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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport (Taxi Driver Standards and
Ombudsman) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983 3
3. Increased penalty for false statements 3
4. Grounds of refusal of driver's certificate 3
5. Grounds of revocation of driver's certificate 4
6. Insertion of sections 157A and 157B 5
157A. Extension of meaning of "conviction" as used in
sections 156, 157 and 157B 5
157B. Notification of convictions 6
7. Divulging of restricted information 7
8. Insertion of section 221T 8
221T. Investigation by Ombudsman 8
9. Minor amendments 9
PART 3--AMENDMENTS TO OTHER ACTS 10
10. Additional functions 10
11. Restrictions concerning participation in certain schemes 10
12. Amendments to the Public Transport Competition Act 1995 11
ENDNOTES 12
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 October 2002
A BILL
to amend the Transport Act 1983, the Rail Corporations Act 1996
and the Public Transport Competition Act 1995 and for other
purposes.
Transport (Taxi Driver Standards and
Ombudsman) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are--
(a) to amend the Transport Act 1983--
5 (i) to enable people who have been
convicted of serious offences to be
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 1--PRELIMINARY MATTERS
s. 2
disqualified from applying for driver's
certificates for specified periods; and
(ii) to enable certain information to be
given to a public transport industry
5 ombudsman; and
(iii) to enable the Ombudsman to
investigate the activities of any person
authorised to carry out certain public
transport related functions, even if the
10 person is an employee of a private
company; and
(b) to amend the Rail Corporations Act 1996
to ensure that Rail Track and the Spencer
Street Station Authority are able to
15 participate in a public transport industry
ombudsman scheme, but only with the
approval of the Minister; and
(c) to repeal some obsolete provisions of the
Public Transport Competition Act 1995.
20 2. Commencement
(1) This Part and sections 8 and 9 come into operation
on the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
25 provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 January 2003, it comes into
operation on that day.
__________________
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 3
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
3. Increased penalty for false statements
See: At the foot of section 91 of the Transport Act
Act No.
1983 insert--
9921/1983.
Reprint No. 8
5 "Penalty: 60 penalty units.".
as at
13 June 2002
and
amending Act
Nos 81/2000
and 54/2001
(as amended
by Act No.
22/2002),
94/2001,
32/2002,
35/2002 and
37/2002.
LawToday:
www.dms.
dpc. vic.
gov.au
4. Grounds of refusal of driver's certificate
(1) After section 156(2) of the Transport Act 1983
insert--
"(2A) Without limiting the discretion conferred on
10 the licensing authority by sub-section (2), the
licensing authority may refuse to grant a
person's application for a driver's certificate
if the person has been convicted of a level 1
or 2 offence.
15 (2B) If the licensing authority refuses to grant a
person's application for a driver's certificate
because the person has been convicted of a
level 1 or 2 offence, the licensing authority
may declare that the person is ineligible to be
20 granted a driver's certificate for a specified
period.
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 5
(2C) If the licensing authority makes a
declaration, it must give the person notice in
writing of the declaration.
(2D) The licensing authority must refuse to grant
5 an application for a driver's certificate made
by a person while that person is ineligible to
be granted a driver's certificate under sub-
section (2B) or under section 157(2A)(b).
(2E) Sub-sections (2A) and (2B) only apply with
10 respect to a conviction for an offence that
was committed on or after the date of
commencement of section 4 of the
Transport (Taxi Driver Standards and
Ombudsman) Act 2002.".
15 (2) In section 156(4) of the Transport Act 1983, for
"Subject to section 33 of the Public Transport
Competition Act 1995, a" substitute "A".
5. Grounds of revocation of driver's certificate
(1) After section 157(2) of the Transport Act 1983
20 insert--
"(2A) If the licensing authority is satisfied that a
person holding a driver's certificate has been
convicted of a level 1 or 2 offence, it may,
by notice in writing--
25 (a) revoke the driver's certificate; and
(b) declare that the person is ineligible to
be granted a driver's certificate for a
specified period.
(2B) If the licensing authority makes a
30 declaration, it must give the person notice in
writing of the declaration.
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 6
(2C) Sub-section (2A)--
(a) does not limit the discretion conferred
on the licensing authority by sub-
section (2)(b); and
5 (b) only applies with respect to a
conviction for an offence that was
committed on or after the date of
commencement of section 5 of the
Transport (Taxi Driver Standards
10 and Ombudsman) Act 2002.".
(2) For sections 157(5) and 157(6) of the Transport
Act 1983 substitute--
"(5) If the licensing authority suspends or revokes
a person's certificate under this section, or
15 makes a declaration in relation to a person
under sub-section (2A)(b), the person may
appeal against the licensing authority's
decision to the Magistrates' Court within
28 days after receiving written notice of the
20 decision.
(6) On filing a notice of appeal under sub-
section (5) at the Magistrates' Court, the
person must give a copy of the notice of
appeal to the licensing authority.".
25 6. Insertion of sections 157A and 157B
After section 157 of the Transport Act 1983
insert--
'157A. Extension of meaning of "conviction" as
used in sections 156, 157 and 157B
30 A reference in section 156, 157 or 157B to a
conviction of a person for an offence--
(a) includes a reference to a court finding
the offence proven against the person,
even though the court does not record a
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 6
conviction against the person for the
offence; and
(b) includes a conviction incurred outside
Victoria for an offence that, in the
5 opinion of the licensing authority,
corresponds to a level 1 or 2 offence;
and
(c) includes a conviction for an offence
against a Commonwealth Act that, in
10 the opinion of the licensing authority,
corresponds to a level 1 or 2 offence.
157B. Notification of convictions
(1) This section applies to a person--
(a) who--
15 (i) holds a driver's certificate; or
(ii) has applied for a driver's
certificate but who has not had the
application determined; and
(b) who becomes aware that he or she has
20 been charged with, or been convicted
of--
(i) a level 1 or 2 offence; or
(ii) an offence against section 64 or 65
of the Road Safety Act 1986.
25 (2) The person must immediately after becoming
aware of the charge or conviction give the
licensing authority details of the charge or
conviction.
Penalty: 10 penalty units.
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 7
(3) Sub-section (2) does not require a person to
give the licensing authority any details that
he or she has already provided to the
licensing authority.
5 (4) This section only applies with respect to
charges that are laid, or convictions that
occur, on or after the date of commencement
of section 6 of the Transport (Taxi Driver
Standards and Ombudsman) Act 2002.'.
10 7. Divulging of restricted information
(1) In section 221(7) of the Transport Act 1983, for
"sub-section (8)" insert "sub-sections (8) and (9)".
(2) After section 221(8) of the Transport Act 1983
insert--
15 "(9) Sub-section (7) also does not prevent the
divulging, use or revealing of information to
a person--
(a) who the Secretary certifies in writing--
(i) is a public transport industry
20 ombudsman; and
(ii) has an appropriate privacy
protection policy in operation in
relation to any information of the
nature of the information that is to
25 be divulged to, used by, or
revealed to, the person; and
(b) who states in writing that the
information is needed to investigate or
otherwise deal with a complaint
30 concerning public transport made to the
person.".
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 8
8. Insertion of section 221T
After section 221S of the Transport Act 1983
insert--
"221T. Investigation by Ombudsman
5 (1) The Ombudsman may enquire into or
investigate--
(a) any action taken, or not taken, by a
person--
(i) who is authorised under a relevant
10 provision; or
(ii) who is an authorised officer in
relation to a transport or ticket
infringement under Division 2 of
Part VII; or
15 (iii) who is an authorised officer
within the meaning of
section 218B--
in the person's capacity as an authorised
person under the relevant authorising
20 provision; and
(b) any matter relating to such an action or
inaction.
(2) For the purposes of sub-section (1), the
Ombudsman Act 1973 applies as if--
25 (a) the employer of the person was a public
statutory body within the meaning of
that Act; and
(b) the senior executive officer of the
employer (by whatever title he or she is
30 known) was the principal officer of that
public statutory body.".
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
s. 9
9. Minor amendments
In the Transport Act 1983--
(a) in section 6C(1), omit "of Transport";
(b) in section 7, for "of Transport" substitute
5 "for Transport";
(c) in section 100A(1)(b), for "by the
Department" substitute "by the Secretary";
(d) in section 100A(4)(b), for "the restrictions"
substitute "any restrictions";
10 (e) section 149(2)(a) is repealed.
__________________
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 3--AMENDMENTS TO OTHER ACTS
s. 10
PART 3--AMENDMENTS TO OTHER ACTS
10. Additional functions
See:
(1) After section 11(1)(bb) of the Rail Corporations Act No.
Act 1996 insert-- 79/1996.
Reprint No. 2
5 "(bc) to efficiently deal with any complaints as at
13 January
concerning the way it carries out its 2001 and
functions;". amending
Act Nos
(2) After section 18ZJ(1)(b) of the Rail 44/2001,
54/2001,
Corporations Act 1996 insert-- 62/2001
and 20/2002.
10 "(ba) to efficiently deal with any complaints LawToday:
www.dms.
concerning the way it carries out its
dpc. vic.
functions; and". gov.au
11. Restrictions concerning participation in certain
schemes
15 (1) After section 11(4) of the Rail Corporations Act
1996 insert--
"(5) Despite sub-sections (2) and (3), Rail Track
must not, without the written approval of the
Minister--
20 (a) form, or participate in the formation of,
or be a member of, or hold shares in, a
company that carries out the functions
of a public transport industry
ombudsman; or
25 (b) enter into an agreement with respect to
participating in a public transport
industry ombudsman scheme.".
(2) After section 18ZJ(5) of the Rail Corporations
Act 1996 insert--
30 "(6) Despite sub-sections (3) and (4), the
Authority must not, without the written
approval of the Minister--
10
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
PART 3--AMENDMENTS TO OTHER ACTS
s. 12
(a) form, or participate in the formation of,
or be a member of, or hold shares in, a
company that carries out the functions
of a public transport industry
5 ombudsman; or
(b) enter into an agreement with respect to
participating in a public transport
industry ombudsman scheme.".
12. Amendments to the Public Transport Competition Act
10 1995
In the Public Transport Competition Act
1995--
(a) in section 3(1), the definition of
"disqualifying offence" is repealed;
15 (b) sections 9(2), 9(3), 31, 32 and 33 are
repealed.
11
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Transport (Taxi Driver Standards and Ombudsman) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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