The Human Rights Commission has refused to exempt the Queensland Government’s new $4.4 billion trains from disability laws.

The state’s 75 New Generation Queensland Rail train fleet has been plagued with issues, including problems braking, air-conditioning, ventilation, sightlines for train drivers, and disability access..

Queensland Rail asked the commission to be exempted from The Disability Discrimination Act because eight of the nine defective trains will be needed to help transport droves of people to the Gold Coast Commonwealth Games next month.

The commission refused the request, and questioned the 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 said.

“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.”

The trains were designed during the term of an LNP Government, but the Palaszczuk Government has been in power for more than enough time to make changes, according to the Opposition.

The defects could potentially put Queensland Rail at risk of lawsuits from people with disabilities who cannot access the trains.

“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.”

The Human Rights Commission cannot order the trains to be removed, but its decision confirms that using the trains would be in breach of the Disability Discrimination Act.

Transport Minister Mark Bailey says the trains will run.

“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 the likelihood of QR being sued.

“This is a preliminary decision. There's still more process to come,” he said.

“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.”