The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent

Government agency A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administrati ...

responsible for

bus A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a road vehicle that carries significantly more passengers than an average car or van. It is most commonly used in public transport, but is also in use for cha ...

and marine safety in the

State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * '' Our ...

of Victoria, Australia. The position was created as a

statutory A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...

office by the ''

Transport Integration Act 2010 The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute A statute is a formal written enactment of a legislative authority that governs th ...

'' and the office commenced operation on 1 July 2010. The Rail branch of TSV complete
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, 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 The Department for Transport (DfT) is a department of His Majesty's Government responsible for the English transport network and a limited number of transport matters in Scotland, Wales and Northern Ireland that have not been devolved. The ...

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 (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''.

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 A yacht is a sailing or power vessel used for pleasure, cruising, or racing. There is no standard definition, though the term generally applies to vessels with a cabin intended for overnight use. To be termed a , as opposed to a , such a pleasu ...

speedboats A motorboat, speedboat or powerboat is a boat that is exclusively powered by an engine. Some motorboats are fitted with inboard engines, others have an outboard motor installed on the rear, containing the internal combustion engine, the gea ...

jet ski Jet Ski is the brand name of a personal watercraft (PWC) manufactured by Kawasaki, a Japanese company. The term is often used generically to refer to any type of personal watercraft used mainly for recreation, and it is also used as a verb to ...

canoes A canoe is a lightweight narrow water vessel, typically pointed at both ends and open on top, propelled by one or more seated or kneeling paddlers facing the direction of travel and using a single-bladed paddle. In British English, the term ...

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 Australian Maritime Safety Authority (AMSA) is an Australian statutory authority responsible for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations. The authority ...

(AMSA).

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 The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria (Australia), Victoria that follows a Westminster System, Westminster-derived parliamentary system. It consists of the Monarchy in Australia, King, repres ...

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 The ''Rail Safety Act 2006'' is a law enacted by the Parliament of the State of Victoria, Australia, and is the prime statute regulating the safety of rail operations in Victoria. The Act was developed as part of the Transport Legislation ...

-- 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 Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...

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. "

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 Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings There are two slightly di ...

public transport Public transport (also known as public transportation, public transit, mass transit, or simply transit) is a system of transport for passengers by group travel systems available for use by the general public unlike private transport, typic ...

for public transport users * ensuring, in collaboration with other

transport Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land ( rail and road), water, cable, pipel ...

bodies and public entities, that

operates as part of an integrated transport system which seeks to meet the needs of all transport system users * managing

in a manner which supports sustainability by seeking to increase the share of

trips as a proportion of all transport trips in Victoria * seeking to improve the environmental performance of

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

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 (Compliance and Miscellaneous) 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 * preparing codes of practice and

guidelines A guideline is a statement by which to determine a course of action. A guideline aims to streamline particular processes according to a set routine or sound practice. Guidelines may be issued by and used by any organization (governmental or pri ...

* providing guidance and information on safety matters * promoting

education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty. ...

and

training Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...

* conducting education and training * collecting information and data and sponsoring

research Research is "creative and systematic work undertaken to increase the stock of knowledge". It involves the collection, organization and analysis of evidence to increase understanding of a topic, characterized by a particular attentiveness t ...

* promoting awareness in the transport industry and among the public about transport safety initiatives * developing operational policy about transport safety regulation * conducting cost benefit analysis about mandatory transport safety decisions.

Powers

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 A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made ...

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. The compliance support scheme enables the appointment of authorised officers and confers coercive powers and a range of administrative and court-based

sanctions A sanction may be either a permission or a restriction, depending upon context, as the word is an auto-antonym. Examples of sanctions include: Government and law * Sanctions (law), penalties imposed by courts * Economic sanctions, typically a b ...

. The key elements are: * appointment of officers transport safety officers * powers relating to entry to premises,

inspection An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activit ...

, securing sites,

use of force The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military pers ...

and

seizure An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with l ...

of things * powers to

search Searching or search may refer to: Computing technology * Search algorithm, including keyword search ** :Search algorithms * Search and optimization for problem solving in artificial intelligence * Search engine technology, software for findi ...

, enter and require production of documents and information and to require name and address details *

and

penalties Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * P ...

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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...

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.See Marine (Drug, Alcohol and Pollution Control) Act 1988, Part 5.

References

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External links

Transport Safety Victoria website

Victorian Department of Transport website

Department of Economic Development, Jobs, Transport and Resources (DEDJTR) website

Victorian Government website
Public transport in Melbourne Bus transport in Melbourne Government agencies of Victoria (Australia)