Victorian Numbered Acts Victorian Numbered ActsAfter Division 9 of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 insert —
In this Division—
"Commission" means the Taxi Services Commission within the meaning of the Transport Integration Act 2010 ;
"FOI exempt document" means a document that—
(a) was given to the Commission (whether under Subdivision 3 or otherwise) by an agency (as defined in the Freedom of Information Act 1982 ) or a Minister; and
(b) is an exempt document under the Freedom of Information Act 1982 in the hands of the agency or Minister.
(1) On being given written notice by the Minister, the Commission must conduct an inquiry into—
(a) the structure, conduct, performance and regulation of the commercial passenger vehicle industry; and
(b) ancillary matters related to the provision of commercial passenger vehicle services.
Example
The provision of electronic and other payment systems for the payment of fares and charges is an ancillary matter.
(2) The Minister must specify the terms of reference for the inquiry in the notice.
(3) The Minister may, in the notice—
(a) specify a period within which the Commission must submit the final report to the Minister;
(b) specify—
(i) whether one or more interim reports are required; and
(ii) the matter, contained in the terms of reference, that a particular interim report must concern; and
(iii) the period within which the Commission must submit a particular interim report to the Minister;
(c) require the Commission to make a draft report publicly available or available to specified persons or bodies (including the Minister) during the inquiry;
(d) require the Commission to consider specified matters;
(e) give the Commission specific directions in respect of the conduct of the inquiry.
(4) The Minister may amend the terms of reference or extend the period within which a report is to be submitted to the Minister.
(1) The Commission must publish notice of the inquiry—
(a) in the Government Gazette; and
(b) in a daily newspaper; and
(c) on the Internet.
(2) The notice must specify—
(a) the period during which the inquiry is to be held;
(b) the period within which, and the form in which, members of the public may make submissions, including details of public hearings;
(c) the matters that the Commission would like submissions to deal with.
(3) The notice must contain the contents of the notice given under section 191B.
(4) The Commission may specify in the notice that if a submission is not received within the period specified under subsection (2)(b), the Commission may decide not to consider the submission.
(5) The Commission must publish a further notice if the Minister amends the terms of reference or extends the period within which a report is to be submitted to the Minister.
(6) The Commission must send a copy of any notice published under this section to any person that the Commission considers should be notified.
(1) Before commencing the inquiry, the Commission must consult with the following persons—
(a) the Minister;
(b) the Secretary;
(c) the Director;
(d) the Secretary to the Department of Treasury and Finance;
(e) any other person with whom the Commission considers it is appropriate to consult.
(2) Subject to this Act, the Commission may conduct the inquiry in such a manner as the Commission considers appropriate, having regard to the outcome of any consultation under subsection (1).
(3) In conducting the inquiry, the Commission is not bound by rules or practice as to evidence but may inform itself in relation to any matter in such manner as the Commission considers appropriate.
(4) The Commission may receive written submissions or statements.
(5) In conducting the inquiry the Commission—
(a) must consult with any person that it considers appropriate;
(b) must hold public seminars and conduct workshops;
(c) may establish working groups and task forces.
(1) In conducting the inquiry the Commission may hold one or more hearings.
(2) The Commission may hold a hearing or a part of a hearing in private if it is satisfied that—
(a) it would be in the public interest; or
(b) the evidence is or may be of a confidential or commercially sensitive nature.
(3) The Commission may determine whether a person may appear before the Commission at a hearing.
(4) The Commission may determine whether a person may represent another person at a hearing.
(1) The Commission may require a person to provide information or a document to the Commission if the Commission believes on reasonable grounds that—
(a) the information or document is relevant to the inquiry; and
(b) the person has the information or document.
(2) The Commission may require the person to appear before the Commission to provide the information or document.
(3) A requirement must be made by giving the person a written notice specifying the following—
(a) the information or document required;
(b) the period within which the person must comply with the requirement;
(c) the form in which the person must give the information or document to the Commission;
(d) if the person is required to provide a document—whether the person must provide the original document;
(e) whether or not the person is required to appear before the Commission;
(f) that the requirement is made under this section.
(4) A person required by the Commission to provide a document may produce a copy of the document unless the notice specifies that the original document is required.
(5) The notice must include a copy of this Subdivision and Subdivisions 4 and 5.
(6) A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of any information or a document to the Commission under this section.
(7) To avoid doubt, in this section a person includes the Secretary of a Department (within the meaning of the Public Administration Act 2004 ).
(1) A person must comply with a requirement in a notice given to the person under section 191F unless he or she has a lawful excuse.
Penalty: 120 penalty units.
(2) A person must not, in purported compliance with a requirement made under section 191F, give the Commission information that the person knows is false or misleading in a material particular.
Penalty: 120 penalty units or imprisonment for 6 months.
(3) A person must not—
(a) threaten, intimidate or coerce another person; or
(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—
because that other person complied, or intends to comply, with a requirement made under section 191F.
Penalty: 120 penalty units.
It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would tend to incriminate the person or make the person liable to a penalty.
It is not a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if to do so would constitute a breach of a duty of confidence (whether arising by contract, in equity or by custom).
It is a lawful excuse for a person to refuse to provide information or documents in compliance with a requirement under section 191F if the information or documents are the subject of legal professional privilege or client legal privilege.
In this Subdivision—
"sensitive information" means information—
(a) that is obtained by or on behalf of the Commission in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 or given to the Commission; and
(b) that is—
(i) of a confidential or commercially sensitive nature; or
(ii) stated to be of a confidential or commercially sensitive nature at the time that it is given to the Commission; and
(c) whether obtained or given—
(i) under Subdivision 3 or otherwise; and
(ii) in a document or otherwise.
The Commission must not disclose or use sensitive information other than in accordance with this Subdivision.
The Commission may use sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 .
(1) The Commission may disclose sensitive information in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 if the Commission has—
(a) invited submissions, and considered any made, in accordance with subsection (2); and
(b) formed an opinion referred to in subsection (3); and
(c) given notice in accordance with subsection (4).
(2) For the purposes of subsection (1)(a) the Commission must—
(a) give the person from whom the Commission obtained or who has given the sensitive information (the provider ) an opportunity to make a submission to the Commission specifying—
(i) why the information is of a confidential or commercially sensitive nature; and
(ii) the detriment that would be caused by the disclosure of the information; and
(b) give the same opportunity to each person—
(i) who the Commission knows gave the information to the provider; and
(ii) whose identity and address is known to the Commission; and
(c) consider any submission made.
(3) For the purposes of subsection (1)(b) the Commission must form an opinion that—
(a) the disclosure would not cause detriment to—
(i) the provider; and
(ii) any other person who the Commission knows gave the information to the provider; or
(b) although the disclosure would cause detriment to a person referred to in paragraph (a), the public benefit in disclosing the information outweighs that detriment.
(4) For the purposes of subsection (1)(c) the Commission must give written notice to—
(a) the provider; and
(b) each person—
(i) who the Commission knows gave the information to the provider; and
(ii) whose identity and address is known to the Commission.
(5) The notice must—
(a) state that the Commission wishes to disclose the sensitive information; and
(b) specify the nature of the intended disclosure; and
(c) set out detailed reasons why the Commission wishes to make the disclosure; and
(d) state the opinion that the Commission has formed in relation to the recipient of the notice under subsection (3); and
(e) set out detailed reasons why the Commission has formed that opinion; and
(f) include a copy of this Subdivision.
The Commission may disclose or use sensitive information if that disclosure or use is expressly required by or under a provision of any Act.
The Commission may disclose or use sensitive information with the consent of the person who gave the information.
The Commission may disclose or use sensitive information in legal proceedings at the direction of a court or tribunal.
The Commission may disclose or use sensitive information if the information is in the public domain at the time it is disclosed or used.
The Commission may disclose sensitive information to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.
Subject to section 191ZC, the Commission may disclose sensitive information to the Minister in a report prepared under this Division.
Note
Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains sensitive information.
(1) This section applies if the Commission considers that sensitive information indicates that a person has—
(a) contravened a provision of this Act; or
(b) abused his or her office; or
(c) acted corruptly; or
(d) committed an indictable offence.
(2) The Commission may disclose the information for the purpose of the investigation or prosecution of an offence to—
(a) the Chief Commissioner of Police; or
(b) the Secretary; or
(c) the Secretary to the Department of Justice; or
(d) the Roads Corporation; or
(e) an authorised officer (within the meaning of section 208) employed under Part 3 of the Public Administration Act 2004 .
The Commission must not disclose or use information from an FOI exempt document other than in accordance with this Subdivision.
The Commission may use information from an FOI exempt document in the performance of a function or exercise of a power under, or in connection with, this Act or the Transport Integration Act 2010 .
The Commission may disclose information from an FOI exempt document to a consultant engaged by the Commission for use by the consultant for the purpose of the inquiry.
Subject to section 191ZC, the Commission may disclose information from an FOI exempt document to the Minister in a report prepared under this Division.
Note
Section 191ZC provides that the Commission must prepare the report in a particular way if the report contains information from an FOI exempt document.
(1) This section applies if the Minister specifies in the notice for the inquiry that an interim report is required in accordance with section 191B(3)(b).
(2) The Commission must submit a copy of the interim report to the Minister within the period specified in the notice for the inquiry.
(1) This section applies if the Commission considers that it should report to the Minister on a matter other than a matter on which it has reported or will report in an interim report or the final report.
(2) The Commission may submit to the Minister a copy of a special report dealing with the matter.
(1) The Commission must submit a copy of its final report on the inquiry to the Minister within the period specified in the notice for the inquiry under section 191B(3)(a) (if any).
(2) The Commission may include a matter in its final report, despite that matter not being contained in the terms of reference, if the Commission considers that the matter is a matter on which the Commission should report to the Minister.
(1) This section applies if the Commission forms the opinion that an interim report, a special report or the final report will contain—
(a) sensitive information (within the meaning of Subdivision 4); or
(b) information from FOI exempt documents.
(2) Before the Commission submits a copy of the report to the Minister, the Commission must divide the report into—
(a) a document containing—
(i) sensitive information (other than sensitive information that the Commission may disclose under section 191N); and
(ii) information from FOI exempt documents; and
(b) another document containing the rest of the information.
(1) The Minister must cause a copy of the final report to be laid before each House of the Parliament within 14 sitting days of the House after receiving the final report.
(2) The Minister must ensure that copies of the final report are publicly available after the final report has been laid before each House of the Parliament.
(3) After the Minister has made copies of the final report publicly available, the Commission must ensure that copies of the report are made publicly available.
(4) In this section—
"final report" means—
(a) if the final report is divided in accordance with section 191ZC, the document referred to in section 191ZC(2)(b); or
(b) in any other case, the final report.
(1) The Minister must cause a review of the operation of Part VI of the Transport (Compliance and Miscellaneous) Act 1983 , having regard to the recommendations contained in the final report.
(2) The review must be completed not more than 12 months after the final report is laid before each House of Parliament in accordance with section 191ZD.".