Transport Legislation (Disability Parking and Other Matters) Amendment Bill 2019

Introduced: 26/11/2019By: Hon M Bailey MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill extends Queensland's Disability Parking Permit Scheme to include people who are legally blind, and doubles the fine for misusing disability parking bays from $266 to $533. It also makes technical updates to rail safety definitions to align with national law.

Who it affects

Legally blind Queenslanders can now apply for disability parking permits, giving them access to dedicated parking spaces. Drivers who park illegally in disability bays face a significantly increased fine.

Key changes

  • People who are legally blind (permanently or temporarily for at least 6 months) are now eligible for disability parking permits
  • Fine for parking in a disability bay without a permit doubled from $266 to $533 (4 penalty units)
  • Ophthalmologists and optometrists can certify temporary blindness for permit applications
  • Queensland's disability parking eligibility now aligns with NSW, ACT, South Australia and Tasmania
  • Queensland-specific rail safety definitions removed in favour of national definitions for level crossings

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced26 Nov 2019View Hansard
First Reading26 Nov 2019View Hansard
Committee26 Nov 2019View Hansard

Referred to Transport and Public Works Committee

Committee Findings
Recommended passage

The Transport and Public Works Committee examined the bill and recommended it be passed. The committee made four recommendations in total, including that the Minister work with other jurisdictions to review national disability parking eligibility criteria, that a post-implementation review be conducted 12 months after commencement, and that legislative amendments be considered to improve council enforcement of disability parking spaces. The government supported recommendations 2 and 3 (the latter in principle) but did not support recommendation 4 regarding council officer access to private land for enforcement.

Key findings (5)
  • The bill expands Queensland's Disability Parking Permit Scheme to include vision impaired persons who are legally blind, estimated to add approximately 14,400 new applicants (a 7.5 per cent increase), though Guide Dogs Queensland suggested the actual figure would be closer to 4,000.
  • Stakeholders broadly supported the bill but raised concerns that increasing permit holders without reviewing quotas for accessible parking spaces could reduce availability for existing users.
  • The No Permit No Park Campaign highlighted declining police enforcement of disability parking offences and advocated for stronger penalties and demerit points to deter misuse.
  • Council officers face barriers to enforcing disability parking on private land such as shopping centres, as they require agreements with property owners to access these areas.
  • The bill also makes technical amendments to the Rail Safety National Law (Queensland) Act 2017 to align Queensland definitions with national law definitions for level crossings.
Recommendations (4)
  • The committee recommends the Transport Legislation (Disability Parking and Other Matters) Amendment Bill 2019 be passed.
  • The committee recommends the Minister for Transport and Main Roads work with other Australian jurisdictions to undertake a review of the definitions contained in the Australian Disability Permit Scheme to include vision impaired persons who are legally blind in the eligibility criteria.
  • The committee recommends the Minister for Transport and Main Roads undertake a review of the amendments to the disability parking permit scheme 12 months after commencement, including whether the amendments have had an impact on the accessibility of disability parking spaces and whether alternative measures, including demerit points, need to be implemented.
  • The committee recommends that legislative amendments be considered to authorise council officers' access to areas where disability parking spaces are situated for enforcement purposes.
AI-generated summary — may contain errors
Committee Report7 Feb 2020

Committee report tabled

Second Reading17 Mar 2020View Hansard
13 members spoke13 support
12.32 pmHon. MC BAILEYSupports

As the responsible minister, introduced the bill to expand disability parking eligibility to legally blind Queenslanders, double fines for illegal use of disability bays, and announced a disability parking summit to improve compliance and enforcement.

This bill will improve the lives of legally blind Queenslanders and will assist in ensuring that members of the public recognise the importance of leaving disability parking bays vacant for those members of the community who hold a disability parking permit and need them.2020-03-17View Hansard
4.29 pmHon. MC BAILEYSupports

Strongly supported the disability parking bill, sharing a personal anecdote of confronting someone illegally using a disability bay. Acknowledged contributions from multiple members and advocacy groups while emphasising the government doubled the fine for illegal use of disability bays.

How you treat vulnerable people in our community is a hallmark of what kind of a community and society we have.2020-07-14View Hansard
12.45 pmMr MINNIKINSupports

Strongly supported the bill as long overdue, drawing on his personal experience as a former shopping centre manager to highlight the frustration caused by illegal use of disability parking bays. Acknowledged the member for Bundaberg's initial advocacy on the issue.

This legislation comes better late than never, as they say. I firmly believe that the legislation is long overdue.2020-03-17View Hansard
12.39 pmMr KINGSupports

As committee chair, detailed the committee's four recommendations on disability parking including expanding eligibility to the vision-impaired and increasing fines for illegal use of disability parking bays.

One in four people killed in vehicle accidents is not wearing a seatbelt. This is a sad and shocking number and a potentially preventable loss of lives.2020-07-14View Hansard
12.50 pmDr ROWANSupports

As shadow disability services minister, strongly supported the bill and credited the member for Bundaberg's petition as the catalyst for change, noting the minister initially refused to expand the eligibility criteria.

I take this opportunity to thank the Liberal National Party member for Bundaberg for his hospitality during that visit and for his passion and strong advocacy from day one on this important reform.2020-07-14View Hansard
3.12 pmMr SORENSENSupports

Supported the disability parking bill, crediting the member for Bundaberg for driving the change, and criticised the lengthy process required when the government introduced its own bill rather than supporting the existing private member's bill.

I do not know why we had to go through that whole process just to get to where we are today.2020-07-14View Hansard
3.20 pmMrs McMAHONSupports

Supported the disability parking bill, explaining the background of the Australian Disability Parking Scheme and the practical benefits for vision-impaired people including guide dog users who need wider parking bays.

For many people when those parks are unavailable they have to abandon their day out.2020-07-14View Hansard
3.28 pmMr DAMETTOSupports

Strongly supported the bill, having introduced his own private member's bill on the same issue. Shared the story of constituents whose vision-impaired daughters could not access disability parking and praised the collaborative effort across parties.

How is it possible that people who cannot see what is in front of them do not apply for a disability parking permit?2020-07-14View Hansard
3.38 pmMs PEASESupports

Supported the bill, sharing the story of her constituent Anthony who is legally blind and will benefit from the expanded eligibility criteria for disability parking permits.

For my constituent Anthony, the Transport Legislation (Disability Parking and Other Matters) Amendment Bill 2019 will mean independence and an opportunity to participate in the life of the community in a way that he never could before.2020-07-14View Hansard
3.43 pmMr BATTSupports

Passionately supported the bill after two years of advocacy, having launched the petition that prompted the legislative change after the minister initially refused to expand the eligibility criteria for vision-impaired Queenslanders.

I cannot wait to see the smiles on the faces of Cheryl and Helen when they get to put their disability parking permits on their vehicles. This is what being an MP is all about: bringing about positive change for the people of Queensland.2020-07-14View Hansard
3.56 pmMr McCALLUMSupports

Supported the bill, sharing a personal connection as his younger brother Robert is legally blind, and emphasised the bill's importance for safety and inclusion of vision-impaired Queenslanders.

When a person loses their sight their ability to judge or evaluate risk within an environment is impacted. This impairs their ability to move freely and increases the likelihood of harm.2020-07-14View Hansard
4.06 pmHon. CJ O'ROURKESupports

As Minister for Disability Services, supported the bill emphasising the practical difference disability parking access makes for vision-impaired people and the work done with stakeholders including Guide Dogs Queensland and Vision Australia.

The misuse of disability parking bays has the potential to restrict the access of a person with disability to the community.2020-07-14View Hansard
4.11 pmMr McARDLESupports

Supported the disability parking bill and credited the member for Bundaberg and member for Hinchinbrook for initiating the reform before the government introduced its own bill.

Those who take the wrong step and do the wrong thing but, more importantly, take away the opportunity for somebody who needs that spot need to be penalised.2020-07-14View Hansard
In Detail14 July 2020View Hansard
Government amendmentPassed

Amendments 1 and 2 to clause 2 (Commencement), making minor adjustments to the commencement provisions of the bill.

Moved by Hon. MC BAILEY
Third Reading14 July 2020View Hansard
Royal Assent — Act 22 of 202021 July 2020