Schedule 1 Principal amendments
1.1 Transport Administration Act 1988 No 109
Insert after section 2:The objects of this Act with respect to the administration of the transport services provided to the people of New South Wales include the following:(a) to provide an efficient and accountable framework for the governance of the delivery of transport services,(b) to enable strategic directions to be set for integrated transport services,(c) to enable effective planning and delivery of transport infrastructure and services,(d) to facilitate the mobilisation and prioritisation of key resources across the transport sector,(e) to co-ordinate the activities of those engaged in the delivery of transport services,(f) to maintain independent regulatory arrangements for securing the safety of transport services.
Omit the definition of Director-General from section 3 (1). Insert instead:Director-General means the Director-General of Transport NSW.
Insert in alphabetical order:Transport NSW means Transport NSW established under Chapter 1A of the Public Sector Employment and Management Act 2002.
Insert after section 3A:3B Ministerial responsibility and delegation
(1) The Director-General and the chief executives of the following bodies are, in the exercise of their functions, subject to the control and direction of the Minister:(a) RailCorp,(b) Roads and Traffic Authority,(c) State Transit Authority,(d) Sydney Ferries,(e) Transport Construction Authority,(f) Country Rail Infrastructure Authority.Note. Section 42P provides for limited Ministerial control and direction of the ITSR.(2) The Minister may delegate to the Director-General, or to any such chief executive, any function of the Minister under this Act, other than this power of delegation.
Insert after Part 1:Part 1A Director-General of Transport NSW
3C General functions of Director-General
(1) The Director-General has the following functions:(a) Transport planning and policy
Transport planning and policy, including for integrated transport and land use strategies for metropolitan and regional areas.(b) Transport public funding
The administration of the allocation of public funding for public transport agencies.(c) Transport infrastructure
The planning, oversight and delivery of transport infrastructure in accordance with integrated transport and land use strategies and available financial resources, including prioritising of expenditure and projects across the transport sector.(d) Contracting for the delivery of transport services
Contracting, on behalf of the State, with public transport agencies or the private sector, for the delivery of transport services, including the setting of performance targets and service standards.(e) Transport services co-ordination
The co-ordination of transport services, including timetabling for transport services and providing for effective transport interchanges.(f) Incident management
The management of incidents affecting the efficiency of road and public transport networks, including the co-ordination of communications with and responses by relevant agencies.(g) Transport information
The provision of information about transport services and transport infrastructure to assist people to use those services or infrastructure.(h) Provision and deployment of transport agency staff and services
The provision of corporate and shared services to public transport agencies and the deployment to priority areas of public transport agency staff.(i) Ticketing for transport services
Regulating the types of tickets and other ticketing arrangements for the setting of fares for transport services.(j) Precinct land planning
Assisting the Minister for Planning and other relevant agencies with the preparation of precinct plans for the development of land for, or in the vicinity of, public transport stations or wharves and transport interchanges.(k) Other functions
The other functions conferred or imposed on the Director-General by or under:(i) this Part, Division 2A of Part 9 or any other provision of this Act, or(ii) the Passenger Transport Act 1990 or any other Act.(2) The Director-General is to prepare and make publicly available a Transport NSW corporate plan for his or her activities in the next 5 financial years. The Director-General is to revise the plan annually.(3) Any function of the Director-General may be exercised in relation to all or to any one or more kinds of transport services.(4) In this section:public transport agency means RailCorp, the Roads and Traffic Authority, the State Transit Authority, Sydney Ferries, the Transport Construction Authority, the Country Rail Infrastructure Authority and their public or private subsidiary corporations.
transport infrastructure includes road and rail infrastructure.
transport services include railway passenger services (including heavy rail, metro rail and light rail services), bus services and ferry services.
3D Directions by Director-General to public transport agencies
(1) The Director-General may, for the purpose of exercising his or her functions, give directions to the following bodies in relation to the exercise of their functions:(a) RailCorp,(b) Roads and Traffic Authority,(c) State Transit Authority,(d) Sydney Ferries,(e) Transport Construction Authority,(f) Country Rail Infrastructure Authority,(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 the Director-General under this section.(2) A body referred to in subsection (1) is required to provide the Director-General, at such times and in such form as he or she 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 the Director-General considers is required for the purposes of exercising his or her functions.If a budget of the body is required to be changed as a result of a direction of the Director-General under this section, the body is to provide the revised budget to the Director-General.
(3) This section is not subject to any contract under section 3C (1) (d) with a body referred to in subsection (1).3E Review by relevant safety regulator of directions relating to transport safety matters
(1) In this section:direction means a direction given by the Director-General under section 3D to 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—the Independent Transport Safety Regulator (but only if the ITSR is, in accordance with an arrangement under section 6B of the Passenger Transport Act 1990, assisting the Director-General in connection with the exercise of the Director-General’s functions under that Act in relation to bus services), or(c) in the case of a direction relating to ferry services—the Maritime Authority of NSW.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 12 of the Rail Safety Act 2008.(2) A transport authority may advise the Director-General of the likely impact on its safety management system of compliance with a direction of the Director-General (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, the Director-General 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) the Director-General 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 the Director-General and the transport authority of the result of its review.(6) The Director-General 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 the Director-General decides, as a result of the review, to change or confirm the direction,whichever first occurs. However, the Director-General may extend the suspension beyond the period that it would otherwise cease under this subsection.(8) The Director-General 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.3F Delegation of Director-General’s functions
(1) The Director-General may delegate to an authorised person any of the Director-General’s functions under this Act, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the Director-General if the delegate is authorised in writing to do so by the Director-General.(3) In this section, authorised person means:(a) a member of staff of Transport NSW, or(b) a person of a class prescribed by the regulations.
[6] Sections 13, 14, 25, 26, 35H and 35I (Boards of RailCorp, STA and Sydney Ferries)
Omit the sections.
Omit the section. Insert instead:15 Chief Executive of RailCorp
The Director-General may, with the approval of the Minister, appoint a Chief Executive of RailCorp.Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of RailCorp.
[8] Section 16 Chief Executive to manage RailCorp
Omit section 16 (1). Insert instead:(1) The affairs of RailCorp are to be managed and controlled by the Chief Executive of RailCorp in accordance with any directions of the Director-General under section 3D.
[9] Sections 17B (1) and (2), 31 (1), (2) and (4A) and 35N (1) and (2)
Omit “the Minister” wherever occurring.Insert instead “the Director-General”.
[10] Sections 17B (7) and 35N (7)
Omit “any direction by the Minister under this Division” wherever occurring.Insert instead “any direction by the Minister or the Director-General under this Act”.
[11] Section 17F Delegation of functions of RailCorp
Omit “RailCorp Board” from section 17F (3) (b).Insert instead “Director-General”.
Omit the section. Insert instead:The Director-General may, with the approval of the Minister, appoint a Chief Executive of the State Transit Authority.Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of the STA.
[13] Section 28 Chief Executive to manage STA
Omit “in accordance with the policies of the State Transit Authority Board” from section 28 (1).Insert instead “in accordance with any directions of the Director-General under section 3D”.
[14] Section 35 Delegation of functions of STA
Omit “State Transit Authority Board” from section 35 (3) (b).Insert instead “Director-General”.
Omit the section. Insert instead:35J Chief Executive of Sydney Ferries
The Director-General may, with the approval of the Minister, appoint a Chief Executive of Sydney Ferries.Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of Sydney Ferries.
[16] Section 35K Chief Executive to manage Sydney Ferries
Omit section 35K (1). Insert instead:(1) The affairs of Sydney Ferries are to be managed and controlled by the Chief Executive of Sydney Ferries in accordance with any directions of the Director-General under section 3D.
[17] Section 35QA Delegation of functions of Sydney Ferries
Omit “Sydney Ferries Board” from section 35QA (3) (b).Insert instead “Director-General”.
Omit the Part. Insert instead:Part 5 Transport Advisory Council
43 Establishment of Transport Advisory Council
(1) There is established by this Act a Transport Advisory Council.(2) The Advisory Council is to consist of the following members:(a) the Director-General or a member of staff of Transport NSW nominated by the Director-General,(b) no fewer than 3, and no more than 7, members appointed by the Minister.Note. Schedule 3 contains provisions relating to the members and procedure of the Advisory Council.44 Functions of Advisory Council
(1) The Advisory Council has the following functions:(a) to provide advice to the Minister on such matters as are referred to it by the Minister,(b) to provide advice to the Director-General on such matters as are referred to it by the Director-General,(c) such other functions as are conferred or imposed on it by or under this or any other Act.(2) The Advisory Council is:(a) to prepare a draft work plan for approval by the Minister, and(b) to carry out such transport advisory functions as are specified in any such approved work plan.(3) The Advisory Council may, with the approval of the Director-General or the Minister, undertake public consultation for the purpose of exercising its functions.44A Committees of Advisory Council
(1) The Advisory Council may establish committees to assist it in connection with the exercise of any of its functions.(2) It does not matter that any or all of the members of a committee are not members of the Advisory Council.(3) The procedure for calling meetings of a committee and for the conduct of those meetings is to be determined by the Advisory Council or (subject to any determination by the Advisory Council) by the committee.
Omit the section. Insert instead:The Director-General may, with the approval of the Minister, appoint a Chief Executive of the Roads and Traffic Authority.Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of the RTA.
[20] Section 48 Chief Executive to manage RTA
Insert “in accordance with any directions of the Director-General under section 3D” after “that Authority” in section 48 (1).
Insert before Part 7:Part 6B Subsidiary corporations, joint ventures etc
55A Definition of “transport authority”
In this Part, transport authority means any of the following:(a) the Director-General,(b) RailCorp,(c) Roads and Traffic Authority,(d) State Transit Authority,(e) Sydney Ferries,(f) Transport Construction Authority,(g) Country Rail Infrastructure Authority.55B Exercise of functions through subsidiary corporations, joint ventures etc
(1) In this section:subsidiary corporation of a transport authority means:
(a) a public subsidiary corporation referred to in section 55C that is constituted for the purposes of the transport authority, or(b) a private subsidiary corporation referred to in section 55D that is formed for the purposes of the transport authority.(2) Any function of a transport authority may be exercised:(a) by the transport authority itself, or(b) by a subsidiary corporation of the transport authority, or(c) by the transport authority or a subsidiary corporation of the transport authority, or both, in a partnership, joint venture or other association with other persons or bodies.(3) This section does not extend to the function of the Director-General to give directions under section 3D.55C Public subsidiary corporations
(1) In this section:public subsidiary corporation means a corporation constituted in accordance with this section for the purposes of a transport authority.
(2) The regulations may constitute a corporation for the purposes of this section with the corporate name specified in the regulations.(3) A public subsidiary corporation:(a) has such of the functions of the transport authority in respect of which it is constituted as are specified in the regulations or delegated to it under this Act, and(b) is, for the purposes of any Act, a NSW Government agency.(4) The provisions of or made under this Act or any other Act relating to a transport authority apply to and in respect of a public subsidiary corporation constituted for the purposes of that authority in such manner and to such extent as are prescribed by the regulations.(5) With the approval of the Minister:(a) a transport authority may transfer any of its assets, rights or liabilities to a public subsidiary corporation of the authority, and(b) a public subsidiary corporation of a transport authority may transfer any of its assets, rights or liabilities to the transport authority or to another public subsidiary corporation of the authority.(6) The regulations may make provision for or with respect to the vesting of those assets, rights and liabilities in the transferee without any transfer, conveyance or assignment.(7) A public subsidiary corporation is dissolved by the repeal of the regulations by which it is constituted (unless continued in existence by the regulations), and on any such dissolution the assets, rights and liabilities of the corporation become the assets, rights and liabilities of the transport authority in respect of which the corporation was constituted.55D Private subsidiary corporations etc
(1) In this section:private corporation means a corporation within the meaning of the Corporations Act 2001 of the Commonwealth formed in or outside New South Wales.
private subsidiary corporation means a private corporation in which a transport authority has a controlling interest.
(2) A transport authority may, subject to subsection (3):(a) form, or participate in the formation of, private corporations, and(b) acquire interests in private corporations, and(c) sell or otherwise dispose of interests in private corporations,whether or not the activities or proposed activities of any such private corporation are related to the activities of the transport authority.(3) A transport authority must not, without the approval of the Minister:(a) form, or participate in the formation of, a private subsidiary corporation, or(b) acquire an interest in a private corporation so that, as a result of the acquisition, the corporation becomes a private subsidiary corporation, or(c) sell or otherwise dispose of any interest in a private subsidiary corporation so that, as a result of the sale or disposal, it ceases to be a private subsidiary corporation.(4) A private subsidiary corporation is not a NSW Government agency.
Insert after Division 3:In this Division:transferred staff member means a member of staff of a transport authority who is the subject of an order under this Division.
transport authority means any of the following:
(a) Transport NSW,(b) RailCorp,(c) Roads and Traffic Authority,(d) State Transit Authority,(e) Sydney Ferries,(f) Transport Construction Authority,(g) Country Rail Infrastructure Authority,(h) a public subsidiary corporation (as referred to in Part 6B) of any of the above bodies,(i) Independent Transport Safety Regulator,(j) until their dissolution, Sydney Metro and the Public Transport Ticketing Corporation.66 Orders providing for transfer of staff of transport authorities
(1) The Director-General may, by order in writing, provide that any member of staff of a transport authority who is specified or described in the order is transferred to another transport authority specified in the order.(2) The transferred staff member is taken for all purposes as having become an employee of the other transport authority, in accordance with the terms of the order, on the day specified in the order.(3) The Director-General cannot make an order under this Division that relates to the Independent Transport Safety Regulator except with the approval of the Chief Executive of the Independent Transport Safety Regulator.67 Preservation of remuneration and other conditions of employment on transfer
(1) Except as otherwise provided by this Division or the regulations, the terms and conditions on which a transferred staff member becomes employed on being transferred by an order under this Division (including terms and conditions as to remuneration, allowances and duration of employment) are, on the transfer date, those on which the staff member was employed immediately before the transfer.(2) Nothing in this section prevents the terms and conditions of employment referred to in subsection (1) from being varied.68 Preservation of leave and other entitlements for previous service
(1) Continuous service of a transferred staff member with any transport authority is taken, for all purposes, as service with the transport authority that is the staff member’s current employer.(2) This section applies, without limiting its operation, for the purpose of the accrual of leave with the current employer and for the purpose of any entitlements to redundancy payments from the current employer.(3) In particular, a transferred staff member retains, on being transferred under this Division, any rights to annual leave, long service leave and sick leave accrued in the staff member’s previous employment with a transport authority.(4) A transferred staff member’s entitlement to any such leave is to be calculated:(a) for the part of any period during which that leave accrued or was accruing that occurred before the day of transfer—at the rate for the time being applicable to the staff member before that day, and(b) for the part of the period that occurred after the day of transfer—at the rate for the time being applicable to the staff member after that day.68A No payment out on transfer or dual benefits
A person who is transferred under this Division:(a) is not entitled to receive any payment or other benefit merely because the person ceases to be a member of staff of the transport authority from which the person is transferred, and(b) is not entitled to elect, because of the transfer, to be paid the money value of any extended or annual leave that the person accrued as a member of staff of the transport authority from which the person is transferred, and(c) is not entitled to claim, under this or any other Act, dual benefits of the same kind for the same period of service.
1.2 Public Sector Employment and Management Act 2002 No 43
[1] Schedule 1 Divisions of the Government Service
Omit the matter relating to the Department of Transport and Infrastructure from Division 1 of Part 1.Insert instead:
Transport NSW
Director-General of Transport NSW
Insert in alphabetical order:
Transport Special Services Group, Transport NSW (limited to staff of Transport NSW, not subject to Chapter 2 of this Act, who are designated by the Division Head with the approval of the Director of Public Employment)
Director-General of Transport NSW