The Chief Investigator, Transport Safety (the Chief Investigator) 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 investigation of safety-related trends and incidents in the rail, bus and marine industries 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 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 ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

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

), 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 passenger train and coach services in Victoria, Australia. It provides passenger train services on five commuter lines and eight long-distance routes from its major hub at Southern Cross ...

Yarra Trams Yarra Trams is the trading name of the operator of the tram network in Melbourne, Australia, which is owned by VicTrack and leased to Yarra Trams by the Victorian Department of Transport. The current franchise is operated by Keolis Downer. As ...

and bus and shipping companies. The Chief Investigator reports to two Ministers: 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 Victoria under the Transport (Compliance and Miscellaneous) Act 1983. This involves investigations relating to - * trains in Melbourne (currently operated under contract with Public Transport Victoria by

Metro Trains Melbourne Metro Trains Melbourne, often known simply as Metro, is the franchise operator of the electrified suburban passenger service on the Melbourne rail network. Metro Trains Melbourne is a joint venture between Hong Kong-based MTR Corporation (6 ...

) - these services cover the provision of

suburban A suburb (more broadly suburban area) is an area within a metropolitan area, which may include commercial and mixed-use, that is primarily a residential area. A suburb can exist either as part of a larger city/urban area or as a separa ...

rail services in

Melbourne Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a me ...

trams in Melbourne Trams are a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. As of May 2017, the Melbourne tramway network consists of of double track, 493 trams, 24 routes, and 1,763 tram stops. The system ...

(currently operated under contract with Public Transport Victoria by

Keolis Downer Keolis Downer is a joint venture between Keolis, the largest private sector French transport group, and Downer Rail, an Australian railway engineering company, that operates bus and tram services in Australia. History In June 2009, the Victor ...

) - these services cover the provision of

tram A tram (called a streetcar or trolley in North America) is a rail vehicle that travels on tramway tracks on public urban streets; some include segments on segregated right-of-way. The tramlines or networks operated as public transport ...

and light rail services in

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

freight Cargo consists of bulk goods conveyed by water, air, or land. In economics, freight is cargo that is transported at a freight rate for commercial gain. ''Cargo'' was originally a shipload but now covers all types of freight, including trans ...

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's freight operations and rollingstock (owned by the Federal, New South Wales and Victorian Governments) were combined with Freig ...

; 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 8,500km across five states, 39 worksites and more than 50 First Nations. ...

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

train In rail transport, a train (from Old French , from Latin , "to pull, to draw") is a series of connected vehicles that run along a railway track and transport people or freight. Trains are typically pulled or pushed by locomotives (often k ...

services in country and regional Victoria * tourist and heritage rail operations in Victoria * relevant public agencies such as Public Transport Victoria and

VicTrack VicTrack, the trading name of Victorian Rail Track Corporation, is a Victorian Government state-owned enterprise which owns all railway and tram lines, associated rail lands and other rail-related infrastructure in the state of Victoria, Austr ...

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 Transport (Compliance and Miscellaneous) Act 1983.

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 Victoria. 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 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 Chief Investigator's jurisdiction to investigate shipping and boating arises under the Transport (Compliance and Miscellaneous) Act 1983.

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 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 r ...

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 Transport (Compliance and Miscellaneous) Act 1983 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 Transport (Compliance and Miscellaneous) Act 1983 * 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 Transport (Compliance and Miscellaneous) Act 1983 and the Marine Safety Act 2010. Supporting compliance powers are established in the Transport (Compliance and Miscellaneous) Act 1983 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 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 * 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 Secretary 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 ...

, 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: representing the electorate, making laws, and overseeing the government via hearings and inquiries. ...

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 Transport (Compliance and Miscellaneous) Act 1983 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 Victoria. 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 Victoria including - * heavy and light rail systems including

s and

s * roads systems and

vehicle A vehicle (from la, vehiculum) is a machine that transports people or cargo. Vehicles include wagons, bicycles, motor vehicles ( motorcycles, cars, trucks, buses, mobility scooters for disabled people), railed vehicles ( trains, trams ...

s including

cars A car or automobile is a motor vehicle with wheels. Most definitions of ''cars'' say that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people instead of goods. The year 1886 is regarded as t ...

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

s and bicycles * ports and waterways including commercial

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

s and recreational vessels * some

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

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 Public Transport Victoria (PTV) is the brand name for public transport in the Australian state of Victoria. It was the trading name of the Go Public Transport Development Authority (PTDA), a now-defunct statutory authority in Victoria, resp ...

* 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 of Victoria, Australia. Befo ...

* the Linking Melbourne Authority * the Port of Melbourne Corporation * 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 (Australia) Transport safety organizations