{"id":"nsw:sl-2022-0508","name":"Transport Administration (Staff) Regulation 2022","slug":"transport-administration-staff-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"508 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176124,"registerId":"nsw-nsw:sl-2022-0508-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Transport Administration (Staff) Regulation 2022](/view/html/inforce/current/sl-2022-0508).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Transport Administration (Staff) Regulation 2012](/view/html/repealed/current/sl-2012-0437) which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The Dictionary in Schedule 1 defines words used in this Regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Employment by transport corporations—the Act, ss 64, 64C and 64F","content":"# Part 2 Employment by transport corporations—the Act, ss 64, 64C and 64F\n\nPart 2 Employment by transport corporations—the Act, ss 64, 64C and 64F","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Transport corporation officers convicted of serious offences","content":"#### 4 Transport corporation officers convicted of serious offences\n\n4 Transport corporation officers convicted of serious offences\n\n> A transport corporation may take disciplinary proceedings against a transport corporation officer who is convicted of a serious criminal offence.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Procedure in disciplinary proceedings","content":"#### 5 Procedure in disciplinary proceedings\n\n5 Procedure in disciplinary proceedings\n\n> > (1) If a transport corporation takes disciplinary proceedings against a transport corporation officer, the transport corporation must give the officer written notice of the particulars of the alleged behaviour giving rise to the proceedings.\n> \n> > (2) A formal hearing is not required to be held before the person or body investigating the alleged behaviour, but the transport corporation officer may make representations to that person or body.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Suspension pending disciplinary proceedings","content":"#### 6 Suspension pending disciplinary proceedings\n\n6 Suspension pending disciplinary proceedings\n\n> > (1) A transport corporation officer may, pending the taking or determination of disciplinary proceedings against the officer, be temporarily suspended from duty by—\n> > \n> > > (a) the transport corporation, or\n> > \n> > > (b) a transport corporation officer who is senior in position, rank or grade.\n> \n> > (2) The transport corporation may end the suspension at any time.\n> \n> > (3) A transport corporation may withhold the payment of salary to a transport corporation officer while the officer is suspended from duty under this section.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Punishments in disciplinary proceedings","content":"#### 7 Punishments in disciplinary proceedings\n\n7 Punishments in disciplinary proceedings\n\n> > (1) A transport corporation may impose the following punishments in disciplinary proceedings against a transport corporation officer—\n> > \n> > > (a) a caution or reprimand,\n> > \n> > > (b) a fine of an amount not exceeding $100,\n> > \n> > > (c) reduction in position, rank or grade and pay,\n> > \n> > > (d) suspension from duty without pay,\n> > \n> > > (e) dismissal.\n> \n> > (2) Instead of dismissing a transport corporation officer, the transport corporation may allow the officer to resign.\n> \n> > (3) This section does not limit other action that may be taken under another law by a transport corporation in relation to an officer in disciplinary proceedings.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Disciplinary proceedings not required","content":"#### 8 Disciplinary proceedings not required\n\n8 Disciplinary proceedings not required\n\n> This Division does not require the taking of disciplinary proceedings for a transport corporation to dispense with the services of—\n> \n> > (a) a transport corporation officer, or\n> \n> > (b) another employee of the transport corporation.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Promotion reviews","content":"#### 9 Promotion reviews\n\n9 Promotion reviews\n\n> > (1) A transport corporation officer may apply for a review of a reviewable appointment by a transport corporation if—\n> > \n> > > (a) the transport corporation officer was an unsuccessful applicant for the vacant position, and\n> > \n> > > (b) an appointment to the vacant position would be a promotion for the transport corporation officer.\n> \n> > (2) A transport corporation officer must apply for a review of a reviewable appointment by a transport corporation within 5 days of the transport corporation notifying the appointment, as the case requires—\n> > \n> > > (a) to the unsuccessful applicant, or\n> > \n> > > (b) in a notice circulated among officers seeking promotion.\n> \n> > (3) The only ground on which a transport corporation officer may apply for a review of a reviewable appointment by a transport corporation is denial of procedural fairness.\n> \n> > (4) An appointment to a vacant position is a reviewable appointment if—\n> > \n> > > (a) the position is advertised, and\n> > \n> > > (b) the person appointed to the position is, immediately before the appointment, a transport corporation officer, and\n> > \n> > > (c) the appointment is to a position as—\n> > > \n> > > > (i) a Sydney Trains officer or NSW Trains officer with a maximum salary that is below the minimum salary for a position graded RC Grade 5 at the time of advertising the position, or\n> > > \n> > > > (ii) a Sydney Ferries officer with a maximum salary that is below the minimum salary for the position of senior officer, band A, at the time of advertising the position.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Sydney Trains and NSW Trains—additional provisions","content":"## Division 2 Sydney Trains and NSW Trains—additional provisions\n\nDivision 2 Sydney Trains and NSW Trains—additional provisions","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Employment outside official duties","content":"#### 10 Employment outside official duties\n\n10 Employment outside official duties\n\n> > (1) A transport corporation officer must not, except with the permission of the transport corporation, do the following outside the officer’s position—\n> > \n> > > (a) hold a paid office,\n> > \n> > > (b) engage in paid employment,\n> > \n> > > (c) carry on a business,\n> > \n> > > (d) engage in the private practice of a profession.\n> \n> > (2) The transport corporation may, by written notice given to the transport corporation officer, withdraw the permission at any time.\n> \n> > (3) For this section, a transport corporation officer is taken to hold a paid office, or to engage in paid employment, even if the officer—\n> > \n> > > (a) does not accept payments to which the officer is entitled for the officer’s services, or\n> > \n> > > (b) accepts only an honorarium or allowance for the officer’s services.\n> \n> > (4) A transport corporation officer who contravenes this section is taken to be guilty of misconduct for the purposes of disciplinary proceedings.\n> \n> > (5) This section only applies to officers of the following transport corporations—\n> > \n> > > (a) Sydney Trains,\n> > \n> > > (b) NSW Trains.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Return of property on termination of employment","content":"#### 11 Return of property on termination of employment\n\n11 Return of property on termination of employment\n\n> > (1) A transport corporation officer, or another employee of a transport corporation, whose employment is terminated or suspended must, on the last day of the person’s duty before the termination or suspension, return property belonging to the transport corporation that is in the person’s possession at that time.\n> \n> > (2) This section only applies to officers or other employees of the following transport corporations—\n> > \n> > > (a) Sydney Trains,\n> > \n> > > (b) NSW Trains.\n> \n> > (3) In this section—\n> > \n> > termination means resignation, retirement, dismissal, retrenchment or other cessation of employment, and includes unauthorised absence from duty.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Employment in Transport Service—the Act, s 68P","content":"# Part 3 Employment in Transport Service—the Act, s 68P\n\nPart 3 Employment in Transport Service—the Act, s 68P","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Transport Service employees convicted of serious offences","content":"#### 12 Transport Service employees convicted of serious offences\n\n12 Transport Service employees convicted of serious offences\n\n> If a Transport Service employee is convicted of a serious criminal offence, the Transport Secretary may—\n> \n> > (a) take disciplinary action in relation to the employee, or\n> \n> > (b) take remedial action in relation to the employee.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Procedure in disciplinary proceedings","content":"#### 13 Procedure in disciplinary proceedings\n\n13 Procedure in disciplinary proceedings\n\n> > (1) If the Transport Secretary takes disciplinary proceedings against a Transport Service employee, the Transport Secretary must give the employee written notice of the particulars of the alleged behaviour giving rise to the proceedings.\n> \n> > (2) A formal hearing is not required to be held before the person or body investigating or dealing with the alleged behaviour, but the Transport Service employee may make representations to that person or body.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Suspension pending disciplinary proceedings or determination of charges","content":"#### 14 Suspension pending disciplinary proceedings or determination of charges\n\n14 Suspension pending disciplinary proceedings or determination of charges\n\n> > (1) The Transport Secretary may suspend a Transport Service employee from duty pending—\n> > \n> > > (a) the taking or determination of disciplinary proceedings against the employee, or\n> > \n> > > (b) the determination by a court of a charge against the employee for a serious criminal offence.\n> \n> > (2) The Transport Secretary may end the suspension at any time.\n> \n> > (3) The Transport Secretary may withhold the payment of salary to a Transport Service employee while the employee is suspended from duty under this section.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Determination of disciplinary proceedings","content":"#### 15 Determination of disciplinary proceedings\n\n15 Determination of disciplinary proceedings\n\n> The Transport Secretary may determine disciplinary proceedings taken against a Transport Service employee by—\n> \n> > (a) taking disciplinary action in relation to the employee, or\n> \n> > (b) taking remedial action in relation to the employee, or\n> \n> > (c) taking no further action.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Advertising of vacant positions","content":"#### 16 Advertising of vacant positions\n\n16 Advertising of vacant positions\n\n> > (1) The Transport Secretary must, unless the Transport Secretary decides otherwise, advertise a vacant STA officer’s position before appointing a person to the position.\n> \n> > (2) A vacant STA officer’s position may be advertised within or outside the Transport Service, or both.\n> \n> > (3) In deciding to appoint a person to a vacant STA officer’s position that has been advertised, the Transport Secretary may only select a person who has duly applied for appointment to the position.\n> \n> > (4) The Transport Secretary may do the following—\n> > \n> > > (a) extend the time stipulated in an advertisement for lodging applications for a vacant STA officer’s position,\n> > \n> > > (b) decline to appoint any of the applicants for a vacant STA officer’s position that has been advertised,\n> > \n> > > (c) re-advertise a vacant STA officer’s position.\n> \n> > (5) Despite subsection (3), the Transport Secretary may appoint a person to a vacant STA officer’s position as if it had not been advertised if—\n> > \n> > > (a) there are no applicants for the position, or\n> > \n> > > (b) the Transport Secretary has declined to appoint any applicant to the position.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Merit appointments","content":"#### 17 Merit appointments\n\n17 Merit appointments\n\n> > (1) For the purpose of determining the merit of persons eligible for appointment to a vacant STA officer’s position, the Transport Secretary must have regard to—\n> > \n> > > (a) the nature of the duties of the position, and\n> > \n> > > (b) the abilities, qualifications, experience, standard of work performance and personal qualities of eligible persons that are relevant to the performance of the duties of the position.\n> \n> > (2) If a vacant STA officer’s position has been advertised, the Transport Secretary must, subject to section 16(5), select from among the applicants eligible for appointment the applicant who, in the opinion of the Transport Secretary, has the greatest merit.\n> \n> > (3) If a vacant STA officer’s position has not been advertised, the Transport Secretary—\n> > \n> > > (a) may appoint a person who is not an STA officer, or\n> > \n> > > (b) may appoint an STA officer by way of promotion if the STA officer has, in the opinion of the Transport Secretary, the greatest merit of the STA officers eligible for promotion, or\n> > \n> > > (c) may appoint an STA officer by way of transfer or regression.\n> \n> > (4) This section applies to a vacant STA officer’s position advertised within or outside the Transport Service, or both.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Appointments from within or outside Transport Service","content":"#### 18 Appointments from within or outside Transport Service\n\n18 Appointments from within or outside Transport Service\n\n> > (1) The Transport Secretary may appoint to an STA officer’s position—\n> > \n> > > (a) a Transport Service employee, or\n> > \n> > > (b) a person who is not a Transport Service employee.\n> \n> > (2) The Transport Secretary may arrange competitive examinations or take other measures for determining suitability for appointment to a vacant STA officer’s position.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Appointments on probation","content":"#### 19 Appointments on probation\n\n19 Appointments on probation\n\n> > (1) A person appointed to an STA officer’s position must be first appointed on probation for a period of 3 months.\n> \n> > (2) In a particular case, the Transport Secretary may make an appointment without probation.\n> \n> > (3) The Transport Secretary may, during the period of probation, extend the period of probation, but the total period of probation must not exceed 6 months.\n> \n> > (4) A period of leave, with or without pay, must not be included in calculating the total period of 6 months.\n> \n> > (5) The Transport Secretary may, during or after the period of probation—\n> > \n> > > (a) confirm the STA officer’s appointment, or\n> > \n> > > (b) discharge the officer from the Transport Service.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Promotion reviews and employment outside official duties","content":"#### 20 Promotion reviews and employment outside official duties\n\n20 Promotion reviews and employment outside official duties\n\n> > (1) Sections 9 and 10 apply to an STA officer in the same way as they apply to a transport corporation officer.\n> \n> > (2) For that purpose—\n> > \n> > > (a) in sections 9 and 10—\n> > > \n> > > > (i) a reference to a transport corporation officer is taken to include a reference to an STA officer, and\n> > > \n> > > > (ii) a reference to a transport corporation is taken to include a reference to the Transport Secretary, and\n> > \n> > > (b) in section 9(4)(c), an appointment to a position is a reviewable appointment if the appointment is to a position as an STA officer with a maximum salary that is below the minimum salary for the position of senior officer, band A, at the time of advertising the position.","sortOrder":26},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Savings","content":"#### 21 Savings\n\n21 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Transport Administration (Staff) Regulation 2012](/view/html/repealed/current/sl-2012-0437), had effect under that Regulation is taken to have effect under this Regulation.","sortOrder":28}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The document only contains status and metadata information. No amendments are recorded, suggesting the regulation remains as originally made."},"complexity_factors":["Only metadata and status information was available for analysis — no substantive provisions were included in the provided text","The regulation itself is subordinate legislation (a regulation, not an Act), which typically involves a simpler structure than primary legislation","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of administrative complexity for those tracking the regulation's lifespan","Score is low by necessity given the absence of substantive content to assess"],"plain_english_summary":"The Transport Administration (Staff) Regulation 2022 is an NSW regulation governing staff matters in transport agencies (e.g. Sydney Trains, Transport for NSW). The supplied document contains only its metadata: it commenced 26 August 2022, hasn’t been amended, and is scheduled for automatic repeal on 1 September 2027. It likely affects agency employees, HR/management and unions — and will lapse in 2027 unless renewed or replaced."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation appears tightly scoped to its original purpose of governing employment conditions, discipline and appointments within NSW transport agencies. The 2022 version is a direct replacement of the 2012 Regulation (per section 2 Note and section 21 savings provision) without evidence of scope creep into unrelated policy areas."},"complexity_factors":["Moderate cross-referencing between Parts 2 and 3, with Division 2 of Part 3 explicitly importing rules from Part 2 (section 20)","Nested conditional logic in section 9 (promotion reviews) requiring multiple cumulative conditions to be met","Salary band thresholds used as jurisdictional limits (e.g., 'RC Grade 5', 'senior officer, band A') without defining those bands in the visible text","Dual employment regimes: separate but parallel disciplinary schemes for 'transport corporation officers' (Part 2) and 'Transport Service employees' (Part 3)","Specific exceptions to general rules (e.g., section 8 clarifies disciplinary proceedings aren't required for dismissal; section 16(5) allows non-advertised appointments when no suitable applicants exist)","21 sections across 4 Parts with defined terms relegated to a Schedule not provided in the extract"],"plain_english_summary":"This Regulation sets out the rules for managing staff who work for New South Wales transport bodies—specifically Sydney Trains, NSW Trains, Sydney Ferries, and the State Transit Authority (STA).\n\n**What it covers:**\n\n*   **Discipline:** It explains how transport bosses can punish staff who break the law or misbehave. This includes giving warnings, fines (up to $100), demotions, suspensions without pay, or sacking them. Staff can be suspended on full or no pay while investigations happen.\n*   **Criminal convictions:** If an employee is convicted of a serious crime, their employer can start disciplinary action—even if the crime had nothing to do with their job.\n*   **Fair process:** Before disciplining someone, the employer must give written details of the alleged misbehaviour. The employee can put their side of the story, but there doesn't have to be a formal court-style hearing.\n*   **Promotions:** If someone misses out on a promotion, they can ask for a review—but only if they think the process was unfair, and only for certain lower-level jobs. They have just 5 days to complain.\n*   **Moonlighting:** Officers at Sydney Trains and NSW Trains generally can't hold second jobs, run businesses, or do private professional work without written permission. Breaking this rule counts as misconduct.\n*   **Hiring rules for bus officers (STA):** The Regulation sets out how the Transport Secretary must advertise jobs, pick the best candidate based on merit, and use probation periods (usually 3 months, max 6 months) for new STA officers.\n*   **Returning property:** Staff leaving Sydney Trains or NSW Trains must hand back all work property on their last day.\n\n**Why it matters:**\nThis is the rulebook that protects both transport workers and their employers. It ensures staff are treated fairly when accused of wrongdoing, but also gives management clear powers to sack crooks or poor performers. For commuters, it matters because these rules help ensure the people running trains, ferries and buses are fit for the job."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2012 Regulation (commencement note) and contains a savings provision preserving acts that had effect under the former Regulation (s 21). The text supplied does not expressly expand or narrow the substantive categories of staff or powers beyond carrying those prior effects forward, so no clear change of scope is evident from the instrument itself (commencement note; s 21)."},"complexity_factors":["Multiple employer categories with different rules (transport corporations, Sydney Trains, NSW Trains, State Transit Authority, Transport Service) (Divs 1–2, Parts 2–3)","Wide managerial discretion over suspension, withholding pay and disciplinary outcomes (s 6; s 14; ss 7,15)","Procedural constraints and time limits for review rights (5‑day limit for promotion review; s 9(2), s 9(3))","Merit and advertising requirements combined with exceptions (advertising, selection from applicants, and exceptions where none apply) (ss 16–18)","Cross-references to the Act and Interpretation Act and reliance on Schedule 1 definitions (s 3; Dictionary)","Limited, capped penalties and prescribed punishments (monetary fine cap at $100; s 7)","Savings and replacement of prior regulation preserving prior effects (commencement note; s 21)","Distinct procedural regimes between transport corporations and the Transport Secretary (comparative provisions in Parts 2 and 3)"],"plain_english_summary":"This Regulation sets out rules for employment, discipline, promotion and appointment of staff in NSW transport bodies — specifying who may be suspended, disciplined, fined or dismissed, how vacant officer positions must be advertised and filled, and return-of-property obligations on termination. It applies to officers and employees of Sydney Trains, NSW Trains, the State Transit Authority and Transport Service employees, and matters because it defines managers’ discretion (suspension, withholding pay, appointment choices) and the limited procedural protections and review rights available to staff."}},"importantCases":[],"_links":{"self":"/api/acts/transport-administration-staff-regulation-2022","history":"/api/acts/transport-administration-staff-regulation-2022/history","analysis":"/api/acts/transport-administration-staff-regulation-2022/analysis","conflicts":"/api/acts/transport-administration-staff-regulation-2022/conflicts","importantCases":"/api/acts/transport-administration-staff-regulation-2022/important-cases","documents":"/api/acts/transport-administration-staff-regulation-2022/documents"}}