PERSONALISED TRANSPORT OMBUDSMAN ACT 2019 - As at 12 September 2019 - Act 24 of 2019

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

• 1 Short title
• 2 Commencement
• 3 Purpose of Act
• 4 How purpose is achieved
• 5 Act binds all persons

Division 2 - Interpretation

• 6 Definitions
• 7 Meaning of personalised transport service
• 8 Meaning of personalised transport complaint

PART 2 - PERSONALISED TRANSPORT OMBUDSMAN AND OFFICE OF PERSONALISED TRANSPORT OMBUDSMAN

Division 1 - Personalised transport ombudsman

• 9 Personalised transport ombudsman
• 10 Term of appointment
• 11 Conditions of appointment
• 12 Disqualification as personalised transport ombudsman
• 13 Leave of absence
• 14 Resignation
• 15 Vacancy in office
• 16 Notice of disqualification
Subdivision 2 - Functions and powers
• 17 Functions
• 18 Obligations in performing functions
• 19 General powers
• 20 Personalised transport ombudsman not subject to direction
• 21 Minister may refer matter to personalised transport ombudsman
Subdivision 3 - Miscellaneous
• 22 Criminal history report
• 23 Criminal history information confidential
• 24 Preservation of existing rights and entitlements

Division 2 - Office of the Personalised Transport Ombudsman

• 25 Office of the Personalised Transport Ombudsman
• 26 Control of the office
• 27 Officers
• 28 Officers not subject to outside direction
• 29 Alternative staffing arrangements
• 30 Office not a statutory body for particular Acts

PART 3 - PERSONALISED TRANSPORT COMPLAINTS

Division 1 - Complaints process

• 31 Making a complaint
• 32 Dealing with complaints
• 33 Preliminary inquiries
• 34 Withdrawal of complaint

Division 2 - Refusal to investigate complaints

• 35 When investigation of complaint must be refused
• 36 When investigation of complaint may be refused
• 37 Notice about refusal to investigate complaint

Division 3 - Referrals to chief executive (transport)

• 38 Referring matter raised in complaint to chief executive (transport)
• 39 Investigation of complaint must be deferred
• 40 Dealing with complaint after advice from chief executive (transport)

Division 4 - Investigating complaints

• 41 Notice of investigation
• 42 Investigation procedure
• 43 Duty of parties to complaint
• 44 Report to chief executive (passenger transport) if party does not participate in good faith
• 45 Preparing report about investigation
• 46 Including particular documents or information in investigation report
• 47 Opportunity to respond to adverse comment in investigation report
• 48 Final investigation report
Subdivision 2 - Powers
• 49 Application of subdivision
• 50 Power to require information
• 51 Power to require attendance

Division 5 - Confidentiality and information sharing

• 52 Documents in personalised transport ombudsman’s custody
• 53 Information sharing arrangements

Division 6 - Protections

• 54 Giving of information protected
• 55 Protection from reprisal
• 56 Damages for reprisal

PART 4 - ENFORCEMENT

Division 1 - General provisions about authorised officers

• 57 Authorised officers under part
• 58 Personalised transport ombudsman is an authorised officer
• 59 Appointment and qualifications
• 60 Appointment conditions and limit on powers
• 61 When office ends
• 62 Resignation
Subdivision 2 - Identity cards
• 63 Issue of identity card
• 64 Production or display of identity card
• 65 Return of identity card
Subdivision 3 - Miscellaneous provisions
• 66 References to exercise of powers
• 67 Reference to document includes reference to reproductions from electronic document

Division 2 - Entry of places by authorised officers

• 68 General power to enter places
Subdivision 2 - Entry by consent
• 69 Application of subdivision
• 70 Incidental entry to ask for access
• 71 Matters authorised officer must tell occupier
• 72 Consent acknowledgement
Subdivision 3 - Entry under warrant
• 73 Application for warrant
• 74 Issue of warrant
• 75 Electronic application
• 76 Additional procedure if electronic application
• 77 Defect in relation to a warrant
• 78 Entry procedure

Division 3 - General powers of authorised officers after entering places

• 79 Application of division
• 80 General powers
• 81 Power to require reasonable help
• 82 Offence to contravene help requirement

Division 4 - Other information-obtaining powers of authorised officers

• 83 Power to require information or attendance
• 84 Offence to contravene information or attendance requirement

Division 5 - Miscellaneous provisions relating to authorised officers

• 85 Duty to avoid inconvenience and minimise damage
• 86 Notice of damage
Subdivision 2 - Compensation
• 87 Compensation
Subdivision 3 - Other offences relating to authorised officers
• 88 Obstructing authorised officer
• 89 Impersonating authorised officer

PART 5 - MISCELLANEOUS PROVISIONS

• 90 Evidentiary aids
• 91 Disclosure by chief executive (transport)
• 92 Delegations
• 93 Giving false or misleading information
• 94 Confidential information not to be disclosed
• 95 Protection from liability
• 95A Matters for annual report
• 96 Review of Act and operations of office
• 97 Regulation-making power

PART 6 - TRANSITIONAL PROVISION

• 98 Pre-commencement matters may be dealt with

PART 7 - AMENDMENT OF ACTS

Division 1 - Amendment of this Act

• 99 Act amended
• 100 Amendment of long title

Division 2 - Amendment of Integrity Act 2009

• 101 Act amended
• 102 Amendment of sch 1 (Statutory office holders for section 72C)

Division 3 - Amendment of Public Service Act 2008

• 103 Act amended
• 104 Amendment of sch 1 (Public service offices and their heads)

Division 4 - Amendment of Tobacco and Other Smoking Products Act 1998

• 105 Act amended
• 106 Amendment of s 26ZKB (Person must not smoke at or near public transport waiting point)

Division 5 - Amendment of Transport Infrastructure Act 1994

• 107 Act amended
• 108 Amendment of s 377C (Operating public passenger service under agreement)

Division 6 - Amendment of Transport Operations (Passenger Transport) Act 1994

• 109 Act amended
Subdivision 2 - Amendments commencing on assent
• 110 Amendment of s 91G (Transfer of taxi service licence between taxi service areas)
• 111 Amendment of s 91ZI (What is a relevant driver offence)
• 112 Amendment of s 91ZW (Annual taxi industry security levy payable)
• 113 Amendment of s 128 (Power to require information from certain persons)
• 114 Amendment of s 153B (Facilitation of proof—general)
• 115 Omission of ch 12, pt 4 (Other provision)
• 116 Amendment of sch 3 (Dictionary)
Subdivision 3 - Amendments commencing by proclamation
• 117 Replacement of s 12 (What is operator accreditation)
• 118 Replacement of s 15 (Duty of operator)
• 119 Amendment of s 22A (Operator accreditation is evidence of being the operator)
• 120 Replacement of s 24 (What is driver authorisation)
• 121 Replacement of s 27 (Driver must hold appropriate authorisation)
• 122 Replacement of ch 11A, hdg (Fare evasion and other offences)
• 123 Amendment of s 143AA (Definitions for ch 11A)
• 124 Replacement of s 143AB (When does a person evade payment of a fare)
• 125 Omission of s 143AC (Fare evasion)
• 126 Omission of ss 143ADA and 143ADB
• 127 Amendment of s 143AG (Direction to leave, or not to enter, vehicle)
• 128 Amendment of s 143AHA (Power to require person to leave public transport infrastructure if person committing particular offences)
• 129 Replacement of s 143C (Unclaimed credit on smartcards)
• 130 Insertion of new s 148BB
• 131 Amendment of s 153B (Facilitation of proof—general)
• 132 Amendment of s 154 (Attempt to commit offence)
• 133 Amendment of s 154A (Direction to pay operator the penalty recovered for fare evasion etc.)
• 134 Insertion of new ch 13, pt 20
• 135 Amendment of sch 3 (Dictionary)
• SCHEDULE 1