The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010 and the office commenced operation on 1 July 2010. The Rail branch of TSV completed in December 2019. The Director, Transport Safety is one of two dedicated transportsafety offices in Victoria, the other being the Chief Investigator, Transport Safety. The Director has oversight of safety regulation schemes and industry performance under the schemes and is responsible for regulation and compliance activities in the transport sector, while the Chief Investigator conducts no blame or just culture investigations and inquiries in the transport sector. These agencies are part of the Department of Transport but are functionally independent and report to the relevant Ministers.
Main responsibilities
Buses
The Director is also responsible for the safety regulation of bus services in Melbourne and wider Victoria including mini bus operators. Power is derived from the Bus Safety Act 2009.
Recreational boating
The Director is the safety regulator of recreational boating in Victoria. The monitoring of recreational craft covers the regulation of a wide range of vessels including yachts, speedboats, jet skis, canoes and paddle boats. The Director's jurisdiction to regulate boating predominately arises under the Marine Safety Act 2010 although some powers are exercised under delegation founded under Commonwealth legislation. The commercial sector is regulated by the Australian Maritime Safety Authority.
Governance
Establishment
The office of the Director, Transport Safety was established after the passage and commencement of the Transport Integration Act 2010. The office arose from the amalgamation of the offices of the Director, Public Transport Safety and the Director of Marine Safety. This resulted in Victoria's first integrated transport safety administration with multi modal responsibilities in land and water-based transport. The relevant Minister in the Victorian Parliament put the matter as follows:
Transport Integration Act
The Transport Integration Act provides the Director, Transport Safety with a governance framework - the objects, functions and powers - which comprise the charter of the office.
Objects
The Transport Integration Act provides that the primary object of the Director, Transport Safety is to "...independently seek the highest transport safety standards that are reasonably practicable...". Other notable objects of the Director include:
improving the safety of public transport for public transport users
ensuring, in collaboration with other transport bodies and public entities, that public transport operates as part of an integrated transport system which seeks to meet the needs of all transport system users
managing public transport in a manner which supports sustainability by seeking to increase the share of public transport trips as a proportion of all transport trips in Victoria
seeking to improve the environmental performance of public transport including by minimising its adverse environmental impacts
contributing to social wellbeing by providing access to opportunities and supporting liveable communities
promoting economic prosperity through efficient and reliable movement of public transport users.
Functions
The functions of the Director, Transport Safety include:
performing functions or duties conferred on the office by the Marine Act 1988, Bus Services Act 1995, and the Transport Act 1983 and other relevant Acts and regulations made under those and other relevant Acts
making recommendations to the Minister about the operation and administration of those Acts and regulations
advising and making recommendations to the Minister on public transport and related matters
investigating and reporting on public transport safety matters
The Transport Integration Act provides the Director, Transport Safety with a range of general powers which can be exercised in relation to the bus and marine industries. More specific powers are contained in the key statutes administered by the Director, namely the Bus Safety Act 2009 and the Marine Safety Act 1988. Supporting compliance powers are established in the Transport Act 1983 for the bus industry. The compliance support scheme enables the appointment of authorised officers and confers coercive powers and a range of administrative and court-based sanctions. The key elements are:
powers to search, enter and require production of documents and information and to require name and address details
sanctions and such as improvement notices, prohibition notices and infringement notices
powers to initiate prosecutions, receive safety undertakings and impose commercial benefits penalty orders, supervisory intervention orders, exclusion orders and adverse publicity orders.
The powers of the Director in the marine sector under the Marine Act 1988 cover many of the areas listed above.
Independence
The Director is independent of Ministers and Government generally. The Transport Integration Act provides, for example, that the Director "...when performing or exercising his or her functions, is independent and is not subject to the direction and control of the Minister." Independence is supported by provisions requiring that the removal of the Director from office can only occur with the approval of both Houses of Parliament.
Responsibilities under statutory schemes
Many of the responsibilities of the Director center on monitoring and enforcing industry compliance with safety standards established by legislation. Examples of the Director's responsibilities are set out below.
Bus Safety Act
The Bus Safety Act 2009 regulates the operation safety of large and small buses in Victoria. The Act imposes safety duties on bus operators and all others who have a role in providing both commercial and non-commercial bus services. It does this by -
providing that an operator or procurer of a bus service "must, so far as is reasonably practicable, ensure the safety of the bus service"
providing that a bus safety worker "must take reasonable measures to ensure the safety of persons who may be affected by the acts or omissions of the bus safety worker"
providing that a person who determines the location of a bus stop, or designs, constructs, installs, modifies or maintains a bus stop, "must ensure, so far as is reasonably practicable, that the location, design, construction or condition of the bus stop is safe".
The Act also establishes an accreditation scheme for the operators of larger buses. Operators of smaller buses or buses not used commercially are subject to a lower impact registration requirement.
Marine Safety Act
The Marine Safety Act 2010 establishes a range of permissioning schemes for commercial vessels and recreational vessels and their operators and crew. The Marine Drug, Alcohol and Pollution Control) Act 1988 also establishes a scheme to control drug and alcohol use when in charge of a vessel and provisions prohibiting and controlling marine pollution in Victoria.
