2019-10-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   8 OCTOBER 2019




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                                           8 OCTOBER 2019

                1.  | What legislation applies?
                        The Department of Transport and Main Roads (DTMR) has overall responsibility for coordinating
                        transport in Queensland. DTMR’s functions in relation to transport are set out in a series of
                        ‘Transport Acts’, which are administered by DTMR. DTMR’s functions under the Transport Acts
                        include, but are not limited to:
                        Te      coordinating strategic planning and operation of integrated transport systems in the State of
                                Queensland; and
                        Zz:     managing the allocation of funds to achieve this outcome.
                        One aspect of that transport responsibility is public transport, which is regulated under one of the
                        Transport Acts, namely the Transport Operations (Passenger Transport) Act 1994 (Qld), and related
                        legislation (Passenger Transport Legislation).
                        Translink is a division of the DTMR tasked with overseeing the public passenger transport system
                        including buses, trains, ferries and trams across South East Queensland (among other things).
                        Essentially, Translink manages the scheduled services that would commonly be referred to as ‘public
                        transport’. However, under the Legislation Framework DTMR’s ambit is much broader than that and
                        includes, as an example, oversight of the taxi industry, booked hire services (like Uber) and private
                        buses.

                2.   | What defines public transport?
                        Under the Transport Acts, ‘public passenger transport’ means the carriage of passengers by a public
                        passenger service using a public passenger vehicle.
                        Public passenger vehicles may include buses, ferries, taxis, fixed track vehicles, aircraft,
                        limousine, booked hire vehicles (such as Uber) or another vehicle used to provide a public
                        passenger service.
                        Public passenger service essentially means any service for the carriage of passengers if the
                        service is provided for a fare, or in the course of business, or is a courtesy transport service,
                        community transport service or driver service.
                        The definition of ‘public passenger transport’ is very broad, and captures essentially every type of
                        passenger transport that would not be considered private transport limited to personal use. A number
                        of exceptions apply to the definition of ‘public passenger service’ including services such ambulance,
                        police and fire and rescue.

                3.     Regulation of public passenger services
                        Services which are ‘public passenger services’ are subject to regulation under the Passenger
                        Transport Legislation which may include the provider of the service being subject to:
                       (a)     a requirement that the service provider enters into a service contracts with Translink;
                       (b)     holding operator accreditation;
                       (c)     holding driver authorisation;
                       (d)     market entry restrictions; and
                       (e)     specific regulation around personalised transport services (such as taxis and ‘ride share’
                               services like Uber).
                        Operator accreditation and driver authorisation are two key regulatory requirements. A further level
                        of regulation is imposed on core public passenger services like buses, taxis and school services via
                        performance-based service contracts and licenses. One of DTMR’s main functions is to administer
                        and monitor compliance to the regulations.
                MinterEllison | Ref: PXM:CMM 381814                                             Public transport in Noosa | Page 4
                Private & Confidential
                23.09.19:381184_039 docx

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