Div 5Disciplinary powers

Division 5—Disciplinary powers 35A—Passenger Transport Standards Committee (1) The Minister must establish a committee, to be called the Passenger Transport Standards Committee, to exercise disciplinary powers under this Division, and to exercise or perform such other powers or functions as may from time to time be conferred on the committee by the Minister. (2) The Minister may, as the Minister thinks fit, appoint suitable persons to be members of the Standards Committee (and may at any time remove any person from membership of the committee). (3) An appointment under subsection (2) will be on terms and conditions determined by the Minister. (4) The quorum for any proceedings of the Standards Committee will be three members of the committee (but this subsection does not prevent additional members sitting in any proceedings of the committee). 36—Disciplinary powers (1) The Standards Committee may hold an inquiry for the purpose of determining whether proper cause exists for disciplinary action against a person who is, or has been, an accredited person under this Act. (1a) An inquiry may be commenced by a complaint being lodged with the Standards Committee or by the Standards Committee acting of its own motion. (2) There is proper cause for disciplinary action against a respondent if— (a) the respondent is found guilty of an offence against this or any other Act or law; or (ab) the respondent has failed to pay amounts required by a notice under clause 2(7) of Schedule 2 within the period specified in the notice (or such other period as may have been allowed by the Minister in accordance with clause 5 of that Schedule); or (b) the respondent holds an accreditation under Division 1 and has— (i) in the course of operating a passenger transport service, acted negligently or fraudulently; or (ii) failed to meet any standard that relates to the accreditation; or (c) the respondent holds an accreditation under Division 2 and has ceased to have sufficient responsibility or aptitude to drive a vehicle to which the accreditation relates; or (d) the respondent holds an accreditation under Division 3 and has failed to meet a standard that relates to the accreditation; or (e) the respondent— (i) obtained his or her accreditation improperly; or (ii) has ceased to be a person of good repute, or in any other respect has ceased to be a fit and proper person to hold an accreditation under this Act or, in the case of a body corporate, a person who has gained or is in a position to control or influence substantially the affairs of the respondent is not, or has ceased to be, a person of good repute, or in any other respect is not, or has ceased to be a fit and proper person to exercise such control or influence in respect of a body corporate that is the holder of an accreditation under this Act; or (iii) has ceased to be eligible for any other reason to hold an accreditation under this Act; or (iv) has breached, or failed to comply with, a code of practice under this Act, or otherwise has breached, or failed to comply with, a condition to which his or her accreditation is subject; or (v) has breached, or failed to comply with, a provision of this Act; or (vi) has breached, or failed to comply with or satisfy, any other requirement, standard, criteria, qualification or condition prescribed by the regulations for the purposes of this provision. (3) If, after conducting an inquiry under this section, the Standards Committee is satisfied that proper cause exists for disciplinary action, the Standards Committee may exercise one or more of the following powers: (a) the Standards Committee may reprimand the respondent; (b) the Standards Committee may require the respondent to pay to the Consolidated Account a fine not exceeding $5000 (recoverable by the Crown as a debt); (c) if the respondent is an accredited person, the Standards Committee may— (i) attach conditions to the accreditation; (ii) shorten the period of accreditation, or issue a temporary accreditation, and warn the respondent that if further grounds for disciplinary action arise, the respondent will be liable to be disqualified from holding an accreditation under this Act; (iii) suspend the accreditation for a specified period, until the fulfilment of specified conditions, or until further order; (iv) revoke the accreditation; (d) the Standards Committee may disqualify the respondent from holding an accreditation under this Act— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of specified conditions; or (iv) until further order. (4) The powers conferred by this section may be exercised in relation to conduct occurring before or after the commencement of this Act. (5) The Standards Committee must not revoke or suspend the accreditation of a person who is the holder of a service contract under Part 5 except with the concurrence of the Minister. (6) The Minister is not obliged to conduct a hearing or invite submissions for the purpose of deciding whether or not to give his or her concurrence under subsection (5). (7) A person who has had his or her accreditation suspended is not an accredited person during the period of suspension. (8) Where the Standards Committee revokes an accreditation under this section, the Standards Committee may stipulate that the revocation is to have effect at a future time specified by the Standards Committee and impose conditions as to the conduct of any activity under that accreditation until that time. (9) If a condition is imposed by the Standards Committee under this section, the respondent must not contravene or fail to comply with the condition. 37—Related matters (1) In the exercise of powers under this Division, the Standards Committee— (a) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and (b) is not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit. (2) The Standards Committee may, for the purpose of any proceedings under this Division— (a) by summons signed by a member of the Standards Committee, require the attendance of any person, or require the production of any document, object or material; and (b) require any person who appears in connection with the proceedings to answer any relevant question; and (c) require any person to make an oath or affirmation to answer truthfully any question put by the Standards Committee. (3) If a person— (a) who has been served with a summons fails without reasonable excuse to attend in obedience to the summons; or (b) who has been served with a summons to produce any document, object or material, fails without reasonable excuse to comply with the summons; or (c) misbehaves during any proceedings, or interrupts any proceedings; or (d) refuses to answer any relevant question when required to do so under this section; or (e) refuses to be sworn or to affirm, that person is guilty of an offence. Penalty: Division 5 fine. (4) A person is not obliged— (a) to answer a question under this section if the answer would tend to incriminate that person of an offence, or to produce a document, object or material if it or its contents would tend to incriminate that person of an offence; or (b) to provide information under this section that is privileged on the ground of legal professional privilege. (5) Except as provided by this section, proceedings under this Division may be conducted in such manner as the Standards Committee determines. (6) The Standards Committee must prepare and publish information to assist persons who may be the subject of proceedings under this Division.