Transport Administration Act 1988 No 109
Historical version for 7 January 2011 to 30 January 2011 (accessed 21 December 2014 at 22:23) Current version
Part 4A

Part 4A Independent Transport Safety Regulator

Division 1 Interpretation

42A   Definitions

In this Part:

Board means the Independent Transport Safety Advisory Board.

bus has the same meaning as it has in the Passenger Transport Act 1990.

Chief Executive means the Chief Executive of the ITSR.

ferry has the same meaning as it has in the Passenger Transport Act 1990.

ITSR means the Independent Transport Safety Regulator.

rail safety inquiry has the same meaning that it has in the Rail Safety Act 2008.

transport authority means:

(a)  RailCorp, or
(b)  the State Transit Authority, or
(b1)  Sydney Ferries, or
(c)  the Maritime Authority of NSW, or
(d)  the Country Rail Infrastructure Authority, or
(d1)  the Transport Construction Authority, or
(e)  the Director-General, or
(f)  (Repealed)
(g)  any other person or body prescribed as a transport authority by the regulations.

transport safety inquiry has the same meaning that it has in the Passenger Transport Act 1990.

transport service means:

(a)  a railway operation within the meaning of the Rail Safety Act 2008, or
(b)  a public passenger service, within the meaning of the Passenger Transport Act 1990, carried on by means of a bus or ferry, or
(c)  any other operation or service prescribed as a transport service by the regulations.

Division 2 Constitution of Independent Transport Safety Regulator

42B   Constitution of Independent Transport Safety Regulator

(1)  There is constituted by this Act a corporation with the corporate name of the Independent Transport Safety Regulator.
(2)  The ITSR is, for the purposes of any Act, a statutory body representing the Crown.
(3)  The ITSR cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the ITSR to exercise its functions.

Division 3 Charter of Independent Transport Safety Regulator

42C   Objectives of ITSR

(1)  The principal objective of the ITSR is to facilitate the safe operation of transport services in the State.
(2)  The ITSR also has the following objectives:
(a)  to exhibit independence, rigour and excellence in carrying out its regulatory and investigative functions,
(b)  to promote safety as a fundamental objective in the delivery of transport services.

42D   General functions of ITSR

(1)  The ITSR has the functions conferred or imposed on it by or under this or any other Act.
(2)  The principal functions of the ITSR are as follows:
(a)  to provide strategic co-ordination of safety regulation by transport authorities in relation to transport services and owners or operators of transport services,
(b)  to review and evaluate any matter related to the safe operation of transport services and the functions of transport authorities in relation to the safe operation of transport services,
(c)  (Repealed)
(d)  to advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of transport services, including safety regulation by transport authorities in relation to transport services,
(e)  (Repealed)
(f)  to accredit rail transport operators under the Rail Safety Act 2008 and to investigate, or arrange investigations, for compliance purposes under that Act,
(g)  to investigate and report on accidents and incidents involving transport services,
(h)  to disseminate information to the public relating to the safety of transport services as the ITSR considers appropriate,
(i)  to provide, or facilitate the provision of, advice, education and training in relation to rail safety.
(3)  The ITSR may, to the extent necessary to carry out its functions, or to achieve its objectives, in this State exercise its functions within or outside this State.

42E   ITSR may advise on and monitor safety

(1)  The ITSR is to advise the Minister with respect to the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services.
(2)  The ITSR is to monitor the following matters relating to the safe operation of transport services:
(a)  the performance of transport authorities in connection with the exercise of their functions relating to the safe operation of transport services,
(b)  the performance of owners or operators of transport services in connection with the safe operation of those services,
(c)  the compliance by transport authorities with any recommendations relating to the safe operation of transport services contained in any report by the Chief Investigator under this or any other Act or in a report of a rail safety inquiry or a transport safety inquiry,
(d)  the compliance by transport authorities with any safety management systems required to be implemented by them under any other Act or law or conditions of accreditation or other contracts or arrangements.
(3)  (Repealed)
(4)  In carrying out its functions under this section, the ITSR is to have regard to any requirements applicable to transport authorities or owners or operators of transport services under this or any other Act or under any contractual or other arrangement entered into under this or any other Act or with the Minister or the Director-General.

42F   Auditing of transport authorities and owners and operators of transport services

(1)  The ITSR may, for the purposes of exercising its functions under this Part, conduct audits of the compliance of transport authorities and owners or operators of transport services with requirements applicable to them under this or any other Act or under any contractual or other arrangement entered into under this or any other Act or with the Minister or the Director-General.
(2)  Audits may be conducted on a periodic or other basis.

42G   Reports to Minister on performance

(1)  The ITSR must report to the Minister each year on the performance of transport authorities and owners and operators of transport services in connection with the exercise of their functions relating to the safe operation of those services.
(2)  A report under subsection (1) may be included in the annual report of the ITSR under the Annual Reports (Statutory Bodies) Act 1984.
(3)  The ITSR is to report to the Minister on the result of any audit of compliance with requirements under section 42F.

42H   (Repealed)

42I   Power of ITSR to give directions relating to safe operation of transport services

(1)  The ITSR may give directions to the Director-General or the Maritime Authority of NSW relating to the safe operation of transport services and associated matters.
(1A)  Any such direction to the Director-General may be given only in relation to a function of a kind that was exercisable by the Director-General before the commencement of this subsection.
(2)  If the Director-General or Maritime Authority of NSW considers that complying with any such direction may cause a significant variation in the funding required for the operation of the functions of Transport NSW relating solely to Transport NSW or for the operations of the Maritime Authority of NSW, the Director-General or Maritime Authority of NSW must request the ITSR to review the decision.
(3)  A request for a review must be made within 7 days after the direction is given or within such other reasonable period as the ITSR determines.
(4)  If the Director-General or the Maritime Authority of NSW requests a review in accordance with this section:
(a)  the Director-General or Maritime Authority of NSW may request the ITSR to provide a written record of the direction if it was not given in writing, and
(b)  the Director-General or Maritime Authority of NSW is not to comply with the direction until notified of the ITSR’s decision following the review.
(5)  Following the review, the ITSR may confirm or revoke the direction but the ITSR is not to confirm the direction unless:
(a)  the ITSR has estimated the variation in the financial requirements from the information supplied by the Director-General or Maritime Authority of NSW, and
(b)  the ITSR has referred the matter to the Minister, and
(c)  the Minister, after consultation with the Treasurer, has approved the direction.

42J   Duties of authorities and owners and operators to co-operate with ITSR

The Director-General, the chief executive of a transport authority and an owner or operator of a transport service must:
(a)  co-operate with the ITSR in exercising their functions, and
(b)  notify the ITSR of all matters of which they are aware that could reasonably be expected to affect the exercise of the ITSR’s functions under this or any other Act, and
(c)  provide the ITSR or the Chairperson of the Board with any information relating to their activities or any documents or other things requested by the ITSR or Chairperson in the exercise of functions under this or any other Act, and
(d)  in the case of the Director-General and the Maritime Authority of NSW, comply with any direction in force under section 42I.

42K   ITSR may settle certain rail access disputes

(1)  The ITSR may, if requested to do so by the parties to a rail access agreement, determine a dispute between the parties that relates to rail safety.
(2)  Nothing in this section confers power on the ITSR to determine a dispute that is required by or under this or any other Act or under any other agreement or arrangement to be determined by any other person.

42L   Disclosure of information by ITSR

(1)  The ITSR may, if the ITSR thinks it necessary for the safe operation of a transport service, disclose information acquired by the ITSR in the performance of the ITSR’s functions under this or any other Act to any other person.
(2)  The ITSR may, if the ITSR thinks it desirable for the promotion of the safe operation of a transport service, publish any information, including the report of a rail safety inquiry or a transport safety inquiry.
(3)  A publication under subsection (2) must not identify a person by name.
(4)  This section does not apply to the disclosure of the whole or part of a train safety record to the Commonwealth or an authority of the Commonwealth under the Rail Safety Act 2008.
(5)  This section does not permit the disclosure of information in contravention of section 64 of the Rail Safety Act 2008 or section 46E of the Passenger Transport Act 1990.
(6)  Sections 77 and 78 of the Rail Safety Act 2008 do not apply to a disclosure permitted under this section.

Division 4 Management of Independent Transport Safety Regulator

42M   Chief Executive of ITSR

(1)  The Governor, on the recommendation of the Minister, may appoint a Chief Executive of the ITSR.
(2)  The Minister is to consult with the Chairperson of the Board before making a recommendation under subsection (1).
(3)  The employment of a Chief Executive is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 2 of that Act.
(4)  The Chief Executive may hold office for terms totalling not more than 10 years.
(5)  The Chief Executive may be removed from office under section 77 of the Public Sector Employment and Management Act 2002 only for incapacity, incompetence or misbehaviour.

42N   Chief Executive to manage and control affairs of ITSR

(1)  The affairs of the ITSR are to be managed and controlled by the Chief Executive.
(2)  Any act, matter or thing done in the name of, or on behalf of, the ITSR by the Chief Executive is taken to have been done by the ITSR.

42O   Acting Chief Executive

(1)  The Minister may, from time to time, appoint a person to act in the office of the Chief Executive during the illness or absence of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and is taken to be the Chief Executive.
(2)  The Minister may, at any time, remove any person from an office to which the person was appointed under this section.
(3)  A person while acting in the office of the Chief Executive is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
(4)  For the purposes of this section, a vacancy in the office of the Chief Executive is to be regarded as an absence from office of the Chief Executive.

42P   Limitations on Ministerial control of ITSR

(1)  The ITSR is subject to the direction and control of the Minister, except as provided by subsection (2).
(2)  The ITSR is not subject to the direction and control of the Minister in respect of the following matters:
(a)  the exercise of a function relating to the accreditation of a person under the Rail Safety Act 2008 (including the variation, suspension or cancellation of an accreditation),
(b)  any decision to take or not to take enforcement action under any Act,
(c)  the exercise of a function relating to a rail safety inquiry or a transport safety inquiry or other inquiry under an Act into a transport accident or incident,
(d)  the outcome of any monitoring or auditing of the safety of a transport service (and any decision to carry out or not to carry out any such monitoring or auditing),
(e)  the contents of any report or recommendation of the ITSR,
(f)  the exercise of a function under section 42I (except as provided by section 42I (5)),
(g)  the exercise of a function as a relevant safety regulator under section 3E.

42Q   Delegation of functions of ITSR

(1)  The ITSR may delegate to an authorised person any of the functions of the ITSR under this or any other Act, other than this power of delegation.
(2)  A delegate may sub-delegate to an authorised person any function delegated by the ITSR, if the delegate is authorised to do so by the ITSR.
(3)  The ITSR may not delegate a function delegated to the ITSR by the Minister under the Rail Safety Act 2008.
(4)  In this section:

authorised person means:

(a)  an officer of the ITSR, or
(b)  a member of a class of persons prescribed by the regulations or approved by the ITSR.

Division 5

42R, 42S(Repealed)

Division 6 Independent Transport Safety Advisory Board

42T   Independent Transport Safety Advisory Board

(1)  There is established by this Act an Independent Transport Safety Advisory Board.
(2)  The Board is to consist of the following 5 members:
(a)  a Chairperson appointed by the Governor, on the recommendation of the Minister,
(b)  3 members appointed by the Minister,
(c)  the Chief Executive.
(3)  The members appointed by the Minister must have experience in one or more of the following areas, as the Minister considers necessary to enable the Board’s functions to be carried out:
(a)  rail safety management systems,
(b)  safety science,
(c)  customer service,
(d)  accident investigation,
(e)  public administration.
(4)  The Chairperson of the Board must have experience in transport safety management systems (including rail safety management systems).
(4A)  For the purposes of exercising its functions, the Board may arrange for the use of any staff or facilities of the ITSR.
(5)  Schedule 2A has effect with respect to the members and procedure of the Board.

42U   General functions of Board

(1)  The Board has the functions conferred or imposed on it by or under this or any other Act.
(2)  The principal function of the Board is to advise and make recommendations to the Minister or the ITSR about any matter.
(3)  The Board may also advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of transport services (including safety regulation by transport authorities).

42V   (Repealed)

Division 7 Review

42W   Review of amendments

(1)  The Minister is to review the operation of the amendments made by the Transport Legislation Amendment (Safety and Reliability) Act 2003 to determine whether the policy objectives of those amendments remain valid and whether the terms of the amendments remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 12 months from the date of assent to the Transport Legislation Amendment (Safety and Reliability) Act 2003.
(3)  A report of the outcome of the review is to be tabled in each House of Parliament within 3 months after the end of the period of 12 months.
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