sec.46Review of holder’s performance

### sec.46 Review of holder’s performance This section does not apply to a prescribed school service contract or a ferry service contract. Subsections (4) to (7) do not apply to an integrated mass transit service contract. The chief executive may arrange for reviews of a holder’s performance under a service contract. However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review ). A service contract may also be reviewed at another time if the parties agree. Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) . The chief executive must take into account any relevant research done by the holder. If, on a review, it is shown that the holder— has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but has not achieved the patronage levels agreed to by the chief executive and the holder; the chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage. On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder’s service contract. If, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive— must notify the holder of the inadequacy; and may require the holder to take specified steps to remedy the inadequacy. If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract. Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9) . s 46 amd 1997 No. 66 s 71 ; 2000 No. 6 s 54 ; 2000 No. 46 s 3 sch ; 2002 No. 15 s 50 ; 2004 No. 9 s 15 ; 2008 No. 32 s 75 ; 2012 No. 31 s 33 sch (sec.46-ssec.1A) This section does not apply to a prescribed school service contract or a ferry service contract. (sec.46-ssec.1B) Subsections (4) to (7) do not apply to an integrated mass transit service contract. (sec.46-ssec.1) The chief executive may arrange for reviews of a holder’s performance under a service contract. (sec.46-ssec.2) However, each service contract, other than an emergency service contract or a service contract for a term of less than 2 years, must be reviewed as near as practicable to the middle of the term of the contract (a midterm review ). (sec.46-ssec.3) A service contract may also be reviewed at another time if the parties agree. (sec.46-ssec.4) Each holder under a service contract must, for a midterm review, conduct a market based needs assessment for public passenger services of the relevant type for the contract area or route. (sec.46-ssec.5) The chief executive may make, and distribute to holders, guidelines to which operators must have regard in conducting assessments under subsection (4) . (sec.46-ssec.6) The chief executive must take into account any relevant research done by the holder. (sec.46-ssec.7) If, on a review, it is shown that the holder— has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but has not achieved the patronage levels agreed to by the chief executive and the holder; the chief executive may review the holder’s minimum service levels or work with the holder to achieve increased patronage. (sec.46-ssec.7A) On a review of an integrated mass transit service contract, the chief executive must take into account whether the holder is meeting the requirements of the holder’s service contract. (sec.46-ssec.8) If, after a review, the chief executive is of the opinion the holder’s performance has been inadequate in a significant respect, the chief executive— must notify the holder of the inadequacy; and may require the holder to take specified steps to remedy the inadequacy. (sec.46-ssec.9) If a holder fails to take the required steps to remedy the inadequacy within the time allowed by the chief executive, the chief executive may, by notice to the holder, terminate the service contract. (sec.46-ssec.10) Compensation is not recoverable from anyone (including the chief executive and the State) for or in relation to the termination of the service contract under subsection (9) . - (a) has taken all reasonable steps to fulfil the contract and actively promoted the use of public passenger transport; but - (b) has not achieved the patronage levels agreed to by the chief executive and the holder; - (a) must notify the holder of the inadequacy; and - (b) may require the holder to take specified steps to remedy the inadequacy.