BUS SAFETY ACT 2009

Victorian Consolidated Legislation

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BUS SAFETY ACT 2009

No. 13 of 2009
Version as at 7 April 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Objects of bus safety
5. Crown to be bound
6. Interaction with Occupational Health and Safety Act
7. Declaration powers of Safety Director
8. Declaration of substances to be a drug

PART 2-PRINCIPLES OF BUS SAFETY

9. Principle of shared responsibility
10. Principle of accountability for managing safety risks
11. Principle of enforcement
12. Principle of transparency and consistency
13. Principle of participation, consultation and involvement of all affected persons

PART 3-BUS SAFETY DUTIES

Division 1-The concept of ensuring safety

14. The concept of ensuring safety

Division 2-Safety duties

15. Duty of operator
16. Duty of procurer
17. Duty of bus safety worker
18. Duties in relation to bus stopping points and bus stop infrastructure

Division 3-Bus inspections and safety audits

19. Bus safety inspections
20. Safety audits

PART 4-ACCREDITATION AND REGISTRATION

Division 1-Preliminary matters

21. Purpose of accreditation
22. Registration of operator of bus services that are not commercial bus services or local bus services
23. Registration or accreditation of taxi-cab that is a bus

Division 2-Accreditation

24. Offence for operator to operate commercial bus service or
local bus service unless accredited
25. Application for accreditation
26. Criteria on which accreditation application to be assessed

Division 3-Accreditation refusal

27. Accreditation application to be refused in certain
circumstances
28. Accreditation may be refused in certain circumstances
29. Decision on application may be postponed
30. Disqualification from ability to apply for accreditation
31. Notification and reasons to be given if accreditation refused

Division 4-Provisions relating to accreditation

32. Classes of accreditation
33. Issue of certificate of accreditation
34. Accreditation granted subject to conditions
35. Mandatory conditions of accreditation
36. Offence to fail to comply with conditions
37. Time within which Safety Director must make decision
whether to accredit
38. How long accreditation lasts
39. Accreditation cannot be transferred

Division 5-Variation and surrender of accreditation

40. Accredited bus operator may apply for variation
41. Accredited bus operator to notify of relevant changes in circumstances
42. Variation of accreditation on Safety Director's own initiative
43. Surrender of accreditation

Division 6-Bus services under corresponding law

44. Unregistered and unaccredited operators from outside Victoria
45. Criteria on which accreditation application of operator
accredited under corresponding law to be assessed
46. Notification of changes in circumstances in respect of accreditation under corresponding law
47. Co-ordination between Safety Director and corresponding Bus Safety Regulator

Division 7-Suspension, cancellation and other disciplinary action

48. Power of immediate suspension
49. Mandatory cancellation
50. Disciplinary action against an accredited bus operator
51. Procedure and powers concerning disciplinary inquiries
52. Effect of suspension

Division 8-Miscellaneous

53. Operator to return certificate and plates when accreditation cancelled or surrendered
54. Safety Director may request information
55. Communication with responsible person

PART 5-ALCOHOL AND DRUG MANAGEMENT POLICY

56. Alcohol and drug management policy
57. Form and content of alcohol and drug management policy

PART 6-REVIEW OF DECISIONS

58. Review by VCAT

PART 7-CODES OF PRACTICE

59. Codes of practice
60. Revisions to approved codes of practice
61. Revocation of approvals of codes of practice
62. Availability of approved codes of practice
63. Minister must consult before approving code of practice or revision to code of practice
64. Effect of approved code of practice

PART 8-GENERAL

Division 1-General

65. Notification of incidents
66. Offence to provide false or misleading information
67. Safety Director may set accreditation fees
68. Imputing conduct to bodies corporate
69. Liability of officers of bodies corporate
70. Effect of compliance with regulations or approved codes of practice
71. Tabling and disallowance of approved codes of practice

Division 2-Regulations

72. General
73. Bus services and bus safety work
74. Safety duties
75. Inspections and safety audits
76. Accreditation and registration
77. Fees
78. Transitional regulations

PART 9-AMENDMENTS TO OTHER ACTS AND REPEAL
OF PART

Division 1-Magistrates' Court Act 1989.

79. Amendment of Schedule 4-Indictable offences which may
be heard summarily

Division 2-Public Transport Competition Act 1995.

80. Amendment of section 12-Duration of accreditation
81. Section 1 substituted-Purpose of Act
82. Consequential amendments
83. Change of name of Act
84. New section 4A inserted

Division 3-Rail Safety Act 2006.

85. Amendment of section 55-Safety Director may vary, revoke
or impose new conditions or restrictions of an accreditation on own initiative

Division 4-Road Management Act 2004.

86. Consequential amendment

Division 5-Road Safety Act 1986.

87. Definitions
88. Amendment of Part 10A definitions
89. New section 191BA inserted

Division 6-Safety on Public Land Act 2004.

90. Consequential amendment

Division 7-Transport Act 1983.

91. Definitions
92. Consequential amendments
93. Amendment of section 9ZA-Safety Director to conduct cost-benefit analysis of and consult about mandatory rail safety decisions
94. Amendment of section 86-Definitions
95. Amendment of Division 6 of Part VI
96. Amendment of section 228S-Definitions
97. Power of entry
98. Procedure for entry with consent
99. Improvement notices
100. Prohibition notice
101. Amendment of section 249B-Regulations with respect to services operated by a passenger transport company etc.
102. Repeal of Part
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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