TRANSPORT (TAXI DRIVER STANDARDS AND OMBUDSMAN) BILL 2002 Explanatory Memoranda
TRANSPORT (TAXI DRIVER STANDARDS AND OMBUDSMAN) BILL 2002
Transport (Taxi Driver Standards and
Ombudsman) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY MATTERS
Clause 1 states the main purposes of the Act--
· to enable people who have been convicted of serious
offences to be disqualified from applying for driver's
certificates for specified periods; and
· to enable certain information to be given to a public
transport industry ombudsman; and
· to enable the Ombudsman to investigate the activities
of any person authorised to carry out certain public
transport related functions, even if the person is an
employee of a private company; and
· to amend the Rail Corporations Act 1996 to ensure
that Victorian Rail Track Corporation and the Spencer
Street Station Authority are able to participate in a
public transport industry ombudsman scheme, but only
with the approval of the Minister; and
· to repeal some obsolete provisions of the Public
Transport Competition Act 1995.
Clause 2 is the commencement provision.
PART 2--AMENDMENTS TO THE TRANSPORT ACT 1983
Clause 3 inserts a new penalty of 60 penalty units into section 91 of the
Transport Act 1983 for the offence of making false statements
in relation to an application under Part VI of the Transport Act
1983.
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Clause 4 is comprised of two sub-sections.
Sub-section (1) inserts four new sections into section 156 of the
Transport Act 1983. Section 156(2A) provides that the
licensing authority may refuse to grant a person's application for
a driver certificate under section 156 of the Transport Act 1983
to drive a commercial passenger vehicle if the person has been
convicted of a level 1 or level 2 offence.
Section 156(2B) provides the licensing authority with the power
to declare a person ineligible to be granted a driver's certificate
for a specified period where a person's application has been
refused because the person has been convicted of a level 1 or
level 2 offence.
Section 156(2C) provides that, where the licensing authority
makes a declaration that a person is ineligible to be granted a
driver's certificate for a specified period, it must give the person
written notice of that declaration.
Section 156(2D) provides that the licensing authority must refuse
an application for a driver's certificate during any period
specified in a declaration made under section 156(2A) or section
157(2A)(b) that the person is ineligible to be granted a driver's
certificate as a result of being convicted of a level 1 or level 2
offence.
Clause 4(2) provides for a minor statute law revision amendment
to be made to section 156(4) of the Transport Act 1983.
Clause 5 Clause 5(1) provides for a number of new sub-sections to be
inserted into the Transport Act 1983 after section 157(2).
Sub-section 157(2A) provides that where a person holding a
driving certificate has been convicted of a level 1 or level 2
offence, the licensing authority may revoke the driver's certificate
and declare the person ineligible to be granted a driver's
certificate for a specified period.
Sub-section 157(2B) provides that, upon making a declaration,
the licensing authority must give the person notice in writing of
the decision.
Sub-section 157(2C) provides that sub-section 157(2A) does not
limit the discretion conferred on the licensing authority by sub-
section 157(2)(b) and that it only applies with respect to a
conviction for an offence that was committed on or after the date
of commencement of the section.
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Clause 5(2) substitutes new sub-sections (5) and (6) in section
157 of the Transport Act 1983. Sub-section 157(5) provides
that where the licensing authority suspends or revokes a driver's
certificate under section 157, or makes a declaration in relation to
a person under sub-section (2A)(b), the person may appeal
against the decision within 28 days of receiving the written
decision.
Sub-section 157(6) requires a person, upon filing a notice of
appeal at the Magistrates' Court to provide a copy of that notice
to the licensing authority.
Clause 6 inserts two new sections into the Transport Act 1983.
Section 157A provides that, in sections 156, 157 or 157B, a
reference to a conviction of a person for an offence includes--
· a reference to a court finding an offence proven against
a person even though no conviction is recorded; and
· a conviction incurred outside Victoria; or
· an offence against a Commonwealth Act which, in the
licensing authority's opinion, corresponds to a level 1 or
level 2 offence.
Section 157B(1) requires the holder of a driver's certificate, or a
person who has applied for a driver's certificate and has not yet
had the application determined, who subsequently becomes
aware that he or she has been charged or convicted of a level 1
or 2 offence or an offence against sections 64 or 65 of the Road
Safety Act 1986 to notify the licensing authority of that charge or
conviction immediately upon becoming aware of it.
Section 157B(2) provides that a person to whom section 157B(1)
applies must provide the licensing authority with details of the
charge or conviction immediately upon becoming aware of the
charge conviction, with a penalty of 10 penalty units applicable
for failure to comply.
Sub-section 157B(3) provides that sub-section (2) does not
require the person to give the licensing authority details
previously provided. Sub-section 157B(4) provides that section
157B only applies to convictions that occur on or after the date of
commencement of section.
Clause 7 Clause 7(1) makes a minor statute law revision amendment to
section 221(7) of the Transport Act 1983.
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Clause 7(2) inserts a new sub-section (9) into section 221 of the
Transport Act 1983 to provide that sub-section 221(7) of the
Act does not prevent the divulging, use or revealing of
information by a passenger transport company to a public
transport industry ombudsman who the Secretary of the
Department of Infrastructure has certified has an appropriate
privacy protection policy in operation in relation to the
information, and who states in writing that the information is
needed to investigate or deal with a complaint concerning public
transport.
Clause 8 inserts a new section 221T into the Transport Act 1983.
Sub-section 221T(1) provides that the Victorian State
Ombudsman may enquire into or investigate any action taken by,
or inaction of, a person who is an officer authorised under a
relevant provision of the Transport Act 1983, and any matter
relating to such action or inaction. The relevant provisions are
those that authorise a person to perform enforcement of public
transport offences.
Sub-section 221T(2) provides that, for the purposes of section
221T, the Ombudsman Act 1973 applies as if the employer of
the authorised officer was a statutory body within the meaning of
the Act; and the senior executive officer of the employer was the
principal officer of the public statutory body.
Clause 9 makes a number of minor statute law revision amendments to the
Transport Act 1983.
PART 3--AMENDMENTS TO OTHER ACTS
Clause 10 Clause 10(1) amends the Rail Corporations Act 1996 to insert a
new sub-section 11(1)(bc) into the Rail Corporations Act 1996
to provide that the functions of the Victorian Rail Track
Authority include the ability to efficiently deal with any
complaints concerning the way it carries out its functions.
Clause 10(2) inserts a new sub-section 18ZJ(1)(ba) into the Rail
Corporations Act 1996 to provide that the functions of the
Spencer Street Station Authority include an ability to efficiently
deal with any complaints concerning the way it carries out its
functions.
Clause 11 Clause 11(1) inserts a new sub-section 11(5) into the Rail
Corporations Act 1996 to provide that Rail Track must not,
without the Minister's approval in writing, form a company, be a
member of or hold shares in a company formed to carry out the
functions of a public transport industry ombudsman or enter into
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any agreement with respect to participation in a public transport
industry ombudsman scheme.
Clause 11(2) inserts a new sub-section 18ZJ(6) into the Rail
Corporations Act 1996 to provide that the Spencer Street
Station Authority must not, without the Minister's approval in
writing form a company, be a member of or hold shares in a
company formed to carry out the functions of a public transport
industry ombudsman or enter into any agreement with respect to
participation in a public transport industry ombudsman scheme.
Clause 12 repeals a number of obsolete provisions in the Public Transport
Competition Act 1995.
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