The Human Rights Commission has refused a Queensland Government request to exempt their defective new $4.4 billion trains from disability laws, just weeks out from the Commonwealth Games which will rely heavily on the rail network.

Key points: Queensland Rail asked for an exemption from disability laws because the problematic trains are needed for the Gold Coast Commonwealth Games

Queensland Rail asked for an exemption from disability laws because the problematic trains are needed for the Gold Coast Commonwealth Games The commission denied the exemption, which could put Queensland Rail at risk of lawsuits from people with disabilities

The commission denied the exemption, which could put Queensland Rail at risk of lawsuits from people with disabilities The commission does not have the power to order the trains be removed

Queensland Rail asked for an expedited exemption from The Disability Discrimination Act because eight of the nine new trains are needed to help transport hundreds of thousands of people to the Gold Coast Commonwealth Games next month.

But in the commission's preliminary view, it has ruled to refuse almost all of the exemption requests on the basis of disability discrimination.

The Government has the opportunity to respond to the commission's findings before it makes a final decision.

The 75 New Generation Queensland Rail train order has already been plagued with issues, including a late rollout and problems with access paths and unisex toilets being too small.

The fleet was ordered under the previous Newman government, which said at the time they were coming in at half the price the previous government had paid for its rollingstock.

It was supposed to begin rolling out by the end of 2016, but on-track testing uncovered problems with braking, air-conditioning, ventilation, sightlines for train drivers, and disability access.

Adding to Queensland Rail's (QR) problems, earlier this week dozens of people with a vision impairment who were invited to test out one of the new trains were left waiting on a Brisbane train platform after it never arrived.

The commission questioned the Government's decision to purchase "non-compliant" trains.

"The Disability Discrimination Act has made it unlawful for public transport providers to discriminate on the ground of disability since 1993.

"It is not clear to the commission why the Queensland Government procured non-compliant trains in 2013, or why the rectification work did not occur between procurement in 2013 and entry into passenger service in 2017."

It is believed without an exemption, the defects put Queensland Rail at risk of lawsuits from people with disabilities unable to fully access the trains.

The Government also applied for overall exemption of up to three years to fix the issues, which was preliminarily rejected.

"The commission is of the preliminary view that it will refuse to grant the majority of the temporary exemptions sought by the applicants in this matter," the commission's Emeritus Professor Rosalind Croucher AM wrote.

"The commission is not persuaded that the reasons advanced in favour of the exemption outweigh the discriminatory impact of the non-compliant trains on people with disability."

One exemption was granted for Queensland Rail relating to rail conveyances.

Air-conditioning and disability access are ongoing problems. ( Supplied: Transport and Main Roads )

The commission said it did not have the power to order the trains be removed, but the decision confirms the use of the trains is in breach of the Disability Discrimination Act.

It has been frequently expressed by the commission that exemptions to disability laws should not be granted lightly.

"Given the significant legal consequences for potential complainants, the commission must be satisfied that a temporary exemption is appropriate and reasonable, and substantial evidence is needed to justify the exemption."

Trains will run: Minister

Transport Minister Mark Bailey deflected responsibility, and said the trains would run for the Commonwealth Games.

"We will be working with the disability sector to work through these issues," he said.

"It's a mess that we've inherited.

"The decision is not about whether the trains can run, this is about whether people can lodge a complaint or not."

Mr Bailey deflected questions about whether QR could be sued, saying it was a preliminary decision from the commission.

"This is a preliminary decision. There's still more process to come."

"We've already announced we have $150 million committed to rectification work. That work is going on now, it's been going on for some time."

People ready to sue: disability advocate

Disability and rail advocates held concerns about accessibility long before the trains were rolled out.

Disability advocate Geoff Trappett, who was among group of people who were shown the trains last year, said he knows of individuals already looking to sue the Government.

Mr Trappet said it could cost the Queensland Government a lot of money in claims.

"Now that we've seen that Queensland Rail doesn't actually have a plan for removing these trains from service, the price figure this could end up being is really an endless bucket of money."

Mr Trappett said Queensland Rail's request was bound to fail.

"It's fabulous to see the Human Rights Commission hasn't put a two-week event like the Commonwealth Games over the top of people with a disability's rights," he said.

"These exemptions were meant to extend over three years so that certainly puts them in a lot of trouble.

"People with a disability throughout society have constantly been treated like second-class citizens. This is another example of that."

Rail Back on Track's Robert Dow said in December last year the commission found the trains in breach of the Discrimination Act, and Queensland Rail's own legal advice warned of legal challenges should the rollout proceed.

'International embarrassment' for Comm Games: Opposition

Deputy Opposition Leader Tim Mander said the threat of having to remove non-compliant trains created "potential chaos" for the Commonwealth Games.

"We have been expressing for some time our concerns about the transport arrangements for the Games," he said.

"We now have grave concerns that this could be an international embarrassment for us."

He said Premier Annastacia Palaszczuk must now "show leadership" and decide whether or not to remove the trains from service.

Despite the trains being designed by teams in Australia during the LNP's term in Government, Mr Mander said the Palaszczuk Government had had ample time to make changes.

"They have been in Government for three years," he said.

"This is a question now for the Palaszczuk Government — she must show leadership and how she is going to respond to this ruling that has been made."

The commission said it considered submissions from 20 individuals, government agencies and disability advocates.