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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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541336                                      BILL LA CIRCULATION 11/10/2002

 


 

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. 2

 


 

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. 3

 


 

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 4

 


 

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. 5

 


 

 


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