Labor promises refunds for train delays if it wins next election

Sydney rail commuters will be eligible for refunds for avoidable train delays of 30 minutes or more under a policy Labor has promised to introduce if it wins the state election in March.

The election promise came as Sydney commuters endured significant delays to train journeys during the morning peak on Monday after about 40 more staff than expected called in sick.

And Sydney Trains warned commuters to expect further disruptions during the evening peak after cancelling a number of services on lines such as T1 Western, Northern and North Shore, and the T2 Inner West. The cancellations were expected to be fewer than the 57 on Monday morning.

NSW Labor leader Luke Foley said his party's fare refund policy was intended to “concentrate the minds” of Sydney Trains management and reduce avoidable delays from problems such as staff shortages or mechanical breakdowns.

“At the moment there is just no incentive for the people running the railways to do better,” he said. “There will be under a Labor government, because the government will be refunding passengers if this continues.”

Under Labor's proposal, the state's Independent Pricing and Regulatory Tribunal would help determine the criteria for refunds, and commuters would have 28 days to apply.

However, commuters would not be able to claim for delays caused by natural events such as floods and bushfires, or fatalities or incidents such as trespassing on tracks.

It is based on a fares policy in London where train commuters are eligible for refunds for delays caused by factors deemed within the control of rail operators. NSW's Opal electronic ticketing system is operated by Cubic, the same company which runs London's.

Labor estimates it could cost the government up to $6 million over four years.

Mr Foley accused the Berejiklian government of overseeing a rail system that “lurches from crisis to crisis”, and failing to fix a driver shortage.

But Transport Minister Andrew Constance has ruled out refunding passengers for delays, and demanded Mr Foley explain how he would implement a scheme which he said would require about $100 million in technology upgrades to the Opal system.

“The way the current Opal system works means passengers tap on and off at station gates – not specific trains,” he said. “It is impossible to track which trains passengers are boarding, therefore impossible to know if they are late.”

Earlier, he apologised to commuters for the delays on Monday morning but said railway staff were “doing a phenomenal job” given a surge in demand for services across the rail network.

“We have had some additional sick leave but that is no reflection on staff,” he said, adding that there was “nothing untoward” about the extra staff absences.

Rail Tram and Bus Union secretary Alex Claassens said a fare refunds for avoidable delays would help keep the Transport Minister accountable but he cautioned that a “proper process” was needed to ensure that it did not place undue pressure on railway staff.

“I don't want more stress on a workforce which is already overworking,” he said.

“We want to keep this minister accountable but let's make sure accountability doesn't flow down the river and other people end up wearing it.”

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