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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport Legislation Amendment (Driver and
Industry Standards) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO TRANSPORT ACT 1983 3
3 Definitions--commercial passenger vehicle drivers 3
4 Definitions--taxi-cab industry participants 4
5 Mandatory refusal of accreditation 5
6 Presumption in favour of refusal of accreditation 6
7 Disciplinary actions in respect of accreditation 7
8 Jurisdiction of VCAT 7
9 Driver accreditation--interpretation 7
10 Qualifications for accreditation 8
11 Matters to be considered by Director 9
12 Conditions on accreditation 10
13 Cancellation of accreditation 10
14 Actions the Director may take 11
15 Jurisdiction of VCAT as to category 1 offenders 11
16 New Division 7 inserted in Part VIII 12
Division 7--Transitional Provisions--Transport
Legislation Amendment (Driver and Industry Standards)
Act 2008 12
274 Accreditations 12
PART 3--AMENDMENT TO WORKING WITH CHILDREN
ACT 2005 14
17 New section 32A inserted 14
32A Accredited drivers 14
561315B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
PART 4--REPEAL OF AMENDING ACT 16
18 Repeal of amending Act 16
ENDNOTES 17
561315B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Transport Legislation Amendment
(Driver and Industry Standards)
Bill 2008
A Bill for an Act to amend the Transport Act 1983 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Transport Act 1983 in relation
5 to accreditations; and
(b) to amend the Working with Children Act
2005 in relation to exemptions for accredited
drivers of public passenger vehicles.
561315B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
561315B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 3
PART 2--AMENDMENTS TO TRANSPORT ACT 1983
3 Definitions--commercial passenger vehicle drivers
(1) In section 86(1) of the Transport Act 1983, in See:
Act No.
the definition of category 1 offence, after 9921.
5 paragraph (c) insert-- Reprint No. 13
as at
2 January
"(ca) an offence against section 5A of the Crimes 2008
Act 1958; or and
amending
(cb) an offence against section 318 of the Crimes Act Nos
95/2005,
Act 1958; or". 9/2006,
71/2006,
10 (2) In section 86(1) of the Transport Act 1983, in the 30/2007,
definition of category 2 offence-- 59/2007,
69/2007,
4/2008
(a) in paragraph (a), for "or (c)" insert and 44/2008.
", (c), (cd) or (ce)"; LawToday:
www.
(b) after paragraph (c) insert-- legislation.
vic.gov.au
15 "(ca) an offence against section 24 of the
Crimes Act 1958 arising out of the
driving of a motor vehicle by the
offender; or
(cb) an offence against section 21A of the
20 Crimes Act 1958; or
(cc) an offence against section 60B of the
Crimes Act 1958; or
(cd) an offence against section 319(1) of the
Crimes Act 1958; or
25 (ce) an offence against section 319(1A) of
the Crimes Act 1958; or
(cf) an offence against section 61 of the
Road Safety Act 1986 resulting in a
person being killed or suffering serious
30 injury; or
561315B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 4
(cg) an offence against section 71AB or 71B
of the Drugs, Poisons and Controlled
Substances Act 1981; or
(ch) an offence against section 46 or 47 or
5 Part 5 of the Sex Offenders
Registration Act 2004 (other than
section 70); or
(ci) an offence against the Serious Sex
Offenders Monitoring Act 2005 (other
10 than section 42(3)); or
(cj) an offence against section 271.4
(trafficking in children) or
section 271.7 (domestic trafficking in
children) of the Criminal Code of the
15 Commonwealth other than in
circumstances where the purpose of
the exploitation is to provide sexual
services within the meaning of that
section; or".
20 4 Definitions--taxi-cab industry participants
(1) In section 130A(1) of the Transport Act 1983, in
the definition of tier 1 offence, after paragraph (c)
insert--
"(ca) an offence against section 5A of the Crimes
25 Act 1958; or
(cb) an offence against section 318 of the Crimes
Act 1958; or".
(2) In section 130A(1) of the Transport Act 1983, in
the definition of tier 2 offence--
30 (a) in paragraph (a), after "(c)" insert
", (ca), (cb)";
561315B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 5
(b) after paragraph (b) insert--
"(ba) an offence against section 24 of the
Crimes Act 1958 arising out of the
driving of a motor vehicle by the
5 offender; or
(bb) an offence against section 319(1) of the
Crimes Act 1958; or
(bc) an offence against section 319(1A) of
the Crimes Act 1958; or
10 (bd) an offence against section 61 of the
Road Safety Act 1986 resulting in a
person being killed or suffering serious
injury; or".
(3) In section 130A(2) of the Transport Act 1983--
15 (a) in paragraph (d)(ii)--
(i) omit "under"; and
(ii) for "offence--" substitute "offence or
an offence available as an alternative;
or";
20 (b) after paragraph (d)(ii) insert--
"(iii) the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 of
not guilty because of mental
impairment--".
25 5 Mandatory refusal of accreditation
(1) In section 132D(1)(a) of the Transport Act 1983
omit "or as a provider of taxi-cab network
services".
561315B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 6
(2) After section 132D(1)(a) of the Transport Act
1983 insert--
"(ab) in the case of accreditation as a provider of
taxi-cab network services, the applicant or a
5 relevant person in relation to the applicant--
(i) has been found guilty of a tier 1 offence
other than an offence under section 318
of the Crimes Act 1958; or
(ii) is a person who is subject to--
10 (A) reporting obligations referred to in
section 12(1)(a) of the Working
with Children Act 2005; or
(B) an order referred to in section
12(1)(b) of the Working with
15 Children Act 2005; and".
(3) After section 132D(3) of the Transport Act 1983
insert--
"(4) The licensing authority must not refuse to
issue an accreditation to a person on a
20 ground referred to in subsection (1)(a)(i) if a
decision to refuse to issue an accreditation or
a decision to cancel an accreditation in
respect of that person on that ground has
previously been overturned by VCAT.".
25 6 Presumption in favour of refusal of accreditation
In section 132E of the Transport Act 1983--
(a) in paragraph (b)--
(i) omit "or as a provider of taxi-cab
network services";
30 (ii) for "offence--" substitute "offence;
or";
561315B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 7
(b) after paragraph (b) insert--
"(c) as a provider of taxi-cab network
services if the licensing authority is
aware that the applicant, or a relevant
5 person in relation to the applicant, has
been found guilty of a tier 2 offence or
an offence under section 318 of the
Crimes Act 1958--".
7 Disciplinary actions in respect of accreditation
10 In section 135A(3) of the Transport Act 1983,
after "132D(1)(a)" insert "or (ab)".
8 Jurisdiction of VCAT
In section 136(1)(a) and 136(2)(b) of the
Transport Act 1983, after "132D(1)(a)" insert
15 "or (ab)".
9 Driver accreditation--interpretation
In section 163(1) of the Transport Act 1983--
(a) in paragraph (d)(ii)--
(i) omit "under"; and
20 (ii) for "offence--" substitute "offence or
an offence available as an alternative;
or";
(b) after paragraph (d)(ii) insert--
"(iii) the Crimes (Mental Impairment and
25 Unfitness to be Tried) Act 1997 of
not guilty because of mental
impairment--".
561315B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 10
10 Qualifications for accreditation
For section 167(1) of the Transport Act 1983
substitute--
"(1) The Director may require an applicant for
5 driver accreditation to do all or any of the
following--
(a) to undertake a specified course of
training;
(b) to hold a specified qualification;
10 (c) to pass tests specified by the Director
including tests relating to--
(i) the applicant's fitness to drive a
vehicle; or
(ii) the applicant's medical condition.
15 (1A) The Director may specify courses of training
by reference to either or both of the
following--
(a) the name of the course;
(b) the provider of the course.
20 (1B) In specifying a course of training, the
Director must be satisfied as to--
(a) the content or nature of the course; and
(b) the materials, resources and equipment
required to provide the course.
25 (1C) In specifying a course of training under this
section, the Director must have regard to--
(a) the public care objective; and
(b) the objective of ensuring that applicants
are technically competent to operate a
30 commercial passenger vehicle.
561315B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 11
(1D) Without limiting subsection (1) or (1A), the
courses of training, qualifications and tests
specified by the Director may include those
relating to--
5 (a) the driving of vehicles of a specified
class or classes;
(b) the knowledge of the names and
location of significant streets and places
in Melbourne or any other area relevant
10 to the specified class of vehicle;
(c) the knowledge and use of the English
language;
(d) customer service in the field of
commercial passenger transport and
15 private bus services.
(1E) The Director must publish the name and
provider of any course of training specified
under this section on the Department's
Internet site.".
20 11 Matters to be considered by Director
(1) After section 169(1) of the Transport Act 1983
insert--
"(1A) For the purposes of subsection (1), the
Director must have regard to whether the
25 applicant has at any time been subject to a
finding of a prescribed kind made by, or on
behalf of a prescribed body, referred to in
section 14(1)(a) of the Working with
Children Act 2005.".
30 (2) In section 169(3) of the Transport Act 1983,
after "the applicant" insert "is the subject of a
charge for a category 1 offence or".
(3) In section 169(4)(b) of the Transport Act 1983
for "a disqualifying offence" substitute
35 "a category 2 offence or category 3 offence".
561315B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 12
(4) After section 169(6) of the Transport Act 1983
insert--
"(7) The Director must not refuse to issue or
renew an accreditation to a person on a
5 ground referred to in subsection (2) if a
decision to refuse to issue an accreditation or
renew an accreditation or a decision to
cancel an accreditation in respect of that
person on that ground has previously been
10 overturned by VCAT.".
12 Conditions on accreditation
After section 169A(2) of the Transport Act 1983
insert--
"(2A) Without limiting subsection (1), the Director
15 may impose on a driver accreditation a
condition requiring the holder of the
accreditation to undertake a course of
training or to pass a test specified under
section 167.".
20 13 Cancellation of accreditation
At the end of section 169E of the Transport Act
1983 insert--
"(2) The Director must not cancel an
accreditation of a person on a ground
25 referred to in subsection (1) if a decision to
refuse to issue an accreditation or renew an
accreditation or a decision to cancel an
accreditation in respect of that person on that
ground has previously been overturned by
30 VCAT.".
561315B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 14
14 Actions the Director may take
After section 169I(1)(b) of the Transport Act
1983 insert--
"(ba) require the holder of the accreditation to
5 undertake a course of training or to pass a
test specified under section 167;".
15 Jurisdiction of VCAT as to category 1 offenders
(1) In section 169N(3) of the Transport Act 1983 for
"objective." substitute "objective; and".
10 (2) After section 169N(3)(b) of the Transport Act
1983 insert--
"(c) VCAT is satisfied that--
(i) the making of the order would not pose
an unjustifiable risk to the safety of
15 persons using services provided by the
drivers of commercial passenger
vehicles and private bus services,
having regard to--
(A) the matters set out in section
20 169C(3)(b)(i) to (x); and
(B) any other matter that VCAT
considers relevant to the
application; and
(ii) in all the circumstances, it is in the
25 public interest to make the order.".
(3) Section 169N(4) of the Transport Act 1983 is
repealed.
561315B.I-3/12/2008 11 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 16
16 New Division 7 inserted in Part VIII
After Division 6 of Part VIII of the Transport
Act 1983 insert--
"Division 7--Transitional Provisions--
5 Transport Legislation Amendment (Driver and
Industry Standards) Act 2008
274 Accreditations
(1) The amendments made to this Act by
sections 4, 5, 6, 7, 8, 9, 11 and 15 of the
10 Transport Legislation Amendment
(Driver and Industry Standards) Act 2008
apply to any application for accreditation or
renewal of accreditation under Division 4 of
Part VI that was made but not finally decided
15 or withdrawn immediately before the
commencement of section 16 of that Act.
(2) The Director must--
(a) immediately after the commencement
of section 16 of the Transport
20 Legislation Amendment (Driver and
Industry Standards) Act 2008, notify
each person who has made an
application for accreditation that was
not finally decided or withdrawn
25 immediately before that
commencement that his or her
application will be assessed in
accordance with this Act as amended
by that 2008 Act; and
561315B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 2--Amendments to Transport Act 1983
s. 16
(b) give each person so notified 28 days
to--
(i) withdraw his or her application if
the person wishes to do so; or
5 (ii) provide the Director with relevant
information.
(3) The amendments made to this Act by
sections 4, 5, 6, 7, 8, 9, 11 and 15 of the
Transport Legislation Amendment
10 (Driver and Industry Standards) Act 2008
apply to any accreditation that was held or
deemed to be held by a person immediately
before the commencement of section 16 of
that Act.".
__________________
561315B.I-3/12/2008 13 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 3--Amendment to Working with Children Act 2005
s. 17
PART 3--AMENDMENT TO WORKING WITH CHILDREN
ACT 2005
17 New section 32A inserted
See: After section 32 of the Working with Children
Act No.
5 57/2005. Act 2005 insert--
Reprint No. 2
as at "32A Accredited drivers
22 May 2008
and (1) A person who engages in work of a kind that
amending
Act Nos requires a current driver accreditation under
21/2008 and Division 6 of Part VI of the Transport Act
52/2008.
10 LawToday: 1983 and, but for this section, would also
www. require a working with children check, is
legislation.
vic.gov.au exempt from a working with children check
in relation to that work unless--
(a) the accreditation has been issued as a
15 result of a decision under section
169(3), 169(4), 169N or 169O of that
Act; or
(b) the person has been given a negative
notice and has not subsequently been
20 given an assessment notice under this
Act.
(2) The Director of Public Transport (within the
meaning of the Transport Act 1983) may
give written advice to the Secretary of any of
25 the following findings under that Act--
(a) a refusal or suspension or cancellation
of a driver accreditation under
Division 6 of Part VI of the Transport
Act 1983;
30 (b) a refusal to renew a driver accreditation
under that Division;
561315B.I-3/12/2008 14 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 3--Amendment to Working with Children Act 2005
s. 17
(c) a decision of the Director disqualifying
a person applying for a driver
accreditation under that Division;
(d) the imposition of a condition on a
5 driver accreditation under that Division.
(3) Subsection (1) only applies to persons who
applied for and were granted a driver
accreditation or renewal of driver
accreditation after the commencement of
10 section 17 of the Transport Legislation
Amendment (Driver and Industry
Standards) Act 2008.".
__________________
561315B.I-3/12/2008 15 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Part 4--Repeal of Amending Act
s. 18
PART 4--REPEAL OF AMENDING ACT
18 Repeal of amending Act
This Act is repealed on the first anniversary of
the day on which it receives the Royal Assent.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561315B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
Transport Legislation Amendment (Driver and Industry Standards) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561315B.I-3/12/2008 17 BILL LA INTRODUCTION 3/12/2008
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