The Director, Transport Safety, who operates as Transport Safety Victoria, 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

bus A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a motor vehicle that carries significantly more passengers than an average car or van, but fewer than the average rail transport. It is most commonly used ...

and marine safety 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 ...

of Victoria,

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'' 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 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 ...

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 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 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 Organization, international ...

(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 that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly ...

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 -- 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 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 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 The word 'safety' entered the English language in the 1 ...

public transport Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...

for public transport users * ensuring, in collaboration with other

transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...

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. It aims to streamline particular processes according to a set routine or sound practice. They may be issued by and used by any organization (governmental or private) to make ...

* providing guidance and information on safety matters * promoting

education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...

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 to ...

* 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 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 ...

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. 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 * sanctions and penalties 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: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

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

{{reflist, 30em

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 (state)