney NSW 2000 Phone: 61 2 8898 6500 • Fax: 61 2 8898 6555 • www.piac.asn.au Table of Contents 1. Introduction ..................................................................................................................................... 2 1.1 The Public Interest Advocacy Centre .......................................................................................... 2 2. Summary of recommendations ............................................................................................... 3 3. Access to transport ...................................................................................................................... 5 3.1 Access to public transport ............................................................................................................... 6 3.2 Transport Standards and reporting requirements ................................................................. 8 4. Access to communications and information systems ................................................. 10 4.1 Accessing online services, facilities and places ................................................................. 10 4.2 Broadcast television and audio description .......................................................................... 15 4.3 Video on demand services ............................................................................................................ 17 4.4 Banking and touchscreen EFTPOS payment devices ....................................................... 22 5. Any other related matters ........................................................................................................ 24 5.1 Elections ............................................................................................................................................... 24 5.2 Jurors ..................................................................................................................................................... 32 6. Conclusion ..................................................................................................................................... 34 1. Introduction The Public Interest Advocacy Centre (PIAC) welcomes the opportunity to provide a submission to the Senate Community Affairs Committee in its inquiry into the delivery of outcomes under the National Disability Strategy 2010 – 2020 (the Strategy) to build inclusive and accessible communities. Drawing from our casework, we address the following terms of reference: (a) The planning, design, management and regulation of: (ii) Transport services and infrastructure – with a focus on public transport; (iii) Communication and information systems – with reference to accessibility and the internet, broadcast television, video on demand services and banking; (b) Potential barriers to progress or innovation and how these might be addressed. (d) Any other related matters – including participation in political and public life, such as voting in elections and participating in juries; and We provide specific recommendations as to how accessibility could be improved across these areas. 1.1 The Public Interest Advocacy Centre PIAC is an independent, non-profit law and policy organisation that works for a fair, just and democratic society. We empower citizens, consumers and communities by taking strategic action on public interest issues, including through test-cases, policy development and working closely with stakeholders to achieve practical outcomes. PIAC has been a leading advocate of the rights of people with disability for many years. PIAC regularly represents claimants in disability discrimination complaints to the Australian Human Rights Commission, and in strategic litigation. The issues raised within this submission are drawn from our casework experience and our work with disability organisations. Many of the issues raised in this submission have been addressed in previous submissions by PIAC to various inquiries.1 1 For example, see PIAC, Opening the door for disability access: submission to the House of Representatives Standing Committee on Legal and Constitutional Affairs, Inquiry into the draft Disability (Access to Premises – Buildings) Standards (13 March 2009), available at https://www.piac.asn.au/wp-content/uploads/09.03.13- PIAC_sub_re_premises_std.pdf; PIAC, Get on board! 2012 Review of the Disability Standards for Accessible Public Transport (31 May 2013) available at https://www.piac.asn.au/2013/06/19/get-on-board/; PIAC, Equality before the law for people with disability, Submission in response to Australian Law Reform Commission’s Issues Paper: Equality, Capacity and Disability in Commonwealth Laws (20 January 2014) available at https://www.piac.asn.au/wp-content/uploads/14.01.20_equality_before_the_law_for_people_with_disability_- _submission_to_alrc_issues_paper.pdf; PIAC, Submission to the Australian Communications Media Authority in its statutory review of Part 9D of the Broadcasting Services Act 1992 (Cth) (21 July 2016) available at https://www.piac.asn.au/2016/07/26/review-of-part-9d-of-the-broadcasting-services-act-1992/. 2 • Public Interest Advocacy Centre • Improving access for all 2. Summary of recommendations Recommendation 1 – Amend the Transport Standards to explicitly provide for vision impairment The federal government should consider amending the Disability Standards for Accessible Public Transport 2002 to incorporate standards to increase accessibility for people who are blind or have low vision, such as audible announcements on trains and buses, and audible functions at bus stops, including a proposed timeline for compliance. Recommendation 2 – Amend the Transport Standards to provide for procurement The federal government should consider amending the Disability Standards for Accessible Public Transport 2002 to require that accessibility and compliance with the Transport Standards must be a primary consideration in all procurement processes. Recommendation 3 – Ride sharing services to be incorporated into the Transport Standards The Transport Standards should be amended so that the definition of a ‘conveyance’ in Division 1.2, Standard 1.12, captures ride sharing services and services such as Uber. Recommendation 4 – Require publishing of operator and provider data on compliance The Transport Standards should be amended to require public transport operators and providers to make publicly available data that sets out the extent to which they comply with the Transport Standards. Such data should be provided in accessible formats, and should be accompanied by plain English explanations prepared by the transport operator or provider. Recommendation 5 – Develop a mandatory reporting regime for public transport The federal government should consider the appropriateness of working with the states and territories, and the disability sector, to develop a mandatory reporting regime in relation to access to public transport. It may be appropriate for this to be reflected either within the Transport Standards, legislative amendment to the DDA or alternate legislation. Recommendation 6 – review of captioning and audio description on electronic media The federal government should review captioning and audio description on electronic media, as referenced in the 2010 Media Access Review Final Report. Recommendation 7 – Consider most appropriate mechanism for WCAG 2.0 enforceability The federal government should consider the most appropriate mechanism by which to make compliance with WCAG 2.0 enforceable in Australia, including, but not limited to consideration of: • New legislation; • Legislative amendment to the DDA; • The Minister developing a disability standard regarding web accessibility under section 31 of the Disability Discrimination Act 1992 (Cth). Recommendation 8 – Community education regarding web accessibility standards Community education and advertising, including industry-specific advertising, should be provided and adequately funded to inform Australians regarding web accessibility standards. Public Interest Advocacy Centre • Improving access for all • 3 Recommendation 9 – Legislate for minimum requirements of audio description on broadcast television The federal government amend Part 9D of the Broadcasting Services Act 1992 (Cth) to include minimum requirements for the provision of audio description on broadcast television, starting with a base minimum of 14 hours of audio described content, and legislate for gradual increments on an annual basis. Recommendation 10 – accessible information and accessible programming All catch-up TV services should be required to provide accessible information regarding accessible programs on their service, including clearly labelled programs by accessibility type (such as closed captioning, audio description). Recommendation 11 – Legislate for video on demand programs previously broadcast on TV The federal government should legislate to provide that where a program has been previously captioned on broadcast television, it should be captioned when provided on a catch-up TV service. Recommendation 12 – legislate for accessibility on video on demand services The federal government should legislate to create minimum mandatory standards surrounding web accessibility, and minimum mandatory standards surrounding
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