This Act assigns responsibilities and creates obligations that fall on a set of distinct actors. Below I identify those parties, what the Act makes them do or allows them to decide, and the direction of control or burden.
- Operators of public passenger services. Operators must be accredited to operate services that fall within Part 2 (s 15). Accreditation applicants include individuals, partnerships, and bodies corporate (s 17(1)). Accredited operators are subject to accreditation conditions (s 26), may be required to implement safety management systems (s 31), to run drug-and-alcohol programs (s 29 for buses; s 173 for ferries), to report notifiable occurrences (s 132), to provide safety reports on demand (s 131), and to comply with passenger service contract terms where applicable (s 36; s 159(2)). Operators who contravene accreditation conditions or Act/regulations risk variation, suspension or cancellation of accreditation (s 33).
- Drivers. Drivers of covered services (s 55) must hold a driver authority (s 57), meet age and licence thresholds (s 59; s 60), and comply with conditions attached to driver authorities (s 69). TfNSW may refuse, vary, suspend or cancel driver authorities for failure to meet standards, driver licence suspension or criminal proceedings being commenced (s 71).
- TfNSW. Central decision-maker and regulator. TfNSW receives and determines accreditation, driver authority and air route licence applications (ss 17, 43, 59). It sets accreditation and licence forms, imposes and varies conditions (ss 20, 21, 26, 51), arranges inspections (s 159), issues fares orders (s 125), administers subsidy and concession schemes (ss 129-130), and keeps records of regulatory actions (s 172). TfNSW appoints authorised officers (s 152) and may enter into information-sharing arrangements (s 170).
- Minister. The Minister can declare regulated air routes (s 7(2)), constitute Boards of Inquiry (s 140), refer fare matters to IPART (s 123), and direct compliance with Chief Investigator recommendations in respect of ferry services (s 151). The Minister is the addressee of Chief Investigator reports and must table them in Parliament (s 137; s 149).
- Chief Investigator and transport safety investigators. The Chief Investigator may investigate safety incidents affecting rail, bus and ferry services (s 133), request Boards of Inquiry (s 141), appoint transport safety investigators (s 146), and receive and manage safety information including confidential reporting schemes (s 150). Transport safety investigators exercise investigatory powers set out in Schedule 1.
- IPART. Receives Ministerial referrals to determine or recommend maximum fares and methodologies, and must consider specified matters (ss 123-124). TfNSW must follow IPART-determined maxima and methodologies when making fares orders (s 125(2)).
- Sydney Metro. Has similar contracting powers to TfNSW for metro services (s 36B) and is included in information-sharing arrangements (s 170).
- Passengers and the public. Subject to fares orders (s 125), ticketing and conditions of travel set by regulation (s 128), and exclusion rules (Schedule 2 power to regulate conduct, cl 2). Passengers are not counted as transport safety employees in the definition of passenger (s 5(6)).
- Other agencies and courts. The Act explicitly cross-references and constrains interaction with coronial, criminal and civil systems (ss 134, 139, 145). It allows information-sharing with SafeWork NSW, police and other prescribed agencies (s 170).
- Incumbent holders and close associates. The Act permits TfNSW to refuse accreditation where a close associate has had a cancelled accreditation or licence (s 19), and defines close associate in detail (s 13), which affects ownership, control and governance structures.
Who pays. Parties who carry costs include applicants (application fees prescribed by regulation, ss 17(3)(d), 43(4)(d), 59(3)(c)), operators who must implement safety systems and drug-and-alcohol programs (ss 29, 31, 173) and comply with inspections (s 159) and reporting (s 131, s 132). Where passenger service contracts exist, operators may be subject to civil penalties payable as debts to the State (s 38). TfNSW bears the administrative and investigatory cost burden and, in limited circumstances, compensatory liability for damage caused by authorised officers (Schedule 1 Part 3 cl 28; see also cl 28 liability provisions).
Who decides. TfNSW is the primary decision-maker for accreditations, driver authorities, air route licences and fares orders within the constraints the Act imposes (ss 17-18; ss 43-44; s 125). The Minister retains policy and inquiry powers (ss 7, 123, 140-141, 151). IPART decides or recommends on fares when referred (ss 123-124). The Chief Investigator decides investigatory scope and may recommend safety remedial action (ss 133-137).
What behaviour changes. The Act compels operators to move from an unregulated market posture to one in which statutory accreditation, contractual performance standards, documented safety management systems and drug-and-alcohol controls are prerequisites to operating regular services (ss 15, 31, 29, 39). Drivers must obtain statutory driver authorities and meet fit-and-proper and licence/age requirements (ss 59-61). Operators and drivers must cooperate with inspections and investigations and face criminal or civil sanction for non-compliance (ss 160-166). Procurement becomes the norm for regular timetabled services (s 36; s 39), potentially replacing less formal or parallel service provision models.