Director, Transport Safety
Encyclopedia
The Director, Transport Safety (the Director) is the independent Government agency
responsible for rail
, bus
and marine
safety in the State of Victoria
, Australia
. The position was created as a statutory office by the Transport Integration Act 2010. The office commenced operation on 1 July 2010 and forms part of the Department of Transport
.
The Director, Transport Safety is one of two dedicated transport safety offices in Victoria, the other being the Chief Investigator, Transport Safety
. The Director is responsible for regulation and compliance activities in the transport sector while the Chief Investigator
has responsibility for no blame or just culture investigations and inquiries. The Director, Transport Safety trades under the name Transport Safety Victoria and is subject to the high level policy and operational framework contained in the Transport Integration Act
.
. This involves the supervision of -
and wider Victoria (large public buses are generally operated in Victoria under contract between the Director of Public Transport
and a wide variety of bus operators) including mini bus operators. Power is derived from the Bus Safety Act 2009
.
of the commercial shipping and recreational boating sectors in Victoria
. The commercial shipping responsibilities of the Director focus on the monitoring of trading, fishing and Government vessels as well as regulation of hire and drive vessels. The monitoring of recreational craft covers the regulation of a wide range of vessels including yachts, speedboats, jet ski
s, canoes and paddle boats. The Director's jurisdiction to regulate shipping and boating arises under the Marine Act 1988 but will transfer in the future to the Marine Safety Act 2010 when that Act commences.
The speech delivered by the Minister
in the Victorian Parliament when moving the second reading of the then Transport Integration Bill
put the matter as follows -
provides the Director, Transport Safety with a governance framework - the objects, functions and powers - which comprise the charter of the office.
provides that the primary object of the Director, Transport Safety is to "...independently seek the highest transport safety standards that are reasonably practicable...". Other notable objects of the Director include -
provides the Director, Transport Safety with a range of general powers which can be exercised in relation to the rail, bus and marine industries. More specific powers are contained in the key statutes administered by the Director, namely the Rail Safety Act 2006
, 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 rail and bus industries.
The compliance support scheme centres on provisions enabling the appointment of authorised officers, conferral of coercive powers and a range of administrative and court-based sanctions
. The key elements are -
The powers of the Director in the marine sector under the Marine Act 1988 cover many of the areas listed above.
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." Independence is supported by provisions in the Act requiring that the removal of the Director from office can only occur with the approval of both Houses of Parliament.
is "...to provide for safe rail operations in Victoria
". The Act
establishes a regulatory scheme with the following key elements -
movements in Victoria
are predominantly local through suburban passenger services and regional passenger and freight services, interstate freight and passenger services also enter and pass through the State. The Rail Safety Act
regulates both local and interstate services. However, companion Rail Safety Acts are also in place in each State and Territory due to extensive efforts in recent years by States, Territories and the Commonwealth to improve national harmonisation in the rail
sector. These statutes and the Director's membership of and the activities of the National Rail Safety Regulators' Panel, have each had major beneficial effects on national rail
operators in Australia
who enjoy nationally consistent safety
regulation
in Victoria
and across the country.
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. It does this by -
The Act also establishes an accreditation scheme for the operators of larger buses. Operators of smaller buses or buses not used commercially are subject to a lower impact registration requirement.
The Marine Act 1988 also establishes a scheme to control drug and alcohol use when in charge of a vessel and provisions prohibiting and controlling marine pollution in Victoria.
. The Department of Transport
(DOT) oversees and coordinates the activities of the agencies which can be divided into three main types - statutory offices, statutory authorities and independent transport safety agencies. Together with DOT, the agencies provide, manage and regulate transport system activities in Victoria
including -
These agencies are part of the Department of Transport
but each has a distinct statutory charter and powers.
These agencies are structurally separate from the Department of Transport
.
. These agencies are part of the Department of Transport
but are functionally independent and report to the relevant Ministers. The Director, Transport Safety has oversight of safety regulation schemes and industry performance under the schemes. By contrast, the Chief Investigator, Transport Safety
is responsible for no blame or just culture inquiries and investigations in the transport sector.
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
responsible for rail
Rail transport
Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
, bus
Bus
A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
and marine
Ship transport
Ship transport is watercraft carrying people or goods . Sea transport has been the largest carrier of freight throughout recorded history. Although the importance of sea travel for passengers has decreased due to aviation, it is effective for short trips and pleasure cruises...
safety in the State of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. The position was created as a statutory office by the Transport Integration Act 2010. The office commenced operation on 1 July 2010 and forms part of the Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
.
The Director, Transport Safety is one of two dedicated transport safety offices in Victoria, the other being the Chief Investigator, Transport Safety
Chief Investigator, Transport Safety
The Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
. The Director is responsible for regulation and compliance activities in the transport sector while the Chief Investigator
Chief Investigator, Transport Safety
The Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
has responsibility for no blame or just culture investigations and inquiries. The Director, Transport Safety trades under the name Transport Safety Victoria and is subject to the high level policy and operational framework contained in the Transport Integration Act
Transport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
.
Trains and trams
The Director is responsible for the safety oversight of the rail sector in Victoria under the Rail Safety Act 2006Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
. This involves the supervision of -
- trains in MelbourneRailways in MelbourneThe Melbourne rail network is operated by Metro Trains Melbourne under franchise from the Government of Victoria. The network is based on a commuter rail model centred on the Melbourne Central Business District and Flinders Street Station, rather than a rapid transit model, with a focus on...
(operated under contract with the Director of Public TransportDirector of Public TransportThe Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
by Metro Trains MelbourneMetro Trains MelbourneMetro Trains Melbourne is the current franchise operator of the suburban railway network of Melbourne, Australia. Metro Trains Melbourne is a joint venture led by Hong Kong based MTR Corporation together with John Holland Group and United Group Rail .Metro Trains Melbourne operates a fleet of 381...
) - these services cover the provision of suburban railRail transportRail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
services in MelbourneMelbourneMelbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater... - trams in MelbourneTrams in MelbourneThe Melbourne tramway network is a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. , the network consisted of of track, 487 trams, 28 routes, and 1,773 tram stops. It was therefore the largest urban tramway network in the world, ahead of the...
(operated under contract with the Director of Public TransportDirector of Public TransportThe Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
by KDR MelbourneKDR MelbourneKDR Melbourne is a consortium led by Keolis & Downer EDI Rail that was selected by the State Government of Victoria as the franchise operator of Melbourne's tram network. Taking over from previous operator Yarra Trams, the company was awarded an eight-year contract which commenced on 30 November...
) - these services cover the provision of suburban tramTramA tram is a passenger rail vehicle which runs on tracks along public urban streets and also sometimes on separate rights of way. It may also run between cities and/or towns , and/or partially grade separated even in the cities...
and light railLight railLight rail or light rail transit is a form of urban rail public transportation that generally has a lower capacity and lower speed than heavy rail and metro systems, but higher capacity and higher speed than traditional street-running tram systems...
services in MelbourneMelbourneMelbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater... - trains in regional VictoriaRail transport in VictoriaRail transport in Victoria, Australia, is provided by a number of railway operators who operate over the government-owned railway lines. Victorian lines use broad gauge, with the exception of a number of standard gauge freight and interstate lines, a few experimental narrow gauge lines, and...
(regional passenger rail services are generally operated under contract with the Director of Public TransportDirector of Public TransportThe Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
by V/Line CorporationV/LineV/Line is a not for profit regional passenger train and coach service in Victoria, Australia. It was created after the split-up of VicRail in 1983. V/Line is owned by the V/Line Corporation which is a Victorian State Government statutory authority...
; freight services are operated by a variety of operators including Pacific NationalPacific NationalPacific National is one of Australia's largest private rail freight businesses. Originally a joint venture between Patrick Corporation and Toll Holdings; it is now a wholly owned subsidiary of Asciano Limited following the restructure of Toll Holdings....
; the Australian Rail Track CorporationAustralian Rail Track CorporationAustralian Rail Track Corporation is a federal government owned corporation established in 1997 that owns, leases, maintains and controls the majority of main line standard gauge railway lines on the mainland of Australia, known as the Defined Interstate Rail Network .-History:The Interstate...
is the infrastructure manager for the designated interstate rail network) - these services cover the provision of trainTrainA train is a connected series of vehicles for rail transport that move along a track to transport cargo or passengers from one place to another place. The track usually consists of two rails, but might also be a monorail or maglev guideway.Propulsion for the train is provided by a separate...
services in country and regional VictoriaVictoria (Australia)Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively.... - tourist and heritage rail operations in VictoriaVictoria (Australia)Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
- relevant public agencies such as the Director of Public TransportDirector of Public TransportThe Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
and VicTrackVicTrackVicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....
which have responsibility for providing rail services or land and asset services related to rail operations.
Buses
The Director is also responsible for the safety regulation of bus services in MelbourneBuses in Melbourne
Buses in Melbourne, Australia, are a major form of public transport in Melbourne, with an extensive bus network. The network of 323 bus routes is operated by a number of privately owned bus companies....
and wider Victoria (large public buses are generally operated in Victoria under contract between the Director of Public Transport
Director of Public Transport
The Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
and a wide variety of bus operators) including mini bus operators. Power is derived from the Bus Safety Act 2009
Bus Safety Act
The Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
.
Commercial shipping and recreational boating
The Director, Transport Safety is also the safety regulatorRegulator
Regulator may refer to:*Regulator , a device that maintains a designated characteristic**Battery regulator**Pressure regulator**Diving regulator**Voltage regulator...
of the commercial shipping and recreational boating sectors in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. The commercial shipping responsibilities of the Director focus on the monitoring of trading, fishing and Government vessels as well as regulation of hire and drive vessels. The monitoring of recreational craft covers the regulation of a wide range of vessels including yachts, speedboats, jet ski
Jet ski
Jet Ski is the brand name of a personal watercraft manufactured by Kawasaki Heavy Industries. The name is sometimes mistakenly used by those unfamiliar with the personal watercraft industry to refer to any type of personal watercraft; however, the name is a valid trademark registered with the...
s, canoes and paddle boats. The Director's jurisdiction to regulate shipping and boating arises under the Marine Act 1988 but will transfer in the future to the Marine Safety Act 2010 when that Act commences.
Establishment
The office of the Director, Transport Safety was established following 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 and the Director of Marine Safety. This resulted in the creation of Victoria's first integrated transport safety administration with multi modal responsibilities in land and water-based transport.The speech delivered by the Minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
in the Victorian Parliament when moving the second reading of the then Transport Integration Bill
Transport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
put the matter as follows -
-
- "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 2006Rail Safety ActThe Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
-- 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 BillBill (proposed law)A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
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 regulatorRegulatorRegulator may refer to:*Regulator , a device that maintains a designated characteristic**Battery regulator**Pressure regulator**Diving regulator**Voltage 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. "
- "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
Transport Integration Act
The Transport Integration ActTransport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
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 ActTransport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
provides that the primary object of the Director, Transport Safety is to "...independently seek the highest transport safety standards that are reasonably practicable...". Other notable objects of the Director include -
- improving the safetySafetySafety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
of public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
for public transport users - ensuring, in collaboration with other transportTransportTransport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
bodies and public entities, that public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
operates as part of an integrated transport system which seeks to meet the needs of all transport system users - managing public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
in a manner which supports sustainability by seeking to increase the share of public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
trips as a proportion of all transport trips in VictoriaVictoria (Australia)Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively.... - seeking to improve the environmental performance of public transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
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 transportPublic transportPublic transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
users while also supporting railRail transportRail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
freight services.
Functions
The functions of the Director, Transport Safety include -- performing functions or duties conferred on the office by the Marine Act 1988, Bus Services Act 1995, the Rail Safety Act 2006Rail Safety ActThe Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
and the Transport (Compliance and Miscellaneous) Act 1983Transport (Compliance and Miscellaneous) Act 1983The 'Transport Act 1983' is a prime statute regulating transport activities in the State of Victoria, Australia...
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
- preparing codes of practice and guidelines
- providing guidance and information on safety matters
- promoting educationEducationEducation in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
and trainingTrainingThe term training refers to the acquisition of knowledge, skills, and competencies as a result of the teaching of vocational or practical skills and knowledge that relate to specific useful competencies. It forms the core of apprenticeships and provides the backbone of content at institutes of... - conducting education and training
- collecting information and data and sponsoring researchResearchResearch can be defined as the scientific search for knowledge, or as any systematic investigation, to establish novel facts, solve new or existing problems, prove new ideas, or develop new theories, usually using a scientific method...
- 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 ActTransport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
provides the Director, Transport Safety with a range of general powers which can be exercised in relation to the rail, bus and marine industries. More specific powers are contained in the key statutes administered by the Director, namely the Rail Safety Act 2006
Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
, the Bus Safety Act 2009
Bus Safety Act
The Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
and the Marine Safety Act 1988. Supporting compliance powers are established in the Transport (Compliance and Miscellaneous) Act 1983
Transport (Compliance and Miscellaneous) Act 1983
The 'Transport Act 1983' is a prime statute regulating transport activities in the State of Victoria, Australia...
for the rail and bus industries.
The compliance support scheme centres on provisions enabling the appointment of authorised officers, conferral of coercive powers and a range of administrative and court-based sanctions
Sanctions
Sanctions, plural of sanction, permission depending on context; contronym; may also refer to:Involving countries:* Economic sanctions, typically a ban on trade, possibly limited to certain sectors such as armaments, or with certain exceptions .*Trade sanctions, a type of economic sanction applied...
. The key elements are -
- appointment of officers transport safety officers
- powers relating to entry to premises, inspectionInspectionAn inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity...
, securing sites, use of forceUse of forceThe term use of force describes a right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them...
and seizureSeizureAn epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...
of things - powers to searchSearch and seizureSearch and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
, enter and require production of documents and information and to require name and address details - sanctionsSanctions (law)Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
and penalties such as improvement notices, prohibition notices and infringement notices - powers to initiate prosecutionsProsecutorThe prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
, receive safety undertakings and impose commercial benefits penalty orders, supervisory intervention orders, exclusion orders and adverse publicity orders.
The powers of the Director in the marine sector under the Marine Act 1988 cover many of the areas listed above.
Independence
The Director, Transport Safety is independent of Ministers and Government generally. The Transport Integration ActTransport Integration Act
The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
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." Independence is supported by provisions in the Act requiring that the removal of the Director from office can only occur with the approval of both Houses of Parliament.
Responsibilities under statutory schemes
Many of the responsibilities of the Director, Transport Safety center around monitoring and enforcing industry compliance with safety standards established by legislation. Examples of the Director's responsibilities are set out below.Overview
The purpose of the Rail Safety Act 2006Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
is "...to provide for safe rail operations in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
". The Act
Act
Act may mean:* Act/Power is a philosophical notion defined by Aristotle and known as entelechy* Act , a British band* Act , a document recording the legality of a transaction or contract...
establishes a regulatory scheme with the following key elements -
- a number of performance based safety duties applying to a broad range of parties who can affect railRail transportRail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
safetySafetySafety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
outcomes - an accreditation scheme concentrating on key rail industry operational parties
- a requirement that rail operators have a safety management systemSafety Management SystemsSafety Management System is a term used to refer to a comprehensive business management system designed to manage occupational safety and health elements in the workplace.-Description of SMS:...
in place - alcohol and drug controls on rail safety workers
- provision for the making of codes of practice to give guidance to regulated parties.
National
While railRail transport
Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
movements in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
are predominantly local through suburban passenger services and regional passenger and freight services, interstate freight and passenger services also enter and pass through the State. The Rail Safety Act
Rail Safety Act
The Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
regulates both local and interstate services. However, companion Rail Safety Acts are also in place in each State and Territory due to extensive efforts in recent years by States, Territories and the Commonwealth to improve national harmonisation in the rail
Rail
Rail or rails may refer to:Railway transportation* A generic term for railroads, railways, rail transport, and related matters* Rail tracks, or railway lines, the running surface of a railway...
sector. These statutes and the Director's membership of and the activities of the National Rail Safety Regulators' Panel, have each had major beneficial effects on national rail
Rail
Rail or rails may refer to:Railway transportation* A generic term for railroads, railways, rail transport, and related matters* Rail tracks, or railway lines, the running surface of a railway...
operators in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
who enjoy nationally consistent safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
and across the country.
Bus Safety Act
The Bus Safety Act 2009Bus Safety Act
The Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
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. 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. Operators of smaller buses or buses not used commercially are subject to a lower impact registration requirement.
Marine Act
The Marine Act 1988 establishes a range of permissioning schemes for commercial vessels and recreational vessels and their operators and crew. In broad terms, the Act requires the Director, Transport Safety to:- set standards for the design, construction and equipment of commercial vessels
- determine crewing for vessels and issue certificates of competency
- set safety standards related to recreational vessels and local zoning rules
- license sea pilots and harbour masters and determine standards for the training of pilots, pilot exempt masters and harbour masters
- determine standards and procedures for navigation and safety on State waters
- develop standards for the provision and maintenance of navigational aids on State waters
- develop standards for the dredging and maintenance of channels
- investigate marine incidents and accidents and implement findings
- enforce and monitor compliance with standards
- promote education and training and provide guidance and information on marine safety matters
- commission and sponsor research in marine safety matters.
The Marine Act 1988 also establishes a scheme to control drug and alcohol use when in charge of a vessel and provisions prohibiting and controlling marine pollution in Victoria.
Other Victorian transport agencies
There are a range of State agencies responsible for the transport system in VictoriaVictoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
. The Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
(DOT) oversees and coordinates the activities of the agencies which can be divided into three main types - statutory offices, statutory authorities and independent transport safety agencies. Together with DOT, the agencies provide, manage and regulate transport system activities in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
including -
- heavy and light rail systems including trains and trams
- roads systems and vehicles including carsCARSCars, or automobiles, motor cars, are wheeled motor vehicles used for transporting passengers.Cars or CARS may also refer to:-Entertainment:* Cars , a Disney/Pixar film series...
, trucks and bicycles - ports and waterways including commercial ships and recreational vesselsShipSince the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
- some air transport systems.
Statutory offices
The statutory offices include -- the Director of Public TransportDirector of Public TransportThe Director of Public Transport is the Government agency responsible for promoting, providing, coordinating and regulating public transport in the State of Victoria, Australia...
- the Transport Infrastructure Development Agent.
These agencies are part of the Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
but each has a distinct statutory charter and powers.
Statutory authorities
The statutory authorities are -- the Roads Corporation (VicRoads)VicRoadsVicRoads or the Roads Corporation of Victoria is a statutory corporation which is the state road and traffic authority in the state of Victoria, Australia. It is responsible for maintenance and construction of the state arterial road network, as well as driver licensing and vehicle registration. ...
- Victorian Rail Track (VicTrack)VicTrackVicTrack is the Victorian Government agency which owns all railway and tram lines, associated rail lands and other related rail-related infrastructure in the state of Victoria, Australia....
- V/Line Corporation (V/Line)V/LineV/Line is a not for profit regional passenger train and coach service in Victoria, Australia. It was created after the split-up of VicRail in 1983. V/Line is owned by the V/Line Corporation which is a Victorian State Government statutory authority...
- the Taxi Services CommissionTaxi Services CommissionThe Taxi Services Commission is the independent Government agency responsible for conducting a major inquiry, the Taxi Industry Inquiry, into taxi and other small commercial passenger vehicle services in the State of Victoria, Australia...
- the Linking Melbourne Authority
- the Port of Melbourne CorporationPort of Melbourne CorporationThe Port of Melbourne Corporation is a statutory body established by the Victorian Government. The Corporation commenced operations on 1 July 2003, when it took over the management of the Port of Melbourne from Melbourne Port Corporation...
- the Victorian Regional Channels Authority
- the Transport Ticketing Authority
- the Regional Rail Link Authority.
These agencies are structurally separate from the Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
.
Independent transport safety agencies
The Director, Transport Safety is one of two independent transport safety agencies in the State. The other agency is the Chief Investigator, Transport SafetyChief Investigator, Transport Safety
The Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
. These agencies are part of the Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
but are functionally independent and report to the relevant Ministers. The Director, Transport Safety has oversight of safety regulation schemes and industry performance under the schemes. By contrast, the Chief Investigator, Transport Safety
Chief Investigator, Transport Safety
The Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
is responsible for no blame or just culture inquiries and investigations in the transport sector.
See also
- Rail Transport in VictoriaRail transport in VictoriaRail transport in Victoria, Australia, is provided by a number of railway operators who operate over the government-owned railway lines. Victorian lines use broad gauge, with the exception of a number of standard gauge freight and interstate lines, a few experimental narrow gauge lines, and...
- Railways in MelbourneRailways in MelbourneThe Melbourne rail network is operated by Metro Trains Melbourne under franchise from the Government of Victoria. The network is based on a commuter rail model centred on the Melbourne Central Business District and Flinders Street Station, rather than a rapid transit model, with a focus on...
- Trams in MelbourneTrams in MelbourneThe Melbourne tramway network is a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. , the network consisted of of track, 487 trams, 28 routes, and 1,773 tram stops. It was therefore the largest urban tramway network in the world, ahead of the...
- Buses in MelbourneBuses in MelbourneBuses in Melbourne, Australia, are a major form of public transport in Melbourne, with an extensive bus network. The network of 323 bus routes is operated by a number of privately owned bus companies....
- Department of TransportDepartment of Transport (Victoria, Australia)The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
- Rail Safety ActRail Safety ActThe Rail Safety Act 2006 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State...
- Bus Safety ActBus Safety ActThe Bus Safety Act 2009 is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of bus operations across the State....
- Transport Integration ActTransport Integration ActThe Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....
- Director, Public Transport SafetyDirector, Public Transport SafetyThe Director, Public Transport Safety was the independent Government agency responsible for rail and bus safety in the State of Victoria, Australia, between 1 August 2006 and 30 June 2010. The position was created as a statutory office by statute in early 2006 and was the State's first...
- Chief Investigator, Transport SafetyChief Investigator, Transport SafetyThe Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
- SafetySafetySafety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
- Transport Act 1983Transport Act 1983The Transport Act 1983 was the main statute establishing government transport organisations and regulating land transport activities in the State of Victoria, Australia for 27 years from mid 1983 to mid 2010...
- Transport (Compliance and Miscellaneous) Act 1983Transport (Compliance and Miscellaneous) Act 1983The 'Transport Act 1983' is a prime statute regulating transport activities in the State of Victoria, Australia...