Transport Operations (Passenger Transport) Regulation 2018
sec.77KReview of safety management plans
Start here
Get a plain-English read of sec.77K
Turn the raw legal text into a practical explanation grounded in Transport Operations (Passenger Transport) Regulation 2018.
sec.77K Review of safety management plans
A comprehensive review of a safety management plan for a responsible duty holder must be conducted at least every 3 years from the day on which the plan takes effect. However, a safety management plan for a responsible duty holder must be reviewed, to the extent necessary, at any time before the comprehensive review required under subsection (1) if— there has been, or will be, a material change in the provision of the road-based public passenger service provided by the responsible duty holder; or a new vehicle using different technology will be used to provide the road-based public passenger service for a responsible duty holder who is an operator of a relevant service—the operator has completed an incident report under section 18K (1) ; or a duty holder has reported a notifiable incident to the regulator under the Work Health and Safety Act 2011 , section 38 in relation to— a motor vehicle used to provide the road-based public passenger service; or the driver of, or a passenger in, a motor vehicle used to provide the road-based public passenger service; or a duty holder has reported, in writing, to the responsible duty holder a hazard arising from the work carried out by the responsible duty holder in providing the service and— the hazard is not identified and described in the responsible duty holder’s safety management plan; or the hazard is identified and described in the responsible duty holder’s safety management plan but the plan may not comply with section 67ZB (1) (b) to (d) of the Act in relation to the hazard; or a responsible duty holder otherwise becomes aware, or ought reasonably to be aware, the safety management plan may not comply with section 67ZB (1) of the Act . If a safety management plan needs to be amended or replaced as a result of a review conducted under this section, the plan must be amended or replaced as soon as reasonably practicable after the review is completed. See also section 276A . In this section— notifiable incident , in relation to a road-based public passenger service, has the meaning given under the Work Health and Safety Act 2011 , section 35 . regulator see the Work Health and Safety Act 2011 , schedule 2 , part 1 . s 77K ins 2026 SL No. 4 s 23 (sec.77K-ssec.1) A comprehensive review of a safety management plan for a responsible duty holder must be conducted at least every 3 years from the day on which the plan takes effect. (sec.77K-ssec.2) However, a safety management plan for a responsible duty holder must be reviewed, to the extent necessary, at any time before the comprehensive review required under subsection (1) if— there has been, or will be, a material change in the provision of the road-based public passenger service provided by the responsible duty holder; or a new vehicle using different technology will be used to provide the road-based public passenger service for a responsible duty holder who is an operator of a relevant service—the operator has completed an incident report under section 18K (1) ; or a duty holder has reported a notifiable incident to the regulator under the Work Health and Safety Act 2011 , section 38 in relation to— a motor vehicle used to provide the road-based public passenger service; or the driver of, or a passenger in, a motor vehicle used to provide the road-based public passenger service; or a duty holder has reported, in writing, to the responsible duty holder a hazard arising from the work carried out by the responsible duty holder in providing the service and— the hazard is not identified and described in the responsible duty holder’s safety management plan; or the hazard is identified and described in the responsible duty holder’s safety management plan but the plan may not comply with section 67ZB (1) (b) to (d) of the Act in relation to the hazard; or a responsible duty holder otherwise becomes aware, or ought reasonably to be aware, the safety management plan may not comply with section 67ZB (1) of the Act . (sec.77K-ssec.3) If a safety management plan needs to be amended or replaced as a result of a review conducted under this section, the plan must be amended or replaced as soon as reasonably practicable after the review is completed. See also section 276A . (sec.77K-ssec.4) In this section— notifiable incident , in relation to a road-based public passenger service, has the meaning given under the Work Health and Safety Act 2011 , section 35 . regulator see the Work Health and Safety Act 2011 , schedule 2 , part 1 .