3C Constitution and management of TfNSW
(1) There is constituted by this Act a corporation with the corporate name of Transport for NSW.(2) TfNSW is a NSW Government agency.(3) The affairs of TfNSW are to be managed and controlled by the Director-General.(4) Any act, matter or thing done in the name of, or on behalf of, Transport for NSW by the Director-General is taken to have been done by Transport for NSW.
The objectives of Transport for NSW are as follows:(a) to plan for a transport system that meets the needs and expectations of the public,(b) to promote economic development and investment,(c) to provide integration at the decision-making level across all public transport modes,(d) to promote greater efficiency in the delivery of transport infrastructure projects,(e) to promote the safe and reliable delivery of public transport and freight services.
(1) TfNSW has the functions set out in Schedule 1.(2) TfNSW has such other functions as are conferred or imposed on it by or under this or any other Act.(3) The functions of TfNSW do not limit the functions of the Director-General as head of the Department of Transport.(4) TfNSW cannot employ any staff.Note. Staff may be employed under Part 7A in the Transport Service to enable TfNSW to exercise its functions.
TfNSW is to prepare and make publicly available a corporate plan for the activities of TfNSW in the next 5 financial years. TfNSW is to revise the corporate plan annually.
3G Directions by TfNSW to public transport agencies
(1) TfNSW may, for the purpose of exercising its functions, give directions to the following bodies in relation to the exercise of their functions:(a) RailCorp,(b) RMS,(c) State Transit Authority,(d) Sydney Ferries,(e), (f) (Repealed)(g) a public or private subsidiary corporation (as referred to in Part 6B) of any of those bodies.Note. This Act provides that the Chief Executive of a body referred to in paragraphs (a)–(f) is, in managing the affairs of the body, to do so in accordance with any directions of TfNSW under this section.(2) A body referred to in subsection (1) is required to provide TfNSW, at such times and in such form as TfNSW directs, with the following:(a) the operating and capital works budget of the body for the next year and forward years,(b) any other information held by or relating to the body that TfNSW considers is required for the purposes of exercising its functions.If a budget of the body is required to be changed as a result of a direction of TfNSW under this section, the body is to provide the revised budget to TfNSW.
(3) This section is not subject to any contract under clause 1 (e) of Schedule 1 with a body referred to in subsection (1).(4) TfNSW may not give a direction under this section to a body in relation to the exercise by that body of the body’s functions as a relevant safety regulator under section 3H.
3H Review by relevant safety regulator of directions relating to transport safety matters
(1) In this section:direction means a direction given by TfNSW under section 3G to a body (a transport authority).
relevant safety regulator means:
(a) in the case of a direction relating to rail services or infrastructure—the Independent Transport Safety Regulator, or(b) in the case of a direction relating to bus services—Roads and Maritime Services, or(c) in the case of a direction relating to ferry services—Roads and Maritime Services.safety management system of a transport authority means any safety management system that the authority is required to have:
(a) under section 9D or 53D of the Passenger Transport Act 1990, or(b) under section 99 of the Rail Safety National Law (NSW).(2) A transport authority may advise TfNSW of the likely impact on its safety management system of compliance with a direction of TfNSW (including whether the authority needs to make appropriate modifications to its safety management system before it is able to comply with the direction).(3) As a result of that advice, TfNSW may:(a) change or revoke the direction, or(b) suspend the direction and request the relevant safety regulator to review the likely impact of the direction.(4) If:(a) TfNSW does not change, revoke or suspend the direction, and(b) the transport authority considers that as a result of the direction it will not be able to comply with its safety management system,the transport authority may, within 14 days after receiving the direction, request the relevant safety regulator to review the likely impact of the direction. Any such request operates to suspend the direction.(5) The relevant safety regulator is to review the likely impact of the direction on the safety management system within 14 days after being requested to do so, and notify TfNSW and the transport authority of the result of its review.(6) TfNSW may, as a result of the review, confirm, change or revoke the direction.(7) Unless a suspended direction is sooner revoked, the suspension of the direction ceases:(a) at the end of the period of 14 days after the relevant safety regulator is requested to review the likely impact of the direction, or(b) at such time TfNSW decides, as a result of the review, to change or confirm the direction,whichever first occurs. However, TfNSW may extend the suspension beyond the period that it would otherwise cease under this subsection.(8) TfNSW may, without limiting any other provision of this section, request the relevant safety regulator for advice on the safety implications of a direction or proposed direction.
3I Delegation of TfNSW’s functions
(1) TfNSW may delegate to an authorised person any of its functions (including any function delegated to TfNSW), other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by TfNSW if the delegate is authorised in writing to do so by TfNSW.(3) In this section, authorised person means:(a) a public transport agency or a member of staff of a public transport agency, or(b) a person of a class prescribed by the regulations.
3J Acceptance of delegated functions by TfNSW
(1) TfNSW may accept a delegation of the functions of a public transport agency.(2) A public transport agency is authorised to delegate any function of the agency to TfNSW.
3K Disclosure of information by agencies to TfNSW
(1) A public transport agency is authorised to disclose information held by the agency to TfNSW if the disclosure is for the purpose of assisting TfNSW to exercise its functions under this or any other Act or is for the purpose of complying with a requirement imposed by TfNSW.(2) The authority conferred by this section applies despite any provision of any other Act that would otherwise prevent the disclosure of information by the public transport agency concerned.
A report under the Annual Reports (Departments) Act 1985 in respect of the Department of Transport may include any report required to be made annually in respect of TfNSW under the Annual Reports (Statutory Bodies) Act 1984.