The Chief Investigator, Transport Safety (the Chief Investigator) is the independent

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

responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the

State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

. The position was created as a

statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

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 in Victoria, having replaced major parts of the '' Transport Act 1983'', which was ren ...

and commenced on 1 July 2010. The investigator is one of three independent transport safety agencies in Australia along with the

Australian Transport Safety Bureau The Australian Transport Safety Bureau (ATSB) is Australia's national transport safety investigator. The ATSB is the federal government body responsible for investigating transport-related accidents and incidents within Australia. It covers ai ...

, a Commonwealth agency, and the Office of the Transport Safety Investigations in

New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...

. The Chief Investigator, Transport Safety is one of two dedicated transport safety offices in

, the other being the

Director, Transport Safety 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 ...

. The Chief Investigator is responsible for no blame or just culture investigations and inquiries in the transport sector while the Director has responsibility for safety regulation and compliance. The Chief Investigator contributes to transport safety by independently investigating, analysing and openly reporting on transport safety matters. All investigations are "no blame": this means the emphasis is on understanding causes and trends and learning to improve future transport safety. The Chief Investigator is separate from other transport regulatory authorities such as the

( Transport Safety Victoria), WorkSafe (the Victorian WorkCover Authority) and State, Territory and Commonwealth regulators and investigators, including the

. The Chief Investigator is also independent of transport operators such as Metro Trains,

V/Line V/Line is a statutory authority that operates Regional rail, regional passenger rail and Intercity bus service, coach services in the Australian state of Victoria (state), Victoria. It provides passenger train services on five Commuter rail, ...

Yarra Trams Yarra Trams is the trading name of the operator of the Trams in Melbourne, tram network in Melbourne, Australia, which is owned by VicTrack and leased to Yarra Trams by the Victoria State Government, Victorian Department of Transport and Planni ...

and bus and shipping companies. The Chief Investigator reports to two

Ministers Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of government w ...

: the Minister for Public Transport in respect of rail and bus matters and the Minister for Ports in respect of shipping and boating matters. However, independence is underscored by the fact that the Ministers have few powers over the Chief Investigator, the prime power being the capacity to require the Chief Investigator to conduct an investigation into a transport safety matter.

Main responsibilities

Trains and trams

The Chief Investigator is responsible for no blame or just culture safety oversight of the rail sector in

under the

Transport (Compliance and Miscellaneous) Act 1983 The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and com ...

. This involves investigations relating to - *

trains in Melbourne The Melbourne rail network is a metropolitan Commuter rail, suburban and Rail freight transport, freight rail system serving the city of Melbourne, Victoria (Australia), Victoria, Australia. The metropolitan rail network is centred around th ...

(currently operated under contract with Public Transport Victoria by

Metro Trains Melbourne Metro Trains Melbourne, often known simply as Metro, is the operator and brand name of train services on the electrified metropolitan rail network serving the city of Melbourne, Victoria, Australia. It is the largest urban rail network in Au ...

) - these services cover the provision of

suburban A suburb (more broadly suburban area) is an area within a metropolitan area. They are oftentimes where most of a metropolitan areas jobs are located with some being predominantly residential. They can either be denser or less densely populated ...

rail Rail or rails may refer to: Rail transport *Rail transport and related matters *Railway track or railway lines, the running surface of a railway Arts and media Film * ''Rails'' (film), a 1929 Italian film by Mario Camerini * ''Rail'' (1967 fil ...

services in

Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...

trams in Melbourne The Melbourne tramway network is a Tram, tramway system serving the city of Melbourne, Victoria (Australia), Victoria, Australia. The tramway network is centred around the Melbourne central business district (CBD) and consists of approximately ...

(currently operated under contract with Public Transport Victoria by

Keolis Downer Keolis Downer is a public transport operator that operates bus, train, tram and ferry services in Australia. It is a joint venture between Keolis, the largest private sector French transport group, and Downer Rail, an Australian railway enginee ...

) - these services cover the provision of

tram A tram (also known as a streetcar or trolley in Canada and the United States) is an urban rail transit in which Rolling stock, vehicles, whether individual railcars or multiple-unit trains, run on tramway tracks on urban public streets; some ...

and

light rail Light rail (or light rail transit, abbreviated to LRT) is a form of passenger urban rail transit that uses rolling stock derived from tram technology National Conference of the Transportation Research Board while also having some features from ...

services in

* trains in regional Victoria (regional passenger rail services are generally operated under contract with Public Transport Victoria by V/Line Corporation;

freight In transportation, cargo refers to goods transported by land, water or air, while freight refers to its conveyance. In economics, freight refers to goods transported at a freight rate for commercial gain. The term cargo is also used in ...

services are operated by a variety of operators including

Pacific National Pacific National is one of Australia's largest rail freight businesses. History In February 2002, National Rail Corporation, National Rail's freight operations and rollingstock, jointly owned by the Government of Australia, Federal, Governm ...

; the

Australian Rail Track Corporation The Australian Rail Track Corporation (ARTC) is an Australian Government-owned statutory corporation. It operates one of the largest rail networks in the nation, spanning across five states and 39 worksites. ARTC continues to expand the networ ...

is the infrastructure manager for the Defined Interstate Rail Network - these services cover the provision of

train A train (from Old French , from Latin">-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ... , from Latin , "to pull, to draw") is a series of connected vehicles th ...

services in country and regional

* tourist and heritage rail operations in

* relevant public agencies such as Public Transport Victoria and

VicTrack VicTrack, the trading name of the Victorian Rail Track Corporation, is a business enterprise of the Victorian Government which owns all railway and tram lines, associated rail lands, track corridors and other infrastructure in the state of Vic ...

which have responsibility for providing rail services or land and asset services related to rail operations.

Buses

The Chief Investigator is also responsible for no blame or just culture safety investigations of bus services in Melbourne and wider Victoria (large public buses are generally operated in Victoria under contract between Public Transport Victoria and a wide variety of bus operators) including mini bus operators. Power is derived from the

Commercial shipping and recreational boating

The Chief Investigator, Transport Safety is also the no blame or just culture safety investigator of the commercial shipping and recreational boating sectors in

. The responsibilities of the Chief Investigator focus on the monitoring of trading, fishing and Government vessels as well as hire and drive vessels. The monitoring of recreational craft covers the investigation of a wide range of vessels including

yachts A yacht () is a sail- or marine propulsion, motor-propelled watercraft made 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 ...

speedboats A motorboat or powerboat is a boat that is exclusively powered by an engine; faster examples may be called "speedboats". Some motorboats are fitted with inboard motor, inboard engines, others have an outboard motor installed on the rear, contain ...

jet ski A personal watercraft (PWC), also called Jet Ski or water scooter, is a primarily recreational watercraft that is designed to hold only a small number of occupants, who sit or stand on top of the craft, not within the craft as in a boat. P ...

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 paddles. In British English, the term ''canoe'' ca ...

and paddle boats. The Chief Investigator's jurisdiction to investigate shipping and boating arises under the

Governance

Establishment

The office of the Chief Investigator, Transport Safety was established following the passage and commencement of the

. The office arose from the abolition of the former office of the Chief Investigator, Public Transport and Marine Safety Investigations.

Transport Integration Act

The

Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of Victoria, Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria (Australia), Victoria, having replaced major parts ...

provides the Chief Investigator, Transport Safety with a governance framework - the objects, functions and powers - which comprise the charter of the office.

Objects

The

provides that the primary object of the Chief Investigator, Transport Safety is to "...seek to improve transport safety by providing for the independent no-blame investigation of transport safety matters...".

Functions

The primary functions of the Chief Investigator, Transport Safety are to - * investigate transport safety matters * report the results of any investigations to the Minister. The

provides that in investigating an incident, the Chief Investigator, Transport Safety is to primarily focus on - * determining what factors caused the incident, rather than to apportion blame * identifying issues that may require review, monitoring or further consideration. Additional functions of the Chief Investigator include - * performing functions or duties conferred on the office by the Marine Safety Act 2010 and the

and other relevant Acts and regulations made under those Acts * liaising with international, Commonwealth and State bodies that have similar functions to those of the Chief Investigator, Transport Safety * administering voluntary reporting system established under the

* improving the quality and professionalism of investigations through education of those involved in the operation or use of rail, bus and marine transport.

Powers

The

provides that the Chief Investigator has the power to investigate any transport safety matter. More specific powers are contained in the

and the Marine Safety Act 2010. Supporting compliance powers are established in the

for the rail and bus industries. The compliance support scheme centres on provisions enabling the appointment of authorised officers and conferral of coercive powers. 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 activity. ...

, 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." Multiple definitions exist according to context and purpose. In practical terms, use o ...

and

seizure A seizure is a sudden, brief disruption of brain activity caused by abnormal, excessive, or synchronous neuronal firing. Depending on the regions of the brain involved, seizures can lead to changes in movement, sensation, behavior, awareness, o ...

of things * powers to

search Searching may refer to: Music * "Searchin', Searchin", a 1957 song originally performed by The Coasters * Searching (China Black song), "Searching" (China Black song), a 1991 song by China Black * Searchin' (CeCe Peniston song), "Searchin" (C ...

, enter and require production of documents and information and to require name and address details * power to require persons to attend and answer questions The powers of the Chief Investigator in the marine sector under the Marine Safety Act 2010 cover many of the areas listed above. Special provisions relating to disclosure and admissibility of evidence apply to the Chief Investigator.

Reports

The Chief Investigator is required to give a copy of reports on transport safety investigations as soon as practicable after completing investigations. Before issuing reports to the Minister, the Chief Investigator must consult with the

, the

Director of Public Transport The Director of Public Transport (also referred to as the Director, or the DPT) was the head of the Public Transport Division (PTD) of the Department of Transport (Victoria, 2008-2013), Victorian Department of Transport. PTD was the government ...

, the Secretary of the

Department of Transport A ministry of transport or transportation is a ministry responsible for transportation within a country. It usually is administered by the ''minister for transport''. The term is also sometimes applied to the departments or other government a ...

, any person who assisted the Chief Investigator with the investigation and any other relevant person or body.

Independence

The Chief Investigator, Transport Safety is independent of Ministers and Government generally. The

provides, for example, that the Chief Investigator "...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 and 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: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

Relationship to ATSB

The Australian Transport Safety Bureau (ATSB) investigates safety matters in the aviation industry as well as certain matters in the rail and marine industries. For example, ATSB investigates incidents on the Defined Interstate Rail Network (DIRN) due to its national significance. ATSB also conducts investigations into accidents and serious incidents involving Australian registered ships anywhere in the world, foreign flag ships within Australian waters and certain other ships. ATSB's powers are derived from the Transport Safety Investigation Act 2003 of the Commonwealth. Powers over all bus incidents and all other rail and marine matters vests in the Chief Investigator, Transport Safety. The Chief Investigator is, however, given power by the

of Victoria to ask ATSB to investigate any transport accident or incident that has occurred in Victoria.

Other Victorian transport agencies

There are a range of State agencies responsible for the transport system in

. The

(DOT) oversees and coordinates the activities of the agencies which can be divided into three main types - statutory offices, statutory authorities and independent transport safety agencies. Together with DOT, the agencies provide, manage and regulate transport system activities in

including - * heavy and light rail systems including

s and

s * roads systems and

vehicle A vehicle () is a machine designed for self-propulsion, usually to transport people, cargo, or both. The term "vehicle" typically refers to land vehicles such as human-powered land vehicle, human-powered vehicles (e.g. bicycles, tricycles, velo ...

s including

cars A car, or an automobile, is a motor vehicle with wheels. Most definitions of cars state that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people rather than cargo. There are around one billio ...

truck A truck or lorry is a motor vehicle designed to transport freight, carry specialized payloads, or perform other utilitarian work. Trucks vary greatly in size, power, and configuration, but the vast majority feature body-on-frame construct ...

s and

bicycle A bicycle, also called a pedal cycle, bike, push-bike or cycle, is a human-powered transport, human-powered or motorized bicycle, motor-assisted, bicycle pedal, pedal-driven, single-track vehicle, with two bicycle wheel, wheels attached to a ...

s * ports and waterways including commercial

ship A ship is a large watercraft, vessel that travels the world's oceans and other Waterway, navigable waterways, carrying cargo or passengers, or in support of specialized missions, such as defense, research and fishing. Ships are generally disti ...

s and recreational

vessels Vessel(s) or the Vessel may refer to: Biology *Blood vessel, a part of the circulatory system and function to transport blood throughout the body *Lymphatic vessel, a thin walled, valved structure that carries lymph *Vessel element, a narrow wat ...

* some

air transport Aviation includes the activities surrounding mechanical flight and the aircraft industry. ''Aircraft'' include fixed-wing and rotary-wing types, morphable wings, wing-less lifting bodies, as well as lighter-than-air aircraft such as hot ai ...

systems

Statutory offices

The statutory office is the Transport Infrastructure Development Agent. The agency has a distinct statutory charter and powers.

Statutory authorities

The statutory authorities are - * the Roads Corporation (VicRoads) * the Public Transport Development Authority * Victorian Rail Track (VicTrack) * V/Line Corporation (V/Line) *

Taxi Services Commission Commercial Passenger Vehicles Victoria (CPVV), until 2 June 2018 called the Taxi Services Commission (TSC), is the Government agency responsible for the regulation of the taxi and hire car industries in the State (Australia), State of Victoria ...

* the Linking Melbourne Authority * the

Port of Melbourne Corporation The Port of Melbourne Corporation (PoMC) is a statutory body established by the Victorian Government to develop and manage the Port of Melbourne, Australia's busiest container port. The Corporation commenced operations on 1 July 2003, when it t ...

* the Victorian Regional Channels Authority * the Transport Ticketing Authority * the Regional Rail Link Authority. These agencies are structurally separate from the

Independent transport safety agencies

The Chief Investigator, Transport Safety is one of two independent transport safety agencies in the State. The other agency is the

. These agencies are part of the

but are functionally independent and report to the relevant Ministers.Section 194,

. The Director, Transport Safety has oversight of safety regulation schemes and industry performance under the schemes. By contrast, the Chief Investigator, Transport Safety is responsible for no blame or just culture inquiries and investigations in the transport sector.

References

{{reflist

External links

Transport Safety Victoria

Department of Transport website

Government of Victoria website
Public transport in Melbourne Government agencies of Victoria (state) Transport safety organizations