2019-10-08 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                8 OCTOBER 2019


For Noosa, TransLink has defined the service contract area as per the attached map (Attachment
2 – TransLink service contract area), which covers Sunshine Coast as a whole and not Noosa
specifically. Attachment 3 – Public Transport service coverage area, defines the Noosa specific
serviced areas. The service contract for the provision of urban bus services in the service
contract area encompassing Noosa has been awarded to Transit Australia Group Pty Ltd, trading
as Sunbus. The service contract for the provision of school services in the service contract area
encompassing Noosa has been awarded to Buslink. The contracts between the operators and
TransLink are confidential, but we are told they include provisions that no other operator can
replicate or mimic the routes those operators service.
Under the Legislative Framework, it is an offence to provide a public passenger service in an
area or route that is in a declared service contract area unless entitled to under:
    a service contract
    written agreement with the Director-General; or
    with the Director-General’s approval, a written agreement with the holder of a service
      contract.
Except with the express agreement of DTMR, the Legislative Framework does not grant Council
any power to amend existing urban public transport service contracts, including to:
   increase levels of service;
   augment services;
   duplicate or mimic services; or
   change fares.
Acknowledging the community interest in public transport, Council has investigated two avenues
to expedite changes in existing levels of service that encourages the desired objectives of the
Transport Strategy:
   seeking to find exemptions in the legislation to permit Council to influence public transport
     in Noosa; and
   entering into direct negotiations with TransLink to facilitate change.
To avoid regulation by the Legislative Framework entirely through exemptions, Council’s service
would need to fall outside the scope of the definition of ‘public passenger service’, which means it
would need to be all of the following:
   free; and
   provided by Council itself (i.e. not using another company to provide the service); and
   available to the general public; and
   not be able to be hired, booked or used by one person or group of persons only for a
     specific journey as a personalised transport service.
Even if a wholly Council initiated service were to meet each of the above criteria, Council should
seek the approval of DTMR for the proposed service first to ensure that investment in the
development, procurement and implementation of the service is not lost if DTMR objects to the
service and takes action to force the service to cease.
In addition to the Legislative Framework which regulates public passenger service market entry,
TransLink also has contractual obligations to each of its service providers under its service
contracts. We are informed by Transit Australia Group Pty Ltd trading as Sunbus, that Sunbus
has the exclusive right to operate its bus services on the routes serviced by Sunbus in the
service contract area which encompasses Noosa.
Using the example of a Noosa Style Shuttle Bus, if Council were able to facilitate the service in
such a way that it fell outside the strict ambit of regulation under the Legislative Framework, the
service may still operate over existing routes operated by Sunbus and create a conflict with
TransLink’s contractual obligations with Sunbus. In that case DTMR may act swiftly to shut down
the Noosa service to preserve its service contract with Sunbus.
On the basis of the risks associated with attempting to operate within legislation exemptions and
not creating a conflict with TransLink’s existing contractual arrangements, Council’s most

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