| Director, Transport Safety | |
| Foundation: | 1 July 2010 |
| Services: | Regulation bus and boating safety in Victoria |
| Website: | https://transportsafety.vic.gov.au/ |
| Jurisdiction: | Victoria, Australia |
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 transfer to the Office of the National Rail Safety Regulator (ONRSR) in December 2019.
The Director, Transport Safety is one of two dedicated transport safety offices in Victoria,[1] 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.[2]
The Director is also responsible for the safety regulation of bus services in Melbourne and wider Victoria (large public buses are generally operated in Victoria by a wide variety of bus operators under contract with Public Transport Victoria) including mini bus operators. Power is derived from the Bus Safety Act 2009.
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 (AMSA).
See main article: Transport Integration Act. 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[3] [4] and the Director of Marine Safety.[5] 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:
"The 2004 TFG International Review of the Role and Accountability Arrangements for Public Transport and Marine Safety in Victoria provided the framework -- implemented by the Rail Safety Act 2006 -- to establish the independent Director, Public Transport Safety, and the Chief Investigator, Transport and Marine Safety Investigations. However, the Director of Marine Safety has not yet been given this same independence. The Bill addresses this by merging the Director of Marine Safety and the Director, Public Transport Safety. This is a significant change, creating a single independent transport safety regulator. It will provide a more integrated approach to safety regulation, while it is also likely to drive efficiencies by removing unnecessary duplication in systems and processes. "[6]
See main article: 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.
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...".[7] Other notable objects[8] of the Director include:
The functions[9] of the Director, Transport Safety include:
The Transport Integration Act provides the Director, Transport Safety with a range of general powers[10] 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 (Compliance and Miscellaneous) Act 1983 for the bus industry.[11]
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:
The powers of the Director in the marine sector under the Marine Act 1988 cover many of the areas listed above.
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."[17] 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.[18]
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.
See main article: 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.[19] It does this by -
The Act also establishes an accreditation scheme for the operators of larger buses.[20] Operators of smaller buses or buses not used commercially are subject to a lower impact registration requirement.
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[21] and provisions prohibiting and controlling marine pollution in Victoria.[22]