Part 10Miscellaneous
169Review of decisions
(1)
A person aggrieved by a reviewable decision may
apply to the Civil and Administrative Tribunal for an administrative review
under the Administrative Decisions Review Act
1997 of the decision.
(2)
The following are reviewable
decisions—
(a)
a decision to refuse an application for an
accreditation, a driver authority or a licence under this
Act,
(b)
a decision to suspend or cancel an accreditation,
a driver authority or a licence under this Act,
(c)
a decision to vary a condition of an
accreditation, a driver authority or a licence, or to impose or revoke a
condition of an accreditation, a driver authority or a licence, under this
Act,
(d)
a decision prescribed by the regulations for the
purposes of this section.
(3)
A reviewable decision has effect from the time
notice is given and continues in effect unless it is rescinded by TfNSW or by
the Tribunal when determining a review application.
s 169: Am 2020 No 30,
Sch 4.60[12].
170Exchange of information
(1)
The following corporations may enter into an
arrangement (an information sharing
arrangement) with each other or a relevant agency for the
purposes of sharing or exchanging information held by the corporation or the
agency—
(a)
(b)
TfNSW,
(c)
Sydney Metro.
(2)
The information to which an information sharing
arrangement may relate is limited to the following—
(a)
information concerning possible breaches of this
Act or the regulations,
(b)
information concerning the safe provision of a
public passenger service,
(c)
information concerning any proceedings commenced
against the holder of an accreditation, driver authority or licence for an
offence having a maximum penalty of imprisonment for 12 months or
more,
(d)
any other information that may be prescribed by
the regulations.
(3)
Under an information sharing arrangement, each
party to the arrangement is, despite any other Act or law of the State,
authorised—
(a)
to request and receive information held by the
other party to the arrangement, and
(b)
to disclose information to the other
party,
but only to the extent that the information is
reasonably necessary to assist in the exercise of functions of TfNSW or Sydney
Metro under this Act (or any other Act administered by the Minister for
Transport, whether solely or jointly with another Minister) or the functions
of the relevant agency concerned.
(4)
This section does not limit the operation of any
Act under which TfNSW, Sydney Metro or a relevant agency is authorised or
required to disclose information to another person or
body.
(5)
This section does not permit the disclosure of
information in contravention of section 139 or 145.
(6)
In this section—
relevant agency
means—
(a)
SafeWork NSW as referred to in clause 1 of
Schedule 2 to the Work Health and Safety Act
2011, or
(b)
the Commissioner of Police or a person holding an
equivalent position in relation to the police force of another State or
Territory or the Australian Federal Police, or
(c)
IPART, or
(d)
the Chief Investigator, or
(e)
any other person or body prescribed by the
regulations.
s 170: Am 2015 No 19,
Sch 15.11; 2018 No 18, Sch 2.12 [4]–[6]; 2020 No 30, Sch 4.60[9]
[11].
171Disclosure of accreditation and other
information
(1)
TfNSW may disclose, or permit the disclosure of,
information about the following—
(a)
the accreditation, authorisation or licensing
status of, or an application for an accreditation, driver authority or licence
by, a person,
(b)
the compliance of a driver with requirements
imposed by the regulations on drivers relating to medical examinations or
qualifications.
(2)
A person may disclose information referred to in
subsection (1) about a person if permitted to do so by
TfNSW.
(3)
TfNSW may disclose, or permit the disclosure of,
information under this section only if it is satisfied that it is reasonably
necessary for the purposes of this Act or the
regulations.
(4)
Information may be disclosed under this section
whether or not the information also discloses the identity of a person or
information from which the identity of the person may be
obtained.
(5)
This section does not limit the disclosure of
information under any other provision of this Act.
s 171: Am 2020 No 30,
Sch 4.60[13].
172Records and evidentiary matters
(1)
TfNSW must keep records of the grant, refusal,
variation, suspension and cancellation of accreditations, authorities,
authorisations and licences under this Act (other than air transport service
accreditations and air route licences).
(2)
TfNSW must keep records of the making, variation,
suspension and cancellation of passenger service contracts and of the grant,
refusal, variation, suspension and cancellation of accreditations to operate
air transport services and air route licences.
(3)
A certificate purporting to be signed by a person
approved by TfNSW for the purposes of this section (the approved
person) and certifying that—
(a)
on a date specified in the certificate,
or
(b)
during any period so
specified,
the particulars set out in the certificate as to any
matter required to be recorded under this section did or did not appear on or
from the records is, for the purposes of any legal proceedings, prima facie
evidence of what it certifies.
(4)
The certificate is admissible in any
proceedings—
(a)
without proof of the authenticity of the approved
person’s signature, and
(b)
without production of any record or document on
which the certificate is founded.
(5)
In any legal proceedings under this Act, proof is
not required (until evidence is given to the contrary) of the
following—
(a)
the fact that a vehicle is subject to a provision
of this Act or the regulations in question,
(b)
the fact that the defendant is, or at any
relevant time was, the driver of any vehicle in question,
(c)
the fact that the defendant is, or at any
relevant time was, the owner or agent of the owner of any vehicle in
question,
(d)
the fact that, at any relevant time, any vehicle
was used for commercial purposes.
s 172: Am 2020 No 30,
Sch 4.60[13].
173Ferry services—drug and alcohol programs and
testing
(1)Drug and alcohol programs
An operator of a ferry service must—
(a)
prepare and implement a drug and alcohol program
for its transport safety employees that complies with guidelines approved by
TfNSW for the purposes of this section and published in the Gazette,
and
(b)
ensure that all transport safety employees
employed, or contracted, by the operator to perform transport safety work are
not under the influence of alcohol or any other drug when about to carry out,
or while on duty for the purposes of carrying out (whether or not carrying
out), transport safety work, and
(c)
report to TfNSW, if requested by TfNSW in writing
to do so, as to the implementation of the operator’s drug and alcohol
program.
Maximum penalty—500 penalty
units.
(2)
The drug and alcohol program is to include any
matters required to be included by the guidelines approved by TfNSW for the
purposes of this section.
(3)
Without limiting subsection (1) (a), the
guidelines are to include provisions for or with respect to the
following—
(a)
protocols for fair
procedures,
(b)
education and assistance of transport safety
employees.
(4)Random testing
TfNSW may at any time arrange with an operator of
a ferry service for the random testing of any person about to carry out
transport safety work or on duty for the purposes of carrying out transport
safety work for the presence of alcohol or any other drug to ensure that the
operator is complying with the conditions imposed by this
section.
(5)Definition
For the purposes of this section, a transport
safety employee is to be regarded as being about to carry out
transport safety work if the employee—
(a)
has left home or a temporary residence for work
(being transport safety work), and
(b)
has not commenced work after having so left home
or the temporary residence.
(6)Other Acts not affected
Nothing in this Act or the regulations derogates
from the operation of Part 3 of and Schedule 1 to the Marine Safety Act
1998.
Note—
Schedule 2 contains regulation-making powers for
procedures for testing for alcohol and other drugs.
174Fees, charges and levies
(1)
Any fees, charges or levies payable under this
Act or the regulations may be recovered by TfNSW as a debt in any court of
competent jurisdiction.
(2)
s 174: Am 2016 No 34,
Sch 5 [6]; 2020 No 30, Sch 4.60[13].
175Service of documents
(1)
A document that is authorised or required by this
Act or the regulations to be given to any person may be given by—
(a)
in the case of a natural person—
(i)
delivering it to the person personally,
or
(ii)
sending it by post to the address specified by
the person for the giving or service of documents or, if no such address is
specified, the residential or business address of the person last known to the
person giving or serving the document, or
(iii)
sending it by email to the email address of the
person or by facsimile transmission to the facsimile number of the person,
or
(b)
in the case of a body corporate—
(i)
leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post to, the head office, a
registered office or a principal office of the body corporate or to an address
specified by the body corporate for the giving or service of documents,
or
(ii)
sending it by email to the email address of the
body corporate or by facsimile transmission to the facsimile number of the
body corporate.
(2)
Nothing in this section affects the operation of
any provision of a law or of the rules of a court authorising a document to be
given to a person in any other manner.
176Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
In particular, the regulations may make provision
for or with respect to the matters set out in Schedule
2.
(3)
A regulation may create an offence punishable by
a penalty not exceeding 100 penalty units (in the case of a body corporate)
and 50 penalty units (in any other case).
(4)
An offence under a regulation relating to the
unauthorised use of a special purpose lane may be made punishable by a penalty
not exceeding 1,000 penalty units (in the case of a body corporate) and 500
penalty units (in any other case).
(5)
The regulations may exempt or provide for the
exemption, unconditionally or subject to conditions, from any or all of the
provisions of this Act of persons, vehicles, public passenger services or rail
passenger services or any class of persons, vehicles, public passenger
services or rail passenger services.
(6)
The regulations may apply, adopt or incorporate
(with or without changes) any publication as in force at a particular time or
as in force from time to time.
s 176: Am 2016 No 34,
Sch 5 [18].
177Additional matters relating to drug and alcohol
testing
(1)
An offence under a regulation relating to the
following matters may, in addition to the penalty provided for by this Act for
offences under the regulations, be made punishable by a period of imprisonment
not exceeding 9 months—
(a)
the carrying out of transport safety work by a
transport safety employee while under the influence of alcohol or any other
drug or while the prescribed concentration of alcohol or prescribed
concentration or amount of another drug is present in the employee’s
breath, blood or urine,
(b)
a refusal or failure by a transport safety
employee to undergo tests or otherwise comply with test procedures relating to
alcohol or other drugs,
(c)
interference by a transport safety employee with
results of such tests.
(2)
Subject to the regulations, section 109
(Measurement of alcohol concentrations) of the Road Transport
Act 2013 applies in relation to the measurement of the
concentration of alcohol in a person’s breath or blood for the purposes
of the regulations in the same way as it applies for the purposes of that
Act.
178Compensation not payable
(1)
Compensation is not payable by or on behalf of
the State—
(a)
because of the enactment or operation of this
Act, or for any consequence of that enactment or operation,
or
(b)
because of any statement or conduct relating to
the enactment or operation of this Act.
(2)
In this section—
compensation includes
damages or any other form of monetary compensation.
conduct includes any act or
omission, whether unconscionable, misleading, deceptive or
otherwise.
operation of this
Act includes the operation of any inquiry, notice or order
under this Act and any contract or other agreement entered into under or for
the purposes of this Act.
statement includes a
representation of any kind—
(a)
whether made verbally or in writing,
and
(b)
whether negligent, false, misleading or
otherwise.
the State means the Crown
within the meaning of the Crown Proceedings Act
1988, and includes an officer, employee or agent of the
Crown.
179Repeals
The following Acts are repealed—
Air Transport Act
1964
Passenger Transport Act
1990
180Review of Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of commencement of this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.