Type Government Agency Founder Government of Victoria | Founded 1 July 2010 Area served Victoria | |
Predecessor Director, Public Transport Safety Headquarters Melbourne, Victoria, Australia |
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 and the office commenced operation on 1 July 2010.
Contents
- Trains and trams
- Buses
- Recreational boating
- Establishment
- Transport Integration Act
- Objects
- Functions
- Powers
- Independence
- Responsibilities under statutory schemes
- Overview
- National
- Bus Safety Act
- Marine Safety Act
- Other Victorian transport agencies
- Statutory offices
- Statutory authorities
- Independent transport safety agencies
- References
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 conducts no blame or just culture investigations and inquiries. The Director, Transport Safety operates under the name Transport Safety Victoria.
Trains and trams
The Director is responsible for the safety oversight of the rail sector in Victoria under the Rail Safety Act 2006. This involves the supervision of -
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 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.
Recreational boating
The Director, Transport Safety 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).
Establishment
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 and the Director of Marine Safety. This resulted in Victoria's first integrated transport safety administration with multi modal responsibilities in land and water-based transport.
The relevant Minister in the Victorian Parliament put the matter as follows -
Transport Integration Act
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...". Other notable objects of the Director include -
Functions
The functions of the Director, Transport Safety include -
Powers
The Transport Integration Act 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 enables the appointment of authorised officers and confers 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.
Independence
The Director, Transport Safety 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." 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.
Responsibilities under statutory schemes
Many of the responsibilities of the Director, Transport Safety center on 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 2006 is "...to provide for safe rail operations in Victoria". The Act establishes a regulatory scheme with the following key elements -
National
While rail 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.
Bus Safety Act
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. 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.
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 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 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 -
Statutory offices
The statutory office is the Transport Infrastructure Development Agent. The agency is part of the Department of Transport but has a distinct statutory charter and powers.
Statutory authorities
The statutory authorities are -
These agencies are structurally separate from the Department of Transport.
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 Safety. 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.