Queensland Rail is keeping mum about whether its new trains will stay on the tracks if an application to the Australian Human Rights Commission is rejected.
The New Generation Rollingstock was due to be operational in mid-2016, but delivery was halted due to myriad issues - including the toilets being too small for wheelchairs.
Numerous issues were fixed, but the first of the trains entered service in December, before the toilets were redesigned.
QR and the Department of Transport and Main Roads applied to the AHRC for a temporary exemption to discrimination laws while QR completed works to change the toilet layout to make the NGR trains disability-compliant.
It could take 18 to 36 months to fix the issues, but QR needs about 18 of the trains operational for the Commonwealth Games timetable in April.
There are already five NGR trains on the tracks.
Asked whether the NGR trains already in service would be taken off the tracks if its AHRC application was rejected, QR CEO Nick Easy was circumspect.
"I think it's too early to pre-empt what the decision will be by the Australian Human Rights Commission," Mr Easy said.
"We think that process should run its natural course and we'll see what the outcome is before we pre-empt any other actions."
Mr Easy did not elaborate on whether QR had a contingency plan in case its application was rejected.
"I think the plan is to continue to cooperate with the (Australian Human Rights) Commission on the process, we've supported very clearly the rectification works on the trains, we think that's an appropriate response and we look forward to them processing the application," he said.
Public submissions on the application to the AHRC closed this week, and it was yet to publish a decision.
The Queensland Rail Accessibility Reference Group has called for the application to be rejected, arguing an exemption would prolong discrimination.
The group was also concerned some passengers who required help getting on or off the train could be left behind, due to the guard being located in car six as part of the NGR's design, rather than mid-train next to the boarding point, leaving station staff to provide assistance.
"Being left on trains currently occurs with annoying frequency and the ARG expects that unless a guard cab is provided mid-train ... (this) will escalate from annoyance to become a systemic problem," the ARG wrote in a submission.
On Tuesday, Mr Easy said QR's presence at all Gold Coast line stations had already been strengthened to ensure people with disabilities were supported with staff on the ground from the first to last service, seven days a week.
Shine Lawyers solicitor Jamie Shine said the community should be outraged to learn that people with disabilities were left on trains or missed their stops.
"(They often) aren't simply able to call a cab or Uber when they are left off at the wrong station," she said.
"They often require the support of a maxi van, for example, which requires additional wait times and money."
