Queensland Numbered Acts Queensland Numbered ActsAfter chapter 6 —
insert—
67G Definition for ch 6A In this chapter—
"relevant transport legislation" means the following legislation—(a) this Act;(b) the Transport Operations (Road Use Management) Act 1995 ;(c) the Heavy Vehicle National Law (Queensland) ;(d) the Motor Accident Insurance Act 1994 .
67H Definitions for part In this part—
"fatigue" includes any of the following—(a) feeling sleepy;(b) feeling physically or mentally tired, weary or drowsy;(c) feeling exhausted or lacking energy;(d) behaving in a way consistent with paragraph (a), (b) or (c).
"personalised transport service licence" , for a road-based public passenger service, means any of the following licences—(a) a booked hire service licence;(b) a limousine licence;(c) a taxi service licence.
"registered operator" see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .
"safety duty" means a duty imposed under a provision of—(a) division 3, other than section 67P; or(b) division 4.
"safety law" means—(a) the Work Health and Safety Act 2011 ; or(b) the Heavy Vehicle National Law (Queensland) .
"safety risk" means a risk to the safety of persons or property, including the safety of—(a) the drivers of, and passengers in, motor vehicles; and(b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, roads and public places, including other road users; and(c) vehicles and anything in them.Examples of safety risks—• a driver operating a motor vehicle while fatigued• a driver operating a motor vehicle while under the influence of a drug or alcohol• the operation of a motor vehicle that does not comply with a requirement under the Transport Operations (Road Use Management) Act 1995 for a vehicle to have a certificate of inspection in effect
67I What is reasonably practicable in ensuring safety In this part,
"reasonably practicable" , in relation to a duty to ensure safety, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—(a) the likelihood of a safety risk, or damage to property, happening; and(b) the harm that could result from the risk or damage; and(c) what the person knows, or ought reasonably to know, about the risk or damage; and(d) what the person knows, or ought reasonably to know, about the ways of—(i) removing or minimising the risk; or(ii) preventing or minimising the damage; and(e) the availability and suitability of those ways; and(f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.
67J Duty holders for road-based public passenger service(1) Each of the following persons is a
"duty holder" for a road-based public passenger service—(a) an operator of the service;(b) a registered operator of a motor vehicle used to provide the service;(c) the driver of a motor vehicle used to provide the service;(d) a booking service provider for the service;(e) if the service is a personalised transport service—a holder of a personalised transport service licence for a motor vehicle used to provide the service;(f) if the service is a personalised transport service and an authorised booking entity who provides booking services for the service is a foreign person—the entity’s local nominee.(2) Also, a person who is contracted by a volunteer association that provides a public passenger service to drive a motor vehicle provided by the service is taken to be a
"duty holder" for a road-based public passenger service.(3) To remove any doubt, it is declared that a reference in this chapter to a duty holder for a road-based public passenger service does not include a reference to the State or an authorised person.
67K Relationship with other safety laws(1) If a provision of this part and a provision of another safety law deal with the same thing and it is possible to comply with both provisions, a person must comply with both provisions.(2) However, to the extent it is not possible for the person to comply with a provision of this part and a provision of another safety law dealing with the same thing, the person must comply with—(a) the provision of the other safety law; or(b) if, under the other safety law, the person is required to comply with a provision of another safety law—the provision of the other safety law.(3) Evidence of a contravention of this part is admissible in any proceeding for an offence against a provision of another safety law.(4) If an act, omission or circumstance constitutes an offence under this part and another safety law, the offender is not liable to be punished more than once for the act, omission or circumstance.
67L Principle of shared responsibility(1) The effect that activities associated with providing a road-based public passenger service have on safety is the shared responsibility of each duty holder for the service.(2) The level and nature of a person’s responsibility for an activity depends on—(a) the functions the person performs or is required to perform, whether exclusively or occasionally; and(b) the nature of the safety risks created by the carrying out of the activity; and(c) the person’s capacity to control, eliminate or minimise the risks.
67M Principles applying to duties(1) A person may have more than 1 duty because of the functions the person performs or is required to perform.(2) More than 1 person can concurrently have the same duty.(3) Each person must comply with the duty to the standard required under this part even if another person has the same duty.(4) If more than 1 person has a duty for the same matter, each person—(a) is responsible for the person’s duty in relation to the matter; and(b) must discharge the person’s duty to the extent to which the person—(i) has the capacity to influence and control the matter; or(ii) would have the capacity but for an agreement or arrangement purporting to limit or remove that capacity.(5) A person’s duty can not be transferred to another person.(6) Compliance with relevant transport legislation or a safety law is not, of itself, evidence that a person has discharged a duty under this part.
67N Primary duty of care generally(1) This section applies to each duty holder for a road-based public passenger service, other than a driver for the service.Note—See section 67O for the primary duty of care of a driver for a road-based public passenger service.(2) Each duty holder must ensure, so far as is reasonably practicable, the safety of the person’s activities, including business practices and making decisions, in providing the road-based public passenger service.(3) Without limiting subsection (2), each duty holder must—(a) eliminate safety risks or, to the extent it is not reasonably practicable to eliminate safety risks, minimise those risks; and(b) ensure the person’s conduct does not directly or indirectly encourage another person, including another duty holder for the service, to contravene a provision of relevant transport legislation relating to—(i) the provision of a road-based public passenger service; or(ii) a motor vehicle used to provide a road-based public passenger service.(4) In this section—
"business practices" means a person’s practices in running a business associated with providing a road-based public passenger service, including—(a) the operating policies and procedures of the business; and(b) the arrangements for preventing or minimising safety risks associated with the person’s practices.
67O Primary duty of care of driver A driver for a road-based public passenger service must, in providing the service—(a) take reasonable care for their own safety; and(b) ensure, so far as is reasonably practicable, that their activities do not adversely affect the safety of other persons, including, for example, by ensuring—(i) they do not drive while fatigued; and(ii) they appropriately secure wheelchairs into a vehicle in accordance with any relevant vehicle and equipment specifications; and(iii) they comply with relevant transport legislation.
67P Duty of executive officer of corporation(1) If a corporation has a safety duty under section 67N or division 4, an executive officer of the corporation must exercise due diligence to ensure the corporation complies with the duty.Penalty—Maximum penalty—the penalty under section 67V, 67W or 67X for an offence relating to a safety duty committed by an individual.(2) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) even if the corporation has not been proceeded against for, or convicted of, an offence relating to the duty.(3) In this section—
"due diligence" includes taking reasonable steps to—(a) acquire, and keep up to date, knowledge about the safe conduct of activities relating to providing a road-based public passenger service; and(b) gain an understanding of—(i) the nature of the corporation’s activities relating to providing a road-based public passenger service; and(ii) the hazards and safety risks associated with those activities; and(c) ensure the corporation has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and(d) ensure the corporation has, and implements, processes—(i) to eliminate or minimise those hazards and risks; and(ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and(iii) for complying with the corporation’s safety duty; and(e) verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, implemented and used.
67Q Duties of operators of road-based public passenger services(1) This section applies to an operator of a road-based public passenger service in carrying out an activity for providing the service.(2) Without limiting section 67N, the operator must, so far as is reasonably practicable, when carrying out the activity—(a) provide and maintain safe systems to identify and manage safety risks; and(b) monitor and review safety risks; and(c) ensure any motor vehicle used in providing the service is provided and maintained in a safe condition; and(d) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and(e) ensure any equipment or systems used in, or in connection with the operation of, a motor vehicle used in providing the service is fitted, operated and maintained in a safe condition; and(f) implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and(g) provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely.
67R Duties of registered operators of motor vehicles used to provide road-based public passenger services(1) This section applies to the registered operator of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.(2) Without limiting section 67N, the registered operator must, so far as is reasonably practicable, when carrying out the activity—(a) ensure the motor vehicle is provided and maintained in a safe condition; and(b) ensure any equipment or systems used in the motor vehicle are—(i) fitted, operated and maintained in a safe condition; and(ii) tested and examined.
67S Duties of drivers of motor vehicles used to provide road-based public passenger services(1) This section applies to a driver of a motor vehicle used to provide a road-based public passenger service in carrying out an activity for providing the service.(2) Without limiting section 67O, the driver must, so far as is reasonably practicable, when carrying out the activity—(a) comply with any reasonable instruction that is given by another duty holder to allow the other duty holder to comply with their duties under this part; and(b) comply with any reasonable requirement of a policy or procedure that applies to another duty holder to allow the other duty holder to comply with their duties under this part.
67T Duties of booking service providers(1) This section applies to a booking service provider for a road-based public passenger service in carrying out an activity for providing the service.(2) Without limiting section 67N, the booking service provider must, so far as is reasonably practicable, when carrying out the activity—(a) provide and maintain safe systems to identify and manage safety risks; and(b) monitor and review safety risks for the service; and(c) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service; and(d) provide sufficient information, training, and instruction to drivers and other persons involved in providing the service to enable them to provide the service safely; and(e) implement a process for monitoring drivers and other persons involved in providing the service to ensure they provide the service safely; and(f) implement a procedure by which drivers and other persons involved in providing the service are aware of safety equipment to be used in providing the service.
67U Duties of holders of personalised transport service licences(1) This section applies to the holder of a personalised transport service licence for a road-based public passenger service in carrying out an activity for providing the service.(2) Without limiting section 67N, the holder of the licence must, so far as is reasonably practicable, when carrying out the activity—(a) respond in a timely way to eliminate or minimise any identified safety risks; and(b) promote safety and adherence to their duties under this part to all employees, contractors, drivers and other persons involved in providing the service.
67V Reckless conduct—category 1(1) A person commits an offence if—(a) the person has a safety duty; and(b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual, or class of individuals, to a risk of death or serious injury or illness; and(c) the person is reckless to the risk.Penalty—Maximum penalty—(a) for an individual—3,000 penalty units or 5 years imprisonment; or(b) for a corporation—30,000 penalty units.(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.
67W Failure to comply with duty—category 2 A person commits an offence if—(a) the person has a safety duty; and(b) the person contravenes the duty; and(c) the person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.Penalty—Maximum penalty—(a) for an individual—1,500 penalty units; or(b) for a corporation—15,000 penalty units.
67X Failure to comply with duty—category 3 A person commits an offence if—(a) the person has a safety duty; and(b) the person contravenes the duty.Penalty—Maximum penalty—(a) for an individual—500 penalty units; or(b) for a corporation—5,000 penalty units.
67Y Regulation may impose other duties or requirements about fatigue management(1) A regulation may impose other duties or requirements on a duty holder for a road-based public passenger service about managing driver fatigue.(2) A regulation under subsection (1) may, for example, impose—(a) standards about time spent driving a motor vehicle; and(b) requirements about monitoring, recording and reporting about time spent driving a motor vehicle; and(c) requirements about using particular equipment or technology for managing fatigue; and(d) requirements for training drivers and other duty holders about managing driver fatigue.
67Z Definition for part In this part—
"responsible duty holder" , for a road-based public passenger service, means any of the following duty holders—(a) an operator of the service;(b) a booking service provider for the service;(c) a duty holder prescribed by regulation for this paragraph.
67ZA Meaning of safety management plan(1) A
"safety management plan" , for a responsible duty holder, is a document that sets out a plan for—(a) protecting the safety of persons who may be affected by activities carried out in the course of the provision of a road-based public passenger service; and(b) ensuring the responsible duty holder meets the obligations under the safety duties that are imposed on the duty holder under this chapter.(2) In this section—
"safety duty" see section 67H.
67ZB Requirements for safety management plans(1) A safety management plan for a responsible duty holder must—(a) identify and describe each hazard arising from the work carried out by the duty holder in providing the service; and(b) assess the safety risks that might arise because of exposure to a hazard mentioned in paragraph (a); and(c) outline the actions to be taken to eliminate the safety risks mentioned in paragraph (b), or, to the extent it is not reasonably practicable to eliminate the safety risks, minimise those risks; and(d) identify the person, or class of persons, responsible for taking the action mentioned in paragraph (c).(2) A safety management plan for a responsible duty holder must also comply with any requirements prescribed by regulation.(3) Without limiting subsection (2), a regulation may prescribe requirements about the following—(a) the form of a safety management plan;(b) the accessibility of a safety management plan;(c) the development or review of a safety management plan;(d) consultation for the development or review of a safety management plan;(e) the period for keeping a safety management plan;(f) compliance with a stated code.(4) In this section—
"safety risk" see section 67H.
67ZC Particular obligations about safety management plan(1) A responsible duty holder must have a safety management plan that complies with the requirements of section 67ZB.Penalty—Maximum penalty—(a) for an individual—100 penalty units; or(b) for a corporation—1,000 penalty units.(2) A responsible duty holder must ensure the duty holder’s safety management plan is implemented.Penalty—Maximum penalty—(a) for an individual—100 penalty units; or(b) for a corporation—1,000 penalty units.(3) Subsection (4) applies to each duty holder for a road-based public passenger service.(4) The duty holder must, so far as is reasonably practicable, comply with any safety management plan to the extent the safety management plan applies to that duty holder.Penalty—Maximum penalty—(a) for an individual—100 penalty units; or(b) for a corporation—1,000 penalty units.
67ZD Purpose of part The purpose of this part is to allow the chief executive or an authorised person to carry out an audit of a duty holder for a road-based public passenger service for either or both of the following purposes—(a) to assess the duty holder’s compliance with relevant transport legislation in relation to—(i) providing the service; or(ii) a motor vehicle used to provide the service;(b) to verify information given to the chief executive or the authorised person about the duty holder’s business activities in relation to providing the service.
67ZE Audit notice(1) The chief executive or an authorised person may give a duty holder for a road-based public passenger service a written notice (an
"audit notice" ) requiring the duty holder—(a) to allow the chief executive or authorised person to carry out an audit, within the period stated in the notice, of the duty holder’s business activities for a purpose mentioned in section 67ZD; and(b) to cooperate with every reasonable requirement of the chief executive or authorised person for carrying out the audit.(2) An audit notice must state the following—(a) the purpose of the audit;(b) the period during which the audit is to be carried out;(c) that a report of the audit will be given to the duty holder;(d) other matters prescribed by regulation.(3) The chief executive may give a duty holder an audit notice as frequently as the chief executive reasonably requires for a purpose mentioned in section 67ZD.
67ZF Failure to comply with audit notice A duty holder for a road-based public passenger service who is given an audit notice must comply with the notice unless the duty holder has a reasonable excuse.Penalty—Maximum penalty—160 penalty units.
67ZG Audit report(1) As soon as practicable after an audit is carried out, the chief executive must give a report about the audit to the duty holder for a road-based public passenger service whose business activities were audited.(2) An audit report must include the matters prescribed by regulation.
67ZH Direction to comply(1) This section applies if the chief executive or an authorised person is satisfied a duty holder for a road-based public passenger service has not complied with a provision of relevant transport legislation in relation to—(a) providing a road-based public passenger service; or(b) a motor vehicle used to provide a road-based public passenger service.(2) The chief executive or authorised person may give the duty holder a written direction to—(a) if the duty holder’s noncompliance exposes an individual to a risk of death or serious injury or illness—(i) immediately comply with the provision of relevant transport legislation; and(ii) take the action stated in the direction to remedy the noncompliance; or(b) otherwise—comply with the provision of relevant transport legislation within the period of not less than 5 business days stated in the direction.(3) A direction must—(a) identify the noncompliance; and(b) state that failure to comply with the direction, without a reasonable excuse, is an offence; and(c) state the direction does not relieve the duty holder from the obligation to comply with another provision of relevant transport legislation.(4) The chief executive may, by written notice, extend the period for complying with a provision of relevant transport legislation for a direction given under subsection (2)(b).(5) The duty holder to whom a direction is given under subsection (2) must not contravene the direction unless the duty holder has a reasonable excuse.Penalty—Maximum penalty—(a) for contravention of a direction mentioned in subsection (2)(a)—320 penalty units; or(b) otherwise—160 penalty units.