Queensland Rail's troubled new trains could still face a legal block to being used after the state government ignored a ruling from the Australian Human Rights Commission.
The Palaszczuk Labor government decided it would continue to use the nine NGR trains that are currently in service, which are needed to effectively run the Commonwealth Games public transport plan from next week.
That's despite the AHRC on Thursday rejecting the government's application to use the trains while work is carried out to make them compliant with disability requirements, with the trains not wide enough to allow wheelchair access.
Despite the ruling, Queensland Transport Minister Mark Bailey said the NGR trains currently in service would still be used as part of the Games transport plan from next week.
"Today's decision does not prohibit NGR trains from operating in passenger service, but does allow for complaints to be made on this issue," Mr Bailey said in a statement on Thursday
"Queenslanders and visitors can be assured that the Commonwealth Games transport plan, including the 24/7 rail timetable on the Gold Coast line, will operate as planned."
But Geoff Trappett from disability advocates Inclusion Moves said the ruling left the door open to a formal legal injunction to get the trains off the tracks until they're fixed.
"I know of at least one case that is progressing through the legal system with regards to NGR," Mr Trappett told AAP.
"The commission has shown the government that human rights should not be overtaken by sporting events.
"A human right is there for a reason - to ensure everyone is treated equally.
In addition to blocks, the state faces millions of dollars in compensation claims from potential lawsuits related to the non-compliant trains.
The trains were originally ordered by the previous Newman LNP government but were halted when the Palaszczuk Labor government took office after significant faults were detected, including the disability access issues as well as issues with line-of-sight and braking.
Work to fix the problems with the trains, manufactured in India by Canadian company Bombardier, is set to be carried out at the railyards in Maryborough northwest of Brisbane, with a total of 75 NGR trains ordered.