National Transport Commission (Model Legislation—Intelligent Access Program) Regulations 2006
11Operators’ obligation to tell drivers about collection of personal information and other matters
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11 Operators’ obligation to tell drivers about collection of personal information and other matters
(1) The operator of an IAP vehicle must take reasonable steps to tell the vehicle’s driver, before the vehicle begins a journey: (a) that the vehicle will be monitored by an IAP service provider; and (b) what information will be collected by the IAP service provider; and (c) the purposes for which that information is collected; and (d) the persons and authorities to which information so collected may be disclosed; and (e) that the collection of the information is authorised by this Act; and (f) that the driver has the rights of reasonable access to, and of correction of, personal information so collected, and how those rights can be exercised; and (g) the name and address of the IAP service provider.
Maximum penalty: $10 000.
Note: Driver includes a two‑up driver if he or she is in the vehicle—see the Compliance and Enforcement Model Bill, subsection 6(1) and section 5 of this Act.
(2) The operator of an IAP vehicle must take reasonable steps to tell the vehicle’s driver, before the vehicle begins a journey: (a) about the driver’s obligation under section 13; and (b) how the driver can make the reports required by that obligation.
Maximum penalty: $10 000.
Note: Driver includes a two‑up driver if he or she is in the vehicle—see the Compliance and Enforcement Model Bill, subsection 6(1) and section 5 of this Act.
(3) An operator may comply with subsections (1) and (2) by: (a) placing a notice that gives the required information in a place in the vehicle’s driving cab where it is clearly visible; or (b) giving the required information to the driver in writing as part of a written contract of employment between the driver and the operator. (4) The regulations may prescribe: (a) a form of notice that may be used for the purposes of paragraph (3)(a); and (b) for paragraph (3)(b), a standard form of words that may be used as part of a written contract of employment.