Hansard debates

Melissa HORNE (Williamstown – Minister for Ports and Freight, Minister for Roads and Road Safety, Minister for Health Infrastructure) (10:41): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

Overview

The Bill will deliver a range of legislative amendments to improve safety, achieve operational and administrative efficiencies, and improve the effectiveness of transport laws. The Bill achieves this by improving enforcement practices and requirements to improve road safety outcomes, addressing known safety risks to workers and reliability at commercial ports by regulating the providers of mooring services, improving the management of certain road infrastructure and making processes for the consent of works on roads more effective, making improvements to legislation that governs the operation of local ports, and a range of other legislative amendments to improve the efficiency and effectiveness of transport legislation.

Improved enforcement of road safety offences

The Government remains committed to improving road safety outcomes across Victoria. The road safety reforms in this Bill represent a continued focus on identifying areas where our road safety regulatory framework can be adjusted to improve enforcement and supporting processes to better detect those drivers that are doing the wrong thing and to provide a general deterrence.

The Bill amends various provisions and offences in the Road Safety Act 1986, to support their investigation and enforcement. Under the Road Safety Act 1986, it is an offence for a driver to fail to stop and render assistance after a traffic accident where someone is injured or property is damaged. These offences are commonly known as ‘hit and run’ offences. There are two categories of penalties for these offences. If a person is killed or seriously injured, the act of failing to stop and render assistance is an indictable offence with significant penalties including up to 10 years imprisonment. The second category of offences cover incidents that have resulted in minor injuries. These are summary offences and have lesser penalties. Summary offences also come with a 12-month period (after the incident) in which Victoria Police can commence proceedings. This limitation has been proven to be insufficient in some cases, because it takes time to investigate and identify who was driving the vehicle at the time of the alleged offence. This Bill will extend the time that Victoria Police have to bring a proceeding for this summary offence from 12 up to 24 months to increase the likelihood that the alleged offender can be identified, located and prosecuted.

We know that driving while impaired by alcohol or drugs is a major contributing factor to the road toll and to serious injuries in Victoria. Part 5 of the Road Safety Act 1986 contains alcohol and drug-related offences to reduce this risk. When detecting these offences in a range of circumstances a blood sample must be obtained, which can only be done by a registered medical practitioner, or an ‘approved health professional’ which includes nurses and other persons approved by the Victorian Institute of Forensic Medicine. This blood sample must be obtained within three hours of the person driving the vehicle. In practice, Victoria Police can in some circumstances find it difficult to conduct the necessary impairment assessment and find a registered medical practitioner or approved health professional to take the blood sample. The amendment in this Bill will allow for additional professionals to be prescribed as approved health professionals for the purposes of obtaining these blood samples, improving Victoria Police’s ability to detect drink and drug driving offences.

A range of other offences in the Road Safety Act 1986 also seek to reduce injuries and fatalities on Victoria’s roads. Some of these offences are detected by way of prescribed road safety cameras, and include speeding, red light, seatbelt and distracted driving offences. The range of offences detected via these cameras has expanded in recent years and sworn police officers

are required to issue infringements for these offences. This Bill will amend the Road Safety Act 1986 to allow for specifically authorised Victoria Police employees to be able to issue infringements for these offences, freeing up sworn police officers for other duties. Victoria Police employees would need to be authorised in writing by the Chief Commissioner of Police before they can issue these types of infringements.

Addressing safety and reliability risks for mooring in commercial ports

The Government is committed to addressing safety and improving reliability in Victoria’s commercial ports. Recently, port stakeholders have raised concerns about the safety of mooring services provided at Victoria’s commercial ports. Mooring, and unmooring, of vessels is an inherently high-risk activity where a vessel’s mooring lines come under high tension as a vessel is secured to berth and is performed at ports in an industrial-like environment and is subject to sudden and unpredictable changes in mooring line tension. These activities are currently unregulated under the Port Management Act 1995.

Mooring operations are vital to a port’s operations. Poor mooring practices have the potential to injure or kill personnel operating in the port and the potential to damage wharf infrastructure or vessels. Poor mooring practices can also increase the likelihood of a vessel breaking away and causing considerable damage, both to itself and to other vessels in the vicinity. In addition, inadequate mooring practices can serve as a critical vulnerability in a bustling port environment like the Port of Melbourne, and in the event of the mooring service being significantly compromised, shipping movements could stop, potentially closing the port. For these reasons, the Government is taking action to regulate mooring services to ensure that the providers of such services adhere to minimum standards and conduct their operations in a safe manner.

To manage these risks to personnel and to ensure port operations are run efficiently, the Bill will introduce both a licensing scheme for mooring services and new powers to make a determination setting standards and requirements for mooring services at commercial ports. The new regulatory requirements will be administered by Ports Victoria. The new scheme is substantially similar to the existing scheme that applies to towage services under the Port Management Act 1995.

Ports Victoria will have powers to make a mooring services determination to establish the different standards and requirements that will apply to the provision of mooring services in a prescribed commercial port. The determination is expected to include various requirements, standards and obligations related to the training of staff engaged or employed by the provider, the equipment, vehicles and vessels used by the provider, as well as procedures for the reporting of incidents and damage.

To provide a mooring service at any commercial port where a mooring service determination is in effect, a license will be required. Ports Victoria will be responsible for issuing mooring services licences, which are subject to conditions and are valid for a period of five years, unless suspended, cancelled, or surrendered. The licence will effectively certify that an applicant has sufficient knowledge, skills and expertise in relation to the provision of mooring services and directions by the harbour master, amongst other things, so that they can provide mooring services safely in commercial ports.

Increased flexibility for the management of road assets and improved processes for works on roads

The Road Management Act 2004 provides the statutory framework for the management of Victoria’s roads. This framework establishes a coordinated road management system for public roads, which includes the clear allocation of responsibilities between coordinating road authorities and responsible road authorities. Section 37 of the Road Management Act 2004 specifies which public body is the responsible road authority for road and its road infrastructure (e.g. roadway, pathway, structures forming part of roadway or pathway) and road-related infrastructure (e.g. traffic signs and streetlights). This Bill expands the regulation-making power in that section so that regulations will be able to specify the responsible road authority for particular types of road infrastructure (infrastructure that forms part of the roadway). This increased flexibility will allow for regulations to specify a different responsible road authority (other than the default authority under the Act) to address circumstances such as municipal road over rail bridges which by default are the responsibility of the relevant local council, but where ongoing maintenance responsibilities more appropriately sit with the Head, Transport for Victoria or VicTrack.

The Road Management Act 2004 requires that the approval of the coordinating road authority for a road must be obtained before works on that road can be undertaken, unless an exemption applies. The requirement to obtain consent is there to ensure that the works are conducted in a way that is safe, minimises traffic impacts, and doesn’t negatively impact the integrity of the road. There are recurring issues with applications for approval, including that many are submitted with insufficient information for the coordinating road authority to properly assess them. Further, some applications are receiving deemed consent, that is consent is automatically granted after the expiry of the relevant period which is between three and 20 business days after an application is submitted. Deemed consent, in some cases, is not appropriate particularly when the coordinating road authority doesn’t have enough information about the proposed works or how safety risks are to be managed.

This Bill will reform the consent for works process to limit who can apply for consent for works, so that only those entities with responsibility for the proposed works are able to apply. It will introduce a “stop the clock” mechanism to allow for the coordinating road authority to request additional information and to have sufficient time to assess the additional information once it is received. The Bill will remove the availability of deemed consent for higher risk applications. These include applications for works within freeways, and applications from entities that are not road authorities, providers of public transport, or utilities. The reforms in this Bill will also allow for regulations to specify what information must be included with an application, to ensure that it is clear to applicants what information a coordinating road authority must receive to make a timely and informed decision.

Continued improvements to the operation of local ports

The Bill increases the efficiency of local port operations to ensure these important environments are well maintained for future generations. Local port assets and infrastructure such as piers, jetties, navigation aids, vessel equipment and storage sheds all require regular inspection and maintenance. Under the Port Management Act 1995, local port managers may provide services to maintain and develop these types of assets outside their local port area. The Bill will clarify that they may also provide services within their own local port area to other bodies such as municipal councils. The Bill specifies that the types of services local port managers may provide include technical, advisory, maintenance and related services. These services will enable local port managers to better assist other bodies both within and outside the local port, who have responsibilities for marine assets and other infrastructure.

The cost of providing these services is also addressed in the Bill. The Bill will enable the Minister to permit a local port manager to charge a fee for the use of a facility or the provision of a service. The Minister may specify that fees be charged to recover costs, on a commercial basis, or calculated on another basis. While the Minister may permit commercial rates to be charged, this will not be mandated unless the Minister explicitly states fees must be set on a commercial basis. This means there will still be some flexibility for local port managers to exercise discretion to set different charges in different circumstances, for example, in emergency situations.

The Bill will also improve processes to remove abandoned vessels and other things from ports and waterways. Abandoned vessels and other items can cause environmental and safety risks in ports and negatively impact the aesthetic value of the area. The Bill will amend the Port Management Act 1995 to improve the processes related to the removal of abandoned vessels and other things. The Bill will clarify the steps a port manager must follow to determine a vessel or thing as abandoned. The Bill will also outline certain requirements to move an abandoned vessel or thing, and to identify, locate and notify the owner. These amendments will enable port managers to act more efficiently while providing greater consistency and transparency in the management of abandoned vessels and other things in ports. Similar changes will be made to the equivalent provisions in the Marine Safety Act 2010 with respect to the disposal of abandoned things by waterway managers.

The Bill also makes other minor amendments to the Port Management Act 1995 and the Marine Safety Act 2010 to improve the administration and operation of these Acts. The Bill will require the appointment of local port managers to be published in the Government Gazette. The Bill will also clarify liability for the actions of harbour masters when providing services to another port; clarify costs which may be retained and the order of priority of payment of any proceeds of sale of disposed vessels and things; and make other minor and technical amendments.

Improving the efficiency and effectiveness of transport legislation

This Bill also contains a range of amendments to improve the clarity, efficiency and effectiveness of transport legislation and to align Victorian transport legislation with broader objectives.

The Bill will clarify arrangements for responding to marine pollution incidents by amending the Marine (Drug, Alcohol and Pollution Control) Act 1988 to clarify that the Secretary, DTP’s functions in relation to marine pollution incidents is to take action to deal with marine pollution incidents where the pollution is from a maritime source, while supporting other agencies in responding to marine pollution incidents that result from inland sources. The Bill will also ensure that Victoria is not left to bear a higher cost of any pollution response resulting from the escape of oil from an oil tanker, by removing the outdated liability limit for such indents from the Marine (Drug, Alcohol and Pollution Control) Act 1988, and relying instead on the internationally agreed liability limit given effect under Commonwealth legislation.

The Bill reforms the current legislation that establishes the investigative powers of the Chief Investigator Transport Safety by consolidating those powers into the Transport (Safety Schemes Compliance and Enforcement) Act 2014 and repealing Part V of the Transport (Compliance and Miscellaneous) Act 1983. The Chief Investigator conducts an important public function of ‘no-blame’ investigations of transport incidents. The results and outcomes of investigations are an important input into public policy development relating to the safety of transport services and infrastructure. Accordingly, it is vital the Chief Investigator has clear and appropriate powers to conduct these investigations. The consolidation of the powers will improve clarity for the public and also deliver fixes to known deficiencies in the investigative powers of the Chief Investigator. Additionally, the Bill amends the Transport Integration Act 2010 to provide that the Freedom of Information Act 1982 does not apply to documents obtained by CITS in the course of investigations. Such a restriction is appropriate having regard to the nature of the investigations that the Chief Investigator conducts and the types of confidential information that the Chief Investigator is able to obtain using their powers.

The Bill contains other amendments to the Transport Integration Act 2010 to provide that the CEOs of Safe Transport Victoria, the V/Line Corporation, and the North East Link State Tolling Corporation can be employed on a full time or a part time basis, and to streamline consultation processes for short-term appointments for an acting CEO of the V/Line Corporation.

This Bill also contains a range of other minor and technical amendments, including statute law revisions.

I commend the Bill to the house.