Director, Public Transport Safety
Encyclopedia
The Director, Public Transport Safety (the Safety Director) was the independent Government agency
responsible for rail
and bus
safety in the State of Victoria
, Australia
, between 1 August 2006 and 30 June 2010. The position was created as a statutory office by statute
in early 2006 and was the State's first independent public transport
safety
position. The office was superseded by the position of the Director, Transport Safety
which commenced operation on 1 July 2010. The former Safety Director, Public Transport Safety, Alan Osborne, was directly appointed to the new office.
The office of the Director, Public Transport Safety commenced operation on 1 August 2006, initially within the Department of Infrastructure. It later formed part of the Department of Transport
until the office was abolished in mid July 2010. The Safety Director was one of three dedicated transport safety offices in Victoria
during this period, the others being the Director of Marine Safety and the Chief Investigator, Public Transport and Marine Safety Investigations.
The Director, Public Transport Safety was responsible for regulation
and compliance
activities in the public transport
sector with oversight of the rail and bus
sectors. The Director of Marine Safety, on the other hand, had oversight of the safety performance of the commercial shipping and recreational boating sectors. The Chief Investigator had responsibility for no blame or just culture investigations and inquiries in those areas. The Director, Public Transport Safety traded under the name Public Transport Safety Victoria until the office was abolished in mid 2010.
regulator in Victoria was developed separately but concurrently with the development of the rail safety
regulatory scheme reflected in Victoria's Rail Safety Act 2006
. The Department of Infrastructure commissioned a review in 2004 which led to a detailed report on the subject - the Review of the Role and Accountability Arrangements for Public Transport and Marine Safety Regulation in Victoria.. The review examined governance
arrangements for safety
regulation
in the public transport
sector drawing on Australian and overseas models. Recommendations were made aimed by the review at improving the governance
, accountability
and methodology
of the then public transport
regulator which had til then obtained its powers to regulate safety
through delegation
from the Secretary
of the then Department of Infrastructure. Particular concerns were expressed about the lack of independence
of the regulator function and the perceived lack of clarity about its charter
and accountabilities. Ultimately, the review recommended the creation of a new independent statutory office with a clearer charter
and accountability
arrangements.
The governance
review also examined the case for merging the public transport
regulator with the then Victorian marine
safety
regulator, the Director of Marine Safety. While not recommended at that time, the review found that integration of the functions could be examined in two to three years time once the public transport
regulatory schemes had been settled and further examination of marine safety
regulation
had occurred. The Victorian Government ultimately pursued the full integration of its public transport
and marine safety
regulators some five years later as part of its Transport Integration Act
proposal.
Ultimately, the proposals for both a new rail transport
safety
regulation
scheme and new public transport
safety
governance
arrangements were presented to the Victorian Parliament as proposed legislation
, a Rail Safety Bill
, in early October 2005.
was passed by the lower house, the Legislative Assembly
, on 1 March 2006. The Bill was introduced into the upper house, the Legislative Council
, on 2 March 2006. Second reading was moved in the upper house
on 28 March and the Bill was ultimately passed without further amendment on 29 March 2006.
The provisions establishing the office of the Director, Public Transport Safety were set out in Part 10 of the Rail Safety Bill. These provisions added a new subdivision 3 into Part II of the then Transport Act 1983 to establish the Safety Director's office and to create its objects, functions and powers.
on 4 April 2006 to become the Rail Safety Act 2006
. The Act was ultimately proclaimed to commence
on 1 August 2006. The Rail Safety Regulations 2006 which were required to support the operation of the Act also operated from the same date thereby formally commencing the scheme. Commencement of the Act formally established the office of the Director, Public Transport Safety.
effectively amalgamated the offices of the Director, Public Transport Safety and the Director of Marine Safety and the Director of Marine Safety. This step resulted in the creation of Victoria's first integrated transport safety
administration with multi modal responsibilities in both land and water-based transport.
The speech delivered by the Minister in the Victorian Parliament moving the second reading of the then Transport Integration Bill
put the matter as follows -
The commencement of the Transport Integration Act
therefore formally abolished the office of the Director, Public Transport Safety at midnight on 30 June 2010. The replacement position, the Director, Transport Safety
, commenced immediately from that point on 1 July 2010.
Government agency
A government or state agency 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 intelligence agency. There is a notable variety of agency types...
responsible for rail
Rail transport
Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
and bus
Bus
A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
safety in the State of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, between 1 August 2006 and 30 June 2010. The position was created as a statutory office by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
in early 2006 and was the State's first independent public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
position. The office was superseded by the position of the Director, Transport Safety
Director, Transport Safety
The Director, Transport Safety is the independent Government agency responsible for rail, bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010...
which commenced operation on 1 July 2010. The former Safety Director, Public Transport Safety, Alan Osborne, was directly appointed to the new office.
The office of the Director, Public Transport Safety commenced operation on 1 August 2006, initially within the Department of Infrastructure. It later formed part of the Department of Transport
Department of Transport (Victoria, Australia)
The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
until the office was abolished in mid July 2010. The Safety Director was one of three dedicated transport safety offices in Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
during this period, the others being the Director of Marine Safety and the Chief Investigator, Public Transport and Marine Safety Investigations.
The Director, Public Transport Safety was responsible for regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
and compliance
Regulatory compliance
In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and...
activities in the public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
sector with oversight of the rail and bus
Bus
A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
sectors. The Director of Marine Safety, on the other hand, had oversight of the safety performance of the commercial shipping and recreational boating sectors. The Chief Investigator had responsibility for no blame or just culture investigations and inquiries in those areas. The Director, Public Transport Safety traded under the name Public Transport Safety Victoria until the office was abolished in mid 2010.
Review
The proposal for a new public transportPublic transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
regulator in Victoria was developed separately but concurrently with the development of the rail safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulatory scheme reflected in Victoria's Rail Safety Act 2006
Rail Safety Act
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 the State...
. The Department of Infrastructure commissioned a review in 2004 which led to a detailed report on the subject - the Review of the Role and Accountability Arrangements for Public Transport and Marine Safety Regulation in Victoria.. The review examined governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...
arrangements for safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
in the public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
sector drawing on Australian and overseas models. Recommendations were made aimed by the review at improving the governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...
, accountability
Accountability
Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...
and methodology
Methodology
Methodology is generally a guideline for solving a problem, with specificcomponents such as phases, tasks, methods, techniques and tools . It can be defined also as follows:...
of the then public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
regulator which had til then obtained its powers to regulate safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
through delegation
Delegation
Delegation is the assignment of authority and responsibility to another person to carry out specific activities. However the person who delegated the work remains accountable for the outcome of the delegated work. Delegation empowers a subordinate to make decisions, i.e...
from the Secretary
Secretary
A secretary, or administrative assistant, is a person whose work consists of supporting management, including executives, using a variety of project management, communication & organizational skills. These functions may be entirely carried out to assist one other employee or may be for the benefit...
of the then Department of Infrastructure. Particular concerns were expressed about the lack of independence
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
of the regulator function and the perceived lack of clarity about its charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
and accountabilities. Ultimately, the review recommended the creation of a new independent statutory office with a clearer charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
and accountability
Accountability
Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...
arrangements.
The governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...
review also examined the case for merging the public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
regulator with the then Victorian marine
Marine (ocean)
Marine is an umbrella term. As an adjective it is usually applicable to things relating to the sea or ocean, such as marine biology, marine ecology and marine geology...
safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulator, the Director of Marine Safety. While not recommended at that time, the review found that integration of the functions could be examined in two to three years time once the public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
regulatory schemes had been settled and further examination of marine safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
had occurred. The Victorian Government ultimately pursued the full integration of its public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
and marine safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulators some five years later as part of its Transport Integration Act
Transport Integration Act
The Transport Integration Act 2010 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 former Transport Act 1983....
proposal.
Ultimately, the proposals for both a new rail transport
Rail transport
Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
scheme and new public transport
Public transport
Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...
safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
governance
Governance
Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...
arrangements were presented to the Victorian Parliament as proposed legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, a Rail Safety Bill
Rail Safety Act
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 the State...
, in early October 2005.
Statute
The Rail Safety BillRail Safety Act
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 the State...
was passed by the lower house, the Legislative Assembly
Legislative Assembly
Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....
, on 1 March 2006. The Bill was introduced into the upper house, the Legislative Council
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
, on 2 March 2006. Second reading was moved in the upper house
Legislative Council
A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...
on 28 March and the Bill was ultimately passed without further amendment on 29 March 2006.
The provisions establishing the office of the Director, Public Transport Safety were set out in Part 10 of the Rail Safety Bill. These provisions added a new subdivision 3 into Part II of the then Transport Act 1983 to establish the Safety Director's office and to create its objects, functions and powers.
Commencement
The Rail Safety Bill received the Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 4 April 2006 to become the Rail Safety Act 2006
Rail Safety Act
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 the State...
. The Act was ultimately proclaimed to commence
Coming into force
Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...
on 1 August 2006. The Rail Safety Regulations 2006 which were required to support the operation of the Act also operated from the same date thereby formally commencing the scheme. Commencement of the Act formally established the office of the Director, Public Transport Safety.
Abolition
The office of the Director, Public Transport Safety was later abolished following the passage and commencement of the Transport Integration Act 2010 on 1 July of that year. The Transport Integration ActTransport Integration Act
The Transport Integration Act 2010 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 former Transport Act 1983....
effectively amalgamated the offices of the Director, Public Transport Safety and the Director of Marine Safety and the Director of Marine Safety. This step resulted in the creation of Victoria's first integrated transport safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
administration with multi modal responsibilities in both land and water-based transport.
The speech delivered by the Minister in the Victorian Parliament moving the second reading of the then Transport Integration Bill
Transport Integration Act
The Transport Integration Act 2010 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 former Transport Act 1983....
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 2006Rail Safety ActThe 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 the State...
-- 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. "
- "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 commencement of the Transport Integration Act
Transport Integration Act
The Transport Integration Act 2010 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 former Transport Act 1983....
therefore formally abolished the office of the Director, Public Transport Safety at midnight on 30 June 2010. The replacement position, the Director, Transport Safety
Director, Transport Safety
The Director, Transport Safety is the independent Government agency responsible for rail, bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010...
, commenced immediately from that point on 1 July 2010.
See also
- Rail Transport in VictoriaRail transport in VictoriaRail transport in Victoria, Australia, is provided by a number of railway operators who operate over the government-owned railway lines. Victorian lines use broad gauge, with the exception of a number of standard gauge freight and interstate lines, a few experimental narrow gauge lines, and...
- Railways in MelbourneRailways in MelbourneThe Melbourne rail network is operated by Metro Trains Melbourne under franchise from the Government of Victoria. The network is based on a commuter rail model centred on the Melbourne Central Business District and Flinders Street Station, rather than a rapid transit model, with a focus on...
- Trams in MelbourneTrams in MelbourneThe Melbourne tramway network is a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. , the network consisted of of track, 487 trams, 28 routes, and 1,773 tram stops. It was therefore the largest urban tramway network in the world, ahead of the...
- Buses in MelbourneBuses in MelbourneBuses in Melbourne, Australia, are a major form of public transport in Melbourne, with an extensive bus network. The network of 323 bus routes is operated by a number of privately owned bus companies....
- Director, Transport SafetyDirector, Transport SafetyThe Director, Transport Safety is the independent Government agency responsible for rail, bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010...
- Department of TransportDepartment of Transport (Victoria, Australia)The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...
- Chief Investigator, Transport SafetyChief Investigator, Transport SafetyThe Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia. The position was created as a statutory office by the Transport...
- Rail Safety ActRail Safety ActThe 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 the State...
- Transport Integration ActTransport Integration ActThe Transport Integration Act 2010 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 former Transport Act 1983....
- SafetySafetySafety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...