Legislation establishing the PTDA
Legislation establishing the Public Transport Development Authority (trading as Public Transport Victoria or PTV).
Information on this page
- Overview
- Commencement of the Act
- Other stages of the commencement
- Regulations
- Implementation of policy
- Effect on existing agencies
- PTV charter
- System-wide planning
- Other DOT functions
- PTV board
- Parts of the PTDA Act
- Timing
- Further information
Overview
The Transport Legislation Amendment (Public Transport Development Authority) Act 2011 ("the PTDA Act") established the new Public Transport Development Authority (trading as Public Transport Victoria or PTV). The PTDA Act amends the Transport Integration Act 2010 to create the new agency and to set its composition, charter and powers.
This is the biggest change to the governance of public transport in Victoria since the abolition of the Public Transport Corporation and the franchising of public transport services under the Kennett Government in the late 1990s.
Commencement of the Act
The legislation became an Act on 15 November 2011, with the first stage changes commencing on 15 December 2011.
The PTDA Act is being commenced in stages to enable the establishment of the PTV and to provide for the orderly transition to the PTV from existing agencies.
Stage 1
Stage 1 formally established the PTV as an entity on 15 December 2011. It also conferred it with a statutory charter including an object, functions, general powers and management arrangements.
Stage 2
On 27 March 2012, the Governor in Council proclaimed the second stage of the PTDA Act. Second stage commencement enabled the PTV to assume formally the majority of the functions and powers of the Director of Public Transport on 2 April 2012 as scheduled.
[The Transport Legislation Amendment (PTDA) Act 2012 Proclamation of Commencement can be found on the Victorian Goverment Gazette website by searching for S101.]
Allocation statements were executed by the Minister and relevant parties to reflect this second stage commencement. These allocation statements became effective on 2 April 2012. They formally transferred staff, contracts and property and other assets to the PTV from the Director of Public Transport, the Secretary of DOT, Metlink and the Transport Ticketing Authority (where applicable).
[The Transport Integration Act – Allocation Statements – DPT to PTDA can be found on the Victorian Goverment Gazette website by searching for S102.]
Most importantly, as a result of these allocation statements and the second stage commencement, as of 2 April 2012, the PTV became responsible for the operation and management of the public transport system, including the administration of contracts with the metropolitan train and tram franchisees, V/Line and bus operators.
Other stages of commencement
It is expected that there will be further stages of commencement of the PTDA Act later in the year. The further stages will formally abolish the office of the Director of Public Transport and provide for the abolition of the TTA (abolition of the TTA will occur only once myki has been fully implemented).
Regulations
Two sets of regulations were also made by the Governor in Council to support the second stage of commencement. These regulations also commenced on 2 April 2012.
The regulations are the:
- Transport Integration (Public Transport Development Authority) (Transition Facilitation) Regulations 2012
- Transport (Conduct), (Passenger Vehicles) and (Ticketing) Amendment (Public Transport Development Authority) Regulations 2012
The regulations are largely technical and transitional (e.g. substitution of the name of the PTV for the Director in certain areas of the existing regulations).
Implementation of policy
The PTDA Act delivers on the government’s election policy by establishing the PTV to:
- deliver more customer focused public transport services by planning, coordinating and managing Victoria’s public transport system
- administer the arrangements for the provision of metropolitan trams, buses and trains and regional trains and buses
- operate as the face of public transport
- improve the public transport service experience and create a public transport shopfront for passengers and stakeholders.
The PTV is established in the same part of the Transport Integration Act as VicRoads to reflect the key transport system roles of these agencies.
Effect on existing agencies
The PTDA Act establishes the PTV as a single statutory authority to administer trams, buses and trains in place of:
- the Director of Public Transport
- Metlink (which is owned by the operators)
- the Transport Ticketing Authority (TTA), once decisions on the new ticketing system have been implemented.
The Director of Public Transport, the TTA and Metlink will be abolished or dissolved once the PTV has taken on these functions.
PTV charter
The charter (object, functions and powers) of the PTV under the amended Transport Integration Act reflects an emphasis on service improvement and delivers on the government's election policy commitments in areas such as:
- coordination of public transport modes
- acting on service improvement proposals
- audit and reporting on public transport assets
- facilitating the extension of the public transport network, especially rail
- actively promoting public transport as an alternative to the car.
System-wide planning
The PTDA Act also changed the Department of Transport’s charter to require DOT to provide a planning framework for the transport system as a whole. The PTV and all other portfolio agencies operate under this framework.
This new DOT planning framework is reflected in revisions to the transport planning section of the Transport Integration Act. The revisions also repeal references to the former Government's Victorian Transport Plan.
Other DOT functions
The functions of DOT generally are set out in section 33 of the Transport Integration Act. The functions emphasises DOT’s portfolio leadership and coordination role in respect of:
- strategic policy and advice
- regulatory policy and legislation
- development of strategies, plans, standards, programs and projects
- corporate planning and budgets
- intergovernmental relations.
PTV board
The PTV board is accountable directly to the Minister and comprises three to seven members, including:
- an independent Chair appointed by the Minister, and
- independent directors appointed by the Minister, including a community representative.
The PTDA Act enables the Chair to also be the Chief Executive Officer (CEO) until 12 months after the abolition of the Director of Public Transport. Ian Dobbs has taken up these roles.
Parts of the PTDA Act
The Act is structured as follows:
- Part 1 of the Act sets out the purpose and the commencement provisions.
- Part 2 provides for the establishment of the PTDA (or PTV) as a body corporate representing the Crown under the Transport Integration Act. This Part sets out the governance, object, functions and powers.
- Part 3 of the Act provides for the transfer of staff, assets, liabilities, rights and other interests from the Director of Public Transport, Metlink, the TTA and others to the PTV and other agencies.
- Part 4 sets out related and consequential amendments to the Transport Integration Act and other Acts.
- Part 5 provides for the abolition of the Director of Public Transport and the dissolution of the TTA.
Timing
The PTDA Act provides that everything except provisions relating to the abolition of the Director of Public Transport and the TTA commence on or before 1 July 2012.
Further information
For further information on the PTDA Act, email Ian Shepherd or call (03) 9655 1701
Read the Minister's second reading speech.