PERSONALISED TRANSPORT OMBUDSMAN ACT 2019 - As at 12 September 2019

Queensland Numbered Acts

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PERSONALISED TRANSPORT OMBUDSMAN ACT 2019 - As at 12 September 2019 - Act 24 of 2019

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Purpose of Act
4. How purpose is achieved
5. Act binds all persons

Division 2 - Interpretation

6. Definitions
7. Meaning of personalised transport service
8. Meaning of personalised transport complaint

PART 2 - PERSONALISED TRANSPORT OMBUDSMAN AND OFFICE OF PERSONALISED TRANSPORT OMBUDSMAN

Division 1 - Personalised transport ombudsman

Subdivision 1 - Appointment

9. Personalised transport ombudsman
10. Term of appointment
11. Conditions of appointment
12. Disqualification as personalised transport ombudsman
13. Leave of absence
14. Resignation
15. Vacancy in office
16. Notice of disqualification

Subdivision 2 - Functions and powers

17. Functions
18. Obligations in performing functions
19. General powers
20. Personalised transport ombudsman not subject to direction
21. Minister may refer matter to personalised transport ombudsman

Subdivision 3 - Miscellaneous

22. Criminal history report
23. Criminal history information confidential
24. Preservation of existing rights and entitlements

Division 2 - Office of the Personalised Transport Ombudsman

25. Office of the Personalised Transport Ombudsman
26. Control of the office
27. Officers
28. Officers not subject to outside direction
29. Alternative staffing arrangements
30. Office not a statutory body for particular Acts

PART 3 - PERSONALISED TRANSPORT COMPLAINTS

Division 1 - Complaints process

31. Making a complaint
32. Dealing with complaints
33. Preliminary inquiries
34. Withdrawal of complaint

Division 2 - Refusal to investigate complaints

35. When investigation of complaint must be refused
36. When investigation of complaint may be refused
37. Notice about refusal to investigate complaint

Division 3 - Referrals to chief executive (transport)

38. Referring matter raised in complaint to chief executive (transport)
39. Investigation of complaint must be deferred
40. Dealing with complaint after advice from chief executive (transport)

Division 4 - Investigating complaints

Subdivision 1 - General

41. Notice of investigation
42. Investigation procedure
43. Duty of parties to complaint
44. Report to chief executive (passenger transport) if party does not participate in good faith
45. Preparing report about investigation
46. Including particular documents or information in investigation report
47. Opportunity to respond to adverse comment in investigation report
48. Final investigation report

Subdivision 2 - Powers

49. Application of subdivision
50. Power to require information
51. Power to require attendance

Division 5 - Confidentiality and information sharing

52. Documents in personalised transport ombudsman’s custody
53. Information sharing arrangements

Division 6 - Protections

54. Giving of information protected
55. Protection from reprisal
56. Damages for reprisal

PART 4 - ENFORCEMENT

Division 1 - General provisions about authorised officers

Subdivision 1 - Appointment

57. Authorised officers under part
58. Personalised transport ombudsman is an authorised officer
59. Appointment and qualifications
60. Appointment conditions and limit on powers
61. When office ends
62. Resignation

Subdivision 2 - Identity cards

63. Issue of identity card
64. Production or display of identity card
65. Return of identity card

Subdivision 3 - Miscellaneous provisions

66. References to exercise of powers
67. Reference to document includes reference to reproductions from electronic document

Division 2 - Entry of places by authorised officers

Subdivision 1 - Power to enter

68. General power to enter places

Subdivision 2 - Entry by consent

69. Application of subdivision
70. Incidental entry to ask for access
71. Matters authorised officer must tell occupier
72. Consent acknowledgement

Subdivision 3 - Entry under warrant

73. Application for warrant
74. Issue of warrant
75. Electronic application
76. Additional procedure if electronic application
77. Defect in relation to a warrant
78. Entry procedure

Division 3 - General powers of authorised officers after entering places

79. Application of division
80. General powers
81. Power to require reasonable help
82. Offence to contravene help requirement

Division 4 - Other information-obtaining powers of authorised officers

83. Power to require information or attendance
84. Offence to contravene information or attendance requirement

Division 5 - Miscellaneous provisions relating to authorised officers

Subdivision 1 - Damage

85. Duty to avoid inconvenience and minimise damage
86. Notice of damage

Subdivision 2 - Compensation

87. Compensation

Subdivision 3 - Other offences relating to authorised officers

88. Obstructing authorised officer
89. Impersonating authorised officer

PART 5 - MISCELLANEOUS PROVISIONS

90. Evidentiary aids
91. Disclosure by chief executive (transport)
92. Delegations
93. Giving false or misleading information
94. Confidential information not to be disclosed
95. Protection from liability
95A. Matters for annual report
96. Review of Act and operations of office
97. Regulation-making power

PART 6 - TRANSITIONAL PROVISION

98. Pre-commencement matters may be dealt with

PART 7 - AMENDMENT OF ACTS

Division 1 - Amendment of this Act

99. Act amended
100. Amendment of long title

Division 2 - Amendment of Integrity Act 2009

101. Act amended
102. Amendment of sch 1 (Statutory office holders for section 72C)

Division 3 - Amendment of Public Service Act 2008

103. Act amended
104. Amendment of sch 1 (Public service offices and their heads)

Division 4 - Amendment of Tobacco and Other Smoking Products Act 1998

105. Act amended
106. Amendment of s 26ZKB (Person must not smoke at or near public transport waiting point)

Division 5 - Amendment of Transport Infrastructure Act 1994

107. Act amended
108. Amendment of s 377C (Operating public passenger service under agreement)

Division 6 - Amendment of Transport Operations (Passenger Transport) Act 1994

Subdivision 1 - Preliminary

109. Act amended

Subdivision 2 - Amendments commencing on assent

110. Amendment of s 91G (Transfer of taxi service licence between taxi service areas)
111. Amendment of s 91ZI (What is a relevant driver offence)
112. Amendment of s 91ZW (Annual taxi industry security levy payable)
113. Amendment of s 128 (Power to require information from certain persons)
114. Amendment of s 153B (Facilitation of proof—general)
115. Omission of ch 12, pt 4 (Other provision)
116. Amendment of sch 3 (Dictionary)

Subdivision 3 - Amendments commencing by proclamation

117. Replacement of s 12 (What is operator accreditation)
118. Replacement of s 15 (Duty of operator)
119. Amendment of s 22A (Operator accreditation is evidence of being the operator)
120. Replacement of s 24 (What is driver authorisation)
121. Replacement of s 27 (Driver must hold appropriate authorisation)
122. Replacement of ch 11A, hdg (Fare evasion and other offences)
123. Amendment of s 143AA (Definitions for ch 11A)
124. Replacement of s 143AB (When does a person evade payment of a fare)
125. Omission of s 143AC (Fare evasion)
126. Omission of ss 143ADA and 143ADB
127. Amendment of s 143AG (Direction to leave, or not to enter, vehicle)
128. Amendment of s 143AHA (Power to require person to leave public transport infrastructure if person committing particular offences)
129. Replacement of s 143C (Unclaimed credit on smartcards)
130. Insertion of new s 148BB
131. Amendment of s 153B (Facilitation of proof—general)
132. Amendment of s 154 (Attempt to commit offence)
133. Amendment of s 154A (Direction to pay operator the penalty recovered for fare evasion etc.)
134. Insertion of new ch 13, pt 20
135. Amendment of sch 3 (Dictionary)
SCHEDULE 1

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