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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transport Legislation (Safety Investigations) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New definitions 2
4. Insertion of new Part V 2
PART V--CHIEF INVESTIGATOR, TRANSPORT AND
MARINE SAFETY INVESTIGATIONS 2
Division 1--Preliminary Matters 2
82. Object 2
82A. What is a public transport safety matter? 3
82B. What is a marine safety matter? 4
82C. Application of definitions to this Part 5
Division 2--Appointment, Functions and General Powers 5
83. Chief Investigator 5
83A. Principal function 6
83B. Other functions 6
83C. Chief Investigator to act independently 7
83D. General powers 7
83E. Appointment and terms of office 7
83F. When the Chief Investigator ceases to hold office 8
83G. Suspension and removal from office for misconduct etc. 9
83H. Acting Chief Investigator 11
83I. Staff 11
83J. Delegation 12
83K. Protection of Chief Investigator from liability 12
83L. Validity of acts and decisions 13
Division 3--Investigations 13
84. Specific investigation powers--public transport safety
matters 13
84A. Specific investigation powers--marine safety matters 16
84B. Identity cards 16
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Clause Page
Division 4--Reports and Miscellaneous Matters 17
85. Reports to be given promptly to the Minister 17
85A. Consultation before report finalised 17
85B. Minister may direct that investigation be conducted 18
85C. Limitations on disclosure etc. of information obtained
under this Part 18
85D. Release of information in the interests of transport
safety 20
85E. Chief Investigator may authorise non-staff members
to have access to information 20
85F. Confidential reporting of safety information by
transport workers 21
85G. Memorandum of understanding 22
85H. Chief Investigator may ask Commonwealth official
to investigate accident or incident 22
5. Minor amendment to the Marine Act 1988 23
ENDNOTES 24
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551309B.I1-4/10/2005 BILL LA INTRODUCTION 4/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Transport Act 1983 to provide for the independent
investigation of matters relating to public transport and marine safety
matters and for other purposes.
Transport Legislation (Safety
Investigations) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Transport Act 1983 to provide for the
independent investigation of matters relating to
public transport and marine safety.
5
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Act No.
2. Commencement
(1) This Act comes into operation on a day or
days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 January 2007, it comes
5
into operation on that day.
3. New definitions
See: In section 2(1) of the Transport Act 1983 insert
Act No.
the following definitions--
9921.
Reprint No. 10
' "Chief Investigator" means the Chief
10 as at
1 July 2004
Investigator, Transport and Marine Safety
and
Investigations under this Act (see Part V);
amending
Act Nos
"Director of Marine Safety" means the Director
54/2002,
69/2003,
of Marine Safety referred to in section 63 of
94/2003,
the Marine Act 1988;
15 101/2003,
108/2004,
"marine safety matter" has the meaning set out
110/2004,
19/2005,
in section 82B;
25/2005 and
45/2005.
"public transport safety matter" has the
LawToday:
www.dms.
meaning set out in section 82A;'.
dpc.vic.
gov.au
4. Insertion of new Part V
20
After Part IV of the Transport Act 1983 insert--
'PART V--CHIEF INVESTIGATOR,
TRANSPORT AND MARINE SAFETY
INVESTIGATIONS
Division 1--Preliminary Matters
25
82. Object
The object of this Part is to improve public
transport and marine safety by providing for
the independent investigation of public
transport safety matters and marine safety
30
matters.
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82A. What is a public transport safety matter?
A public transport safety matter is--
(a) an incident involving rolling stock, rail
infrastructure, a bus or any
infrastructure used in bus operations
5
that resulted in, or that had the potential
to result in, the death of, or injury to,
any person, or in damage to any
property or equipment, and includes,
for example--
10
(i) any derailment of any rolling
stock;
(ii) any collision involving any bus or
rolling stock;
(iii) any incident resulting from the
15
construction, maintenance or
operation of a railway or from the
operation of a bus;
(iv) any failure of any part of rail
infrastructure or any rolling stock
20
or any part of any rolling stock;
(v) any failure of any bus or part of a
bus or of any equipment on a bus
or of anything used in bus
operations;
25
(vi) any failure or breach of any
practice or procedure involving
rolling stock or a bus;
(vii) any fire, explosion or other similar
occurrence involving rolling stock
30
or a bus;
(viii) any incident in which there is
evidence of systematic safety
deficiencies;
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(b) any other incident or any state of affairs
involving, or in relation to, rolling
stock, rail infrastructure, buses or any
infrastructure used in bus operations
that is specified by the regulations for
5
the purposes of this section.
82B. What is a marine safety matter?
A marine safety matter is--
(a) an incident involving a vessel that
resulted in, or that had the potential to
10
result in, the death of, or injury to, any
person, or in damage to, or the loss of,
the vessel or any other vessel, or to any
other property or equipment, and
includes, for example--
15
(i) any accident involving a vessel;
(ii) any incident involving a vessel in
which there is evidence of
systematic safety deficiencies;
(b) the occurrence of any event that
20
provides reasonable grounds for the
belief--
(i) that any pilot, pilot exempt
master, harbour master, pilotage
services provider or person
25
holding a certificate of
competency or service under the
Marine Act 1988 has acted
incompetently in the course of his
or her duties or in breach of that
30
Act or the regulations made under
that Act; or
(ii) that the holder of any harbour
master licence has breached the
conditions of that licence; or
35
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(iii) that any pilot, pilot exempt master
or pilotage services provider, who
is registered under the Marine
Act 1988 to act as a pilot, pilot
exempt master or pilotage services
5
provider (as the case requires), has
breached the conditions of that
registration;
(c) any other incident or any state of affairs
involving, or in relation to, a vessel that
10
is specified by the regulations for the
purposes of this section.
82C. Application of definitions to this Part
(1) In this Part, the expressions "railway",
"rail infrastructure", "rail safety work" and
15
"rolling stock" have the same meanings as in
section 3 of the Rail Safety Act 2005.
(2) In this Part, the expressions "harbour
master", "master", "owner", "pilot", "pilotage
services provider", "pilot exempt master"
20
and "vessel" have the same meanings as in
section 3(1) of the Marine Act 1988.
Division 2--Appointment, Functions and
General Powers
83. Chief Investigator
25
There is to be a Chief Investigator, Transport
and Marine Safety Investigations for the
purposes of this Act and the Marine
Act 1988.
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83A. Principal function
(1) The principal function of the Chief
Investigator is to investigate public transport
safety matters and marine safety matters, and
to report the results of any investigations
5
conducted by him or her to the Minister.
(2) In investigating an incident, the Chief
Investigator is to primarily focus on--
(a) determining what factors caused the
incident, rather than to apportion blame
10
for the incident; and
(b) identifying issues that may require
review, monitoring or further
consideration.
83B. Other functions
15
The Chief Investigator also has the following
functions--
(a) to liaise with international,
Commonwealth and State bodies and
agencies that have similar functions to
20
those of the Chief Investigator;
(b) to administer any safety reporting
system that is set up under section 85F;
(c) to improve the quality and
professionalism of his or her
25
investigations by educating those who
are involved in the operation or use of
public transport or vessels;
(d) to do anything else specified by the
regulations.
30
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83C. Chief Investigator to act independently
Subject to section 85B, the Chief
Investigator is not subject to the direction or
control of the Minister in performing or
exercising his or her functions or powers.
5
Note: Section 85B authorises the Minister to direct
the Chief Investigator to investigate a public
transport safety or marine safety matter.
83D. General powers
(1) The Chief Investigator may investigate any
10
public transport safety matter or marine
safety matter that occurs in Victoria.
(2) The Chief Investigator may do all things that
are necessary or convenient to enable him or
her to carry out his or her functions.
15
(3) Without limiting sub-section (2), the Chief
Investigator may--
(a) acquire, hold or dispose of real or
personal property;
(b) engage consultants, contractors or
20
agents.
83E. Appointment and terms of office
(1) The Chief Investigator is to be appointed by
the Governor in Council, and may be
appointed for a period of up to 5 years.
25
(2) The Governor in Council may only appoint a
person to be the Chief Investigator if, in the
opinion of the Governor in Council, the
person has at least 2 of the following
attributes--
30
(a) experience in accident investigations, in
particular public transport and marine
accidents;
(b) appropriate tertiary qualifications;
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(c) experience in the management of public
transport or marine safety systems for a
period of at least 10 years;
(d) experience in the marine, road or rail
transport (freight and passenger)
5
sectors;
(e) senior level experience in the transport
or legal sector.
(3) A person appointed as the Chief Investigator
is to hold office on the terms and conditions
10
(including remuneration and allowances) set
out in the instrument by which he or she was
appointed.
(4) A person who holds, or who has held, the
office of Chief Investigator may be re-
15
appointed to that office.
(5) A person who is the Chief Investigator is
not, in respect of his or her office as the
Chief Investigator, subject to the Public
Administration Act 2004.
20
83F. When the Chief Investigator ceases to
hold office
(1) A person ceases to be the Chief
Investigator--
(a) at the expiry of his or her term of
25
office; or
(b) if he or she resigns in accordance with
sub-section (2); or
(c) if he or she ceases to hold office under
section 83G; or
30
(d) if he or she becomes an insolvent under
administration within the meaning of
the Corporations Act; or
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(e) if he or she is convicted of an indictable
offence or of an offence which, if
committed in Victoria, would be an
indictable offence; or
(f) if he or she nominates for election as a
5
member of the Parliament of any
jurisdiction.
(2) The Chief Investigator may resign by writing
signed by him or her and delivered to the
Minister.
10
83G. Suspension and removal from office for
misconduct etc.
(1) The Governor in Council may suspend a
person from office as the Chief Investigator
on the recommendation of the Minister.
15
(2) The Minister may make such a
recommendation if he or she is of the
opinion that the person--
(a) is incapable (because of disability or
otherwise) of performing his or her
20
functions as the Chief Investigator; or
(b) has refused or neglected to perform
those functions; or
(c) has engaged in misconduct; or
(d) is otherwise unfit to continue to be the
25
Chief Investigator.
(3) Before making such a recommendation in
relation to a person, the Minister must--
(a) give the person written notice that the
Minister is considering making such a
30
recommendation, together with details
of the reasons why the recommendation
is being considered; and
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(b) consider any submissions made to him
or her by, or on behalf of, the person in
response to the notice.
(4) If the Governor in Council suspends a person
as the Chief Investigator, the Minister must,
5
on or before the 3rd sitting day of each
House of Parliament after that suspension,
ensure that a statement of the grounds for the
making of the recommendation that the
person be suspended is laid before the
10
House.
(5) A person ceases to hold office as the Chief
Investigator if each House of Parliament
declares by resolution, passed within
7 sitting days of the House after the laying
15
before it of the statement, that he or she
should cease to hold office.
(6) The suspension of a person as the Chief
Investigator ceases--
(a) if a resolution that he or she should
20
cease to hold office is defeated before
either House of Parliament; or
(b) if such a resolution is not passed by
each House of Parliament within
7 sitting days of the House after the
25
laying before it of the statement.
(7) If a person is suspended from office under
this section, he or she remains entitled to his
or her remuneration and allowances as the
Chief Investigator during the period of
30
suspension.
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83H. Acting Chief Investigator
(1) The Governor in Council may appoint a
person to act as the Chief Investigator if--
(a) the office of the Chief Investigator
becomes vacant; or
5
(b) the person holding that office becomes
unable to carry out the duties of office;
or
(c) the person holding that office is
suspended from that office under
10
section 83G.
(2) The Governor in Council may only appoint a
person to act as the Chief Investigator if the
person is eligible under section 83E(2) to be
appointed as the Chief Investigator.
15
(3) A person who is appointed to act as the Chief
Investigator must carry out all of the
functions of the Chief Investigator.
(4) In appointing a person to act as the Chief
Investigator, the Governor in Council must
20
set out in the document appointing the
person the conditions that are to apply to the
person in respect of the appointment.
83I. Staff
Any officers or employees that are necessary
25
to enable the Chief Investigator to carry out
his or her functions may be employed under
the Public Administration Act 2004.
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83J. Delegation
(1) The Chief Investigator may, in writing,
delegate any of his or her powers or
functions under this or any other Act (other
than this power of delegation) to any
5
member of his or her staff, or to any
consultant, contractor or agent engaged by
him or her.
(2) If authorised in writing to do so by the Chief
Investigator, a delegate may sub-delegate to
10
another person any power or function
delegated to the delegate by the Chief
Investigator.
83K. Protection of Chief Investigator from
liability
15
(1) The Chief Investigator is not personally
liable for anything done or omitted to be
done in good faith--
(a) in the exercise of a power or the
performance of a function under or in
20
connection with this Part; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the performance of a function under
or in connection with this Part.
25
(2) Any liability resulting from an act or
omission that would, but for sub-section (1),
attach to the Chief Investigator because of
that act or omission attaches instead to the
Crown.
30
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83L. Validity of acts and decisions
An act or decision of the Chief Investigator
is not invalid only because--
(a) of a defect or irregularity in, or in
connection with, his or her
5
appointment; or
(b) in the case of a person acting as the
Chief Investigator, that the occasion for
so acting or deciding had not arisen, or
had ceased.
10
Division 3--Investigations
84. Specific investigation powers--public
transport safety matters
For the purposes of this Part, Subdivisions 1,
3, 4, 5, 6, 7 and 8 of Division 4B of Part VII
15
apply--
(a) as if a reference in those provisions--
(i) to a transport safety officer was a
reference to the Chief
Investigator; and
20
(ii) to railway premises included a
reference--
(A) to any place where an
incident involving a bus
occurred and where the bus,
25
or anything that is, or that is
possibly, relevant to an
investigation into the
incident, is still present; and
(B) to any premises used by a
30
person to conduct bus
operations or other related
activities; and
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(iii) to rail operations included a
reference to bus operations; and
(iv) to a railway accident included a
reference to an accident involving
a bus; and
5
(v) to rail infrastructure included a
reference to any infrastructure
used in relation to a bus operation;
and
(vi) to rolling stock included a
10
reference to buses; and
(vii) to compliance and investigative
purposes was a reference to the
purpose of carrying out an
investigation into a public
15
transport safety matter; and
(viii) to "this Division" was a reference
to this Part; and
(b) as if section 228ZB(1)(f) were omitted;
and
20
(c) as if in section 228ZC--
(i) there were substituted for sub-
sections (1)(a) and (1)(b) the
following--
"for the purpose of carrying out an
25
investigation into a public
transport safety matter"; and
(ii) in sub-section (2) the words
"or the Safety Director specifies"
were omitted; and
30
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(d) as if in section 228ZG--
(i) a reference to evidence of the
commission of an offence against
a relevant transport safety law was
a reference to a thing or things of
5
significance to an investigation
into a public transport safety
matter; and
(ii) there were substituted for sub-
section (3)(a) the following
10
paragraph--
"(a) a brief description of the
investigation in respect of
which the warrant is issued;
and"; and
15
(e) as if in section 228ZH(b), the words
"or its use in the commission of an
offence against a relevant transport
safety law" were omitted; and
(f) as if in section 228ZL(2)(b) there were
20
substituted for all words after "for the
purpose of" the words "an investigation
into a public transport safety matter";
and
(g) as if section 228ZV(2)(a) were omitted;
25
and
(h) as if for section 228ZW(2) there were
substituted the following sub-section--
"(2) The Magistrates' Court may order
such an extension if it is satisfied
30
that retention of the thing is still
necessary for the purposes of the
investigation into a public
transport safety matter in respect
of which the thing was seized.";
35
and
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(i) as if in section 228ZZA(1)(c) there
were substituted for all words after
"is relevant to" the words "an
investigation into a public transport
safety matter"; and
5
(j) as if section 228ZZB(2)(a) were
omitted.
84A. Specific investigation powers--marine
safety matters
(1) The Chief Investigator may exercise any of
10
the powers conferred on an inspector by
Division 3 of Part 8 of the Marine Act 1988
for the purpose of carrying out an
investigation into a marine safety matter.
(2) For the purposes of this Part, sections 83A
15
and 83C of the Marine Act 1988 apply to
the carrying out of an investigation into a
marine safety matter by the Chief
Investigator.
(3) For the purposes of this section, Division 3
20
of Part 8 of the Marine Act 1988 applies as
if a reference in that Division--
(a) to an inspector was a reference to the
Chief Investigator; and
(b) to an investigation under section 82D
25
was a reference to an investigation into
a marine safety matter.
84B. Identity cards
(1) If the Chief Investigator delegates any power
conferred on him or her by section 84 or 84A
30
to another person, he or she must give the
person an identity card that contains a
photograph of the person and that identifies
the person by name as a person authorised to
exercise the power by the Chief Investigator.
35
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(2) If a person to whom an identity card has
been issued ceases to be authorised to
exercise any power referred to in the identity
card, the person must return the identity card
to the Chief Investigator as soon as is
5
practicable after that cessation.
Penalty: 1 penalty unit.
Division 4--Reports and Miscellaneous
Matters
85. Reports to be given promptly to the
10
Minister
The Chief Investigator must, as soon as is
practicable after completing an investigation
into a public transport safety matter or a
marine safety matter, give the Minister a
15
report of the investigation.
85A. Consultation before report finalised
However, before reporting the results of an
investigation to the Minister, the Chief
Investigator must consult with--
20
(a) the Director of Public Transport
(in relation to an investigation into a
public transport safety matter); and
(b) the Director of Marine Safety
(in relation to an investigation into a
25
marine safety matter); and
(c) the Safety Director; and
(d) the Secretary; and
(e) any person or body who has assisted
the Chief Investigator with the
30
investigation; and
(f) any person or body to whom the report
may be relevant.
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85B. Minister may direct that investigation be
conducted
(1) The Minister may direct the Chief
Investigator to investigate a public transport
safety matter or a marine safety matter.
5
(2) A direction takes effect on it being published
in the Government Gazette.
(3) The Minister must also ensure that a copy of
a direction is laid before each House of
Parliament on or before the 3rd sitting day of
10
the House after the direction is published in
the Government Gazette.
(4) The Chief Investigator must comply with a
direction made under this section.
85C. Limitations on disclosure etc. of
15
information obtained under this Part
(1) A person must not disclose any information
obtained while carrying out a function under
this Part, or obtained under section 85E.
Penalty: 60 penalty units.
20
(2) However, the person may disclose such
information if--
(a) the disclosure is made in the
performance of a duty under, or in
connection with, this Part; or
25
(b) the person has the consent of the person
who originally supplied the
information; or
(c) subject to sub-section (3), the
disclosure is made in legal proceedings
30
at the direction of a court; or
(d) the information is in the public domain
at the time it is disclosed.
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(3) A court may only direct a person to disclose
the information if--
(a) the disclosure is required for the
purposes of a criminal proceeding for
an offence against this Act; or
5
(b) the disclosure is to be made in civil
proceedings and the following
2 conditions are met--
(i) the Chief Investigator has issued a
certificate in relation to the
10
information stating that the
disclosure of the information is
not likely to interfere with any
investigation; and
(ii) the court is satisfied that any
15
adverse domestic and international
impact that the disclosure of the
information might have on any
current or future investigations is
outweighed by the public interest
20
in the administration of justice.
(4) In directing a person to disclose information,
the court may also direct that the
information, or any information obtained
from the information, must not--
25
(a) be published, or be communicated to
any person; or
(b) be published, or be communicated,
except in a manner, and to a person,
specified by the court.
30
(5) Any information disclosed by a person in
contravention of this section is not
admissible in any civil or criminal
proceedings (other than proceedings against
the person under this section).
35
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(6) Sub-section (2) is not intended to interfere
with any rights another person may have
with regard to the disclosure of the
information.
(7) A reference in this section to a court is to be
5
read as including a reference to a tribunal
and to a person exercising judicial authority.
85D. Release of information in the interests of
transport safety
(1) The Chief Investigator may disclose
10
information acquired by him or her in
carrying out his or her functions under this or
any other Act to any person if the Chief
Investigator considers that the disclosure is
necessary or desirable for the purposes of
15
transport safety.
(2) However, the Chief Investigator may only
disclose information that is, or that contains,
personal information in the circumstances
allowed by the regulations.
20
(3) In this section, "personal information" has
the same meaning as in section 3 of the
Information Privacy Act 2000.
85E. Chief Investigator may authorise non-staff
members to have access to information
25
The Chief Investigator may authorise a
person who is not a member of his or her
staff to have access to information acquired
by the Chief Investigator in carrying out his
or her functions under this or any other Act if
30
the Chief Investigator considers that it is
necessary or desirable to do so.
Note: A person authorised to have access to
information under this section is subject to the
35 confidentiality requirements of section 85C.
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Transport Legislation (Safety Investigations) Act 2005
s. 4
Act No.
85F. Confidential reporting of safety
information by transport workers
(1) In this section a "transport worker" is a
person who, as an employee, as a contractor
or as a volunteer--
5
(a) carries out work for--
(i) a person who operates a road
transport passenger service
(as defined by section 3(1) of the
Public Transport Competition
10
Act 1995); or
(ii) a person who manages any rail
infrastructure or who provides, or
operates, any rolling stock; or
(iii) a person who undertakes rail
15
safety work; or
(b) is involved with the operation of
vessels.
(2) The Chief Investigator may establish a
system for the voluntary reporting by
20
transport workers of public transport safety
matters and marine safety matters.
(3) The Chief Investigator must not disclose to
any other person, or to any court, tribunal or
person acting judicially, any information that
25
may identify a transport worker who
provides information under the voluntary
reporting system unless--
(a) the worker consents to the disclosure;
or
30
(b) the Chief Investigator or the court,
tribunal or person is of the opinion that
it is necessary in the public interest that
the information be disclosed.
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Transport Legislation (Safety Investigations) Act 2005
s. 4
Act No.
85G. Memorandum of understanding
(1) The Chief Investigator may enter into a
memorandum of understanding with the
Safety Director, or any other person or body
with statutory functions or powers, about the
5
performance or exercise of their respective
functions or powers.
(2) A memorandum of understanding--
(a) must include the matters, if any,
required by the regulations; and
10
(b) may include any other matters that the
parties to the memorandum consider
appropriate.
(3) The Chief Investigator must ensure that a
copy of any memorandum of understanding
15
that he or she enters into under this section is
published--
(a) in the Government Gazette; and
(b) on the internet.
85H. Chief Investigator may ask
20
Commonwealth official to investigate
accident or incident
The Chief Investigator may ask the
Executive Director of Transport Safety
Investigations appointed under section 12 of
25
the Transport Safety Investigations Act 2003
of the Commonwealth to investigate any
accident or incident that has occurred in
Victoria that is a public transport safety
matter or a marine safety matter.'.
30
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s. 5
Act No.
5. Minor amendment to the Marine Act 1988
In section 83(1)(c) of the Marine Act 1988 omit
"in relation to a matter referred to in
section 82(2)".
23
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Transport Legislation (Safety Investigations) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
24
551309B.I1-4/10/2005 BILL LA INTRODUCTION 4/10/2005
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