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TRANSPORT LEGISLATION (SAFETY INVESTIGATIONS) BILL 2005

   Transport Legislation (Safety Investigations)
                       Bill

                         Introduction Print

               EXPLANATORY MEMORANDUM


                                   General
The primary objective of the Bill is to provide for the no blame investigation
of train, tram, bus and marine safety incidents in Victoria, with the focus of
identifying causal factors rather than apportioning blame. The investigations
will be independent of the relevant industry and the current areas of
Government (the Director, Public Transport Safety and the Director of
Marine Safety) which regulate safety in those sectors. The Bill will
facilitate--
         ·    reduced accident and incident rates through the identification
              and elimination of causal factors;
         ·    improved safety performance by industry at management and
              operational levels to reduce the cost of public transport and
              marine accidents to industry, the community and Government;
              and
         ·    improved safety governance in the public transport and marine
              industries in Victoria and increased public confidence in these
              industries.
The Bill establishes a statutory office of Chief Investigator, Public Transport
and Marine Safety Investigations to undertake safety investigations of
accidents and incidents. The Director, Public Transport Safety and the
Director of Marine Safety will continue to carry out compliance-based
investigations in relation to rail, bus and marine safety and under the
proposed Rail Safety Bill and the Marine Act 1988.




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551309                                        BILL LA INTRODUCTION 4/10/2005

 


 

Clause Notes Clause 1 sets out the purpose of the Bill. Clause 2 provides for when the Bill is to come into operation. Clause 3 amends section 2(1) of the Transport Act 1983 to insert new definitions. Clause 4 inserts a new Part V into the Transport Act 1983. Division 1--Preliminary Matters This Division sets out the object of the Part and various definitions that apply to this Part. New section 82 provides that the object of Part V is to improve public transport and marine safety by providing for the independent investigation of public transport safety matters and marine safety matters. New section 82A sets out what constitutes a public transport safety matter. New section 82B sets out what constitutes a marine safety matter. New section 82C provides that certain terms used in this new Part have the same meanings as terms used in the Rail Safety Act 2005 and the Marine Act 1988. Division 2--Appointment, Functions and General Powers This Division provides for the appointment of the Chief Investigator and various ancillary matters, and sets out the functions and general powers of the Chief Investigator. New section 83C provides that the Chief Investigator must act independently in carrying out his or her functions under the Transport Act 1983 by stating that he or she is not subject to the direction or control of the Minister, except as provided by section 85B, which enables the Minister to direct the Chief Investigator to conduct a specific investigation. New section 83E sets out the minimum qualifications required for a person to be able to be appointed as the Chief Investigator. New section 83F specifies the circumstances in which the Chief Investigator ceases to hold office. 2

 


 

New section 83G provides for the removal of the Chief Investigator in specified circumstances such as misconduct. If the Minister for Transport believes that the circumstances exist (after giving the Chief Investigator an opportunity to be heard), the Governor in Council may suspend the Chief Investigator from office. The Chief Investigator ceases to hold office if both Houses of Parliament then pass a resolution to that effect within a specified time. New section 83H provides for the appointment of an acting Chief Investigator. New sections 83I and 83J enable the Chief Investigator to employ staff and to delegate his or her functions and powers. Staff members will be public servants. New section 83K provides that liability attaches to the Crown rather than the Chief Investigator for anything done or omitted to be done in good faith in the exercise of a power or the performance of a function in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under or in connection with this Part. Division 3--Investigations This Division sets out the more specific powers the Chief Investigator is to be able to exercise in investigating public transport safety matters and marine safety matters. Essentially the Chief Investigator will be able to exercise the investigative powers of transport safety officers and of inspectors under the Marine Act 1988. New section 84B(1) requires the Chief Investigator to issue any person exercising an investigative power on his or her behalf with an identity card. Division 4--Reports and Miscellaneous Matters New section 85 requires the Chief Investigator to report the results of an investigation to the Minister as soon as is practicable after completing the investigation. Before doing so, however, new section 85A requires the Chief Investigator to consult specified people. New section 85B provides that the Minister may direct that the Chief Investigator to investigate a particular public transport safety matter or marine safety matter. Such directions take effect upon publication in the Government Gazette and the Minister must ensure that a copy of the direction is laid before each House of Parliament within 3 sitting days after publication. 3

 


 

New section 85C makes it offence for a person to disclose any information obtained during the course of the person's duties under this Part, or obtained under section 85E, except in specified circumstances. The penalty for contravening this section is 60 penalty units. New section 85D provides that the Chief Investigator may disclose information acquired by him or her in carrying out his or her functions under this or any other Act to any person if the Chief Investigator considers that the disclosure is necessary or desirable for the purposes of transport safety. However, the Chief Investigator may only disclose information that is, or that contains, personal information in the circumstances allowed by the regulations. New section 85E provides that the Chief Investigator may authorise a person who is not a member of his or her staff to have access to information acquired by the Chief Investigator in carrying out his or her functions under this or any other Act if the Chief Investigator considers that it is necessary or desirable to do so. New section 85F establishes a confidential reporting system for persons who, as an employee, contractor or volunteer, carries out work for a bus, train or tram operation or is involved with the operations of vessels. New section 85G provides that the Chief Investigator may enter into a memorandum of understanding with the Safety Director, or any other person or body with statutory functions or powers, about the performance or exercise of their respective functions or powers. New section 85H provides that the Chief Investigator may ask the Executive Director of Transport Safety Investigations appointed under section 12 of the Transport Safety Investigations Act 2003 of the Commonwealth to investigate any accident or incident that has occurred in Victoria that is a public transport safety matter or a marine safety matter. Clause 5 makes a minor amendment to the Marine Act 1988 to remove a reference to a provision that no longer exists. 4

 


 

 


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