The Director, Transport Safety is one of two dedicated transport safety offices in Victoria,[1] the other being the Chief Investigator, Transport Safety. The Director has oversight of safety regulation schemes and industry performance under the schemes and is responsible for regulation and compliance activities in the transport sector, while the Chief Investigator conducts no blame or just culture investigations and inquiries in the transport sector. These agencies are part of the Department of Transport but are functionally independent and report to the relevant Ministers.[2]
Main responsibilities
Buses
The Director is also responsible for the safety regulation of bus services in Melbourne and wider Victoria (large public buses are generally operated in Victoria by a wide variety of bus operators under contract with Public Transport Victoria) including mini bus operators. Power is derived from the Bus Safety Act 2009.
Recreational boating
The Director is the safety regulator of recreational boating in Victoria. The monitoring of recreational craft covers the regulation of a wide range of vessels including yachts, speedboats, jet skis, canoes and paddle boats. The Director's jurisdiction to regulate boating predominately arises under the Marine Safety Act 2010 although some powers are exercised under delegation founded under Commonwealth legislation. The commercial sector is regulated by the Australian Maritime Safety Authority (AMSA).
The office of the Director, Transport Safety was established after the passage and commencement of the Transport Integration Act 2010. The office arose from the amalgamation of the offices of the Director, Public Transport Safety[3][4] and the Director of Marine Safety.[5] This resulted in Victoria's first integrated transport safety administration with multi modal responsibilities in land and water-based transport.
"The 2004 TFG International Review of the Role and Accountability Arrangements for Public Transport and Marine Safety in Victoria provided the framework -- implemented by the Rail Safety Act 2006 -- to establish the independent Director, Public Transport Safety, and the Chief Investigator, Transport and Marine Safety Investigations. However, the Director of Marine Safety has not yet been given this same independence. The Bill addresses this by merging the Director of Marine Safety and the Director, Public Transport Safety. This is a significant change, creating a single independent transport safety regulator. It will provide a more integrated approach to safety regulation, while it is also likely to drive efficiencies by removing unnecessary duplication in systems and processes. "[6]
The Transport Integration Act provides the Director, Transport Safety with a governance framework - the objects, functions and powers - which comprise the charter of the office.
Objects
The Transport Integration Act provides that the primary object of the Director, Transport Safety is to "...independently seek the highest transport safety standards that are reasonably practicable...".[7] Other notable objects[8] of the Director include:
ensuring, in collaboration with other transport bodies and public entities, that public transport operates as part of an integrated transport system which seeks to meet the needs of all transport system users
managing public transport in a manner which supports sustainability by seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria
seeking to improve the environmental performance of public transport including by minimising its adverse environmental impacts
contributing to social wellbeing by providing access to opportunities and supporting liveable communities
promoting economic prosperity through efficient and reliable movement of public transport users.
Functions
The functions[9] of the Director, Transport Safety include:
performing functions or duties conferred on the office by the Marine Act 1988, Bus Services Act 1995, and the Transport (Compliance and Miscellaneous) Act 1983 and other relevant Acts and regulations made under those and other relevant Acts
making recommendations to the Minister about the operation and administration of those Acts and regulations
advising and making recommendations to the Minister on public transport and related matters
investigating and reporting on public transport safety matters
collecting information and data and sponsoring research
promoting awareness in the transport industry and among the public about transport safety initiatives
developing operational policy about transport safety regulation
conducting cost benefit analysis about mandatory transport safety decisions.
Powers
The Transport Integration Act provides the Director, Transport Safety with a range of general powers[10] which can be exercised in relation to the bus and marine industries. More specific powers are contained in the key statutes administered by the Director, namely the Bus Safety Act 2009 and the Marine Safety Act 1988. Supporting compliance powers are established in the Transport (Compliance and Miscellaneous) Act 1983 for the bus industry.[11]
The compliance support scheme enables the appointment of authorised officers and confers coercive powers and a range of administrative and court-based sanctions. The key elements are:
appointment of officers transport safety officers[12]
powers to search, enter and require production of documents and information and to require name and address details[14]
sanctions and penalties such as improvement notices, prohibition notices and infringement notices[15]
powers to initiate prosecutions, receive safety undertakings and impose commercial benefits penalty orders, supervisory intervention orders, exclusion orders and adverse publicity orders.[16]
The powers of the Director in the marine sector under the Marine Act 1988 cover many of the areas listed above.
Independence
The Director is independent of Ministers and Government generally. The Transport Integration Act provides, for example, that the Director "...when performing or exercising his or her functions, is independent and is not subject to the direction and control of the Minister."[17] Independence is supported by provisions requiring that the removal of the Director from office can only occur with the approval of both Houses of Parliament.[18]
Responsibilities under statutory schemes
Many of the responsibilities of the Director center on monitoring and enforcing industry compliance with safety standards established by legislation. Examples of the Director's responsibilities are set out below.
The Bus Safety Act 2009 regulates the operation safety of large and small buses in Victoria. The Act imposes safety duties on bus operators and all others who have a role in providing both commercial and non-commercial bus services.[19] It does this by -
providing that an operator or procurer of a bus service "must, so far as is reasonably practicable, ensure the safety of the bus service"
providing that a bus safety worker "must take reasonable measures to ensure the safety of persons who may be affected by the acts or omissions of the bus safety worker"
providing that a person who determines the location of a bus stop, or designs, constructs, installs, modifies or maintains a bus stop, "must ensure, so far as is reasonably practicable, that the location, design, construction or condition of the bus stop is safe".
The Act also establishes an accreditation scheme for the operators of larger buses.[20] Operators of smaller buses or buses not used commercially are subject to a lower impact registration requirement.
Marine Safety Act
The Marine Safety Act 2010 establishes a range of permissioning schemes for commercial vessels and recreational vessels and their operators and crew. The Marine Drug, Alcohol and Pollution Control) Act 1988 also establishes a scheme to control drug and alcohol use when in charge of a vessel[21] and provisions prohibiting and controlling marine pollution in Victoria.[22]
^Under the then Transport Act 1983 (which has since been renamed the Transport (Compliance and Miscellaneous) Act 1983).
^Detailed background on the creation of the former office of the Director, Public Transport Safety is set out in a separate article on the Rail Safety Act.
^This office was established under the Marine Act 1988.
^Hon Lynne Kosky MP, Hansard, Parliament of Victoria, Legislative Assembly, 10 December 2009.
