Wednesday, 15 October 2025

 Gabrielle WILLIAMS (Dandenong – Minister for Transport Infrastructure, Minister for Public and Active Transport) (10:41): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Transport Legislation Amendment Bill 2025:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this statement of compatibility with respect to the Transport Legislation Amendment Bill 2025.

In my opinion, the Transport Legislation Amendment Bill 2025 (the Bill), as introduced to the Legislative Assembly, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The purposes of the Bill are threefold.

The first is to amend the Bus Safety Act 2009 (Bus Safety Act) to repeal the offence of failing to sign a certificate of accreditation on receipt.

The second is to amend the Commercial Passenger Vehicle Industry Act 2017 (CPVI Act) to require booking service providers and drivers of commercial passenger vehicles who are, or have previously been, associated with a booking service provider to notify the regulator of certain information; to expand the public care objective; to repeal the offence of failing to sign a certificate of accreditation on receipt; to further provide for the circumstances in which the regulator may cancel a driver’s accreditation; to further provide for the regulator to publish certain information in relation to enforcement action the regulator has taken; and to impose penalties on drivers of commercial passenger vehicles who display false and misleading signage in relation to their association with a booking service provider. The Bill also further provides for the recording, access, use and disclosure of data recorded in commercial passenger vehicles.

The third is to amend the Transport (Compliance and Miscellaneous) Act 1983 (TCM Act) to facilitate new methods of obtaining or proving entitlement to use a public transport service; to apply evidentiary provisions to those new methods of obtaining or proving an entitlement to use a public transport service; and to provide for the prescribing of a computer system for the processing of concession entitlements.

The Bill makes other minor and technical amendments.

Human rights issues

The human rights protected by the Charter that are relevant to the Bill are:

• The right to recognition and equality before the law, under section 8 of the Charter;

• Freedom of movement, under section 12 of the Charter;

• The right to privacy and reputation, under section 13 of the Charter;

• Freedom of expression, under section 15 of the Charter;

• Property rights, under section 20 of the Charter;

• The right to a fair hearing, under section 24 of the Charter;

• The presumption of innocence, as protected under section 25(1) of the Charter;

For the reasons outlined below, in my opinion, the Bill is compatible with each of these rights.

Amendments to the CPVI Act

The human rights protected by the Charter that are relevant to the CPVI Act are:

Right to privacy (s. 13)

Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. Section 13(b) provides that a person has the right not to have their reputation unlawfully attacked.

The right includes the right of a person to have control over their personal information, and the freedom to participate in society without organisations collecting and sharing that personal information. Where information is collected, the right extends to providing a person with control over their information, including maintaining their right to determine ‘when, how, and to what extent’ to use or disclose that information.

The Charter Act’s informational privacy obligation is generally interpreted consistently with the obligations contained in the Privacy and Data Protection Act 2014.

The Bill introduces new provisions governing the collection, possession, disclosure and use of data obtained from security cameras and audio recording devices installed in commercial passenger vehicles. These measures engage the right to privacy as they involve the handling of personal and sensitive information of both drivers and passengers.

Clause 16 substitutes a new section 270 and 271 of the CPVI Act which make the following changes:

• Removal of the prohibition on the audio recording of any passenger of a commercial passenger vehicle, and grant of permission for use of recordings on security cameras or any audio recording devices that have been approved by the regulator and subject to the same legislative parameters as exist for image and data recordings;

• Streamlining of the process for obtaining authorisation to download, use and disclose data from approved security cameras in commercial passenger vehicles. The intention of the reform is that only “authorised persons” are permitted to download security camera data from a security camera or audio recording from an audio recording device installed in a commercial passenger vehicle and that the data or audio is only able to be used and disclosed for the purposes specified in the Act or prescribed in regulations.

• Repeal of references to written agreements with the regulator. In practice, no agreements in accordance with section 271 of the CPVI Act have been made to date.

• Provision that that these authorised persons can download, use and disclose security camera images, audio or other data if it is for an “authorised purpose”. It is proposed that an “authorised purpose” will be a combination of listed purposes and purposes prescribed in regulations.

• Requiring that all persons authorised to download, use or disclose security camera data must put safeguards in place to protect that data from unauthorised use or disclosure, specifically complying with standards to manage and protect security camera data which will be determined by the regulator.

Not all of the information required to be provided to the regulator under these provisions will be of a private nature, nor be information concerning a natural person – as opposed to information concerning a corporation to which the Charter does not apply. However, to the extent that the requirements under the Bill may result in an interference with a person’s privacy, any such interference will be lawful and not arbitrary. The provisions that require or permit the collection of information are clearly set out in the Bill and the CPVI Act already, and are directly related to the regulator’s regulatory and enforcement functions. Further, participants in a regulated industry have a reduced expectation of privacy.

Any interference with privacy under the Bill is lawful and not arbitrary. The measures pursue the legitimate purpose of protecting public safety, ensuring accountability within the commercial passenger vehicle industry, and preventing the misuse of private information. The Bill establishes strict limits on who may access such data and the purposes for which access is permitted, and introduces minimum standards for protection of data, thereby providing appropriate safeguards.

For these reasons, I am satisfied the Bill does not limit the right to privacy.

Property rights (s. 20)

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. This right is not limited where there is a law which authorises deprivation of property, and that law is adequately accessible, clear and certain, and sufficiently precise to enable a person to regulate their conduct.

Clause 11 of the Bill introduces a new “two strikes and you’re out” scheme for commercial passenger vehicle drivers who will lose their accreditation if found guilty of a specified offence on two separate occasions within a time span of 10 years.

Statutory rights, such as those arising from accreditation or any “licence” to participate in a regulated industry, are inherently subject to change and, for this reason, are less likely to be found to be proprietary rights. In these circumstances, I am of the opinion that the new provision for cancelling driver’s accreditation will not amount to a deprivation of property. Even if it did, it is clear that such a deprivation would be in accordance with law.

Accordingly, I am satisfied that any deprivation of property pursuant to these powers will be in accordance with law and, consequently, will not limit the right in section 20 of the Charter.

Freedom of Expression (s. 15)

Section 20 of the Charter establishes a number of rights relating to the freedom of expression. These include the right to hold an opinion without interference, and the right to seek, receive and impart information and ideas of all kinds whether within or outside of Victoria, and whether orally, in writing, in print, by way of art of in another medium.

Clause 15 of the Bill inserts a new offence of false and misleading signage on vehicles not associated with a booking service provider. A driver of a motor vehicle must not provide a commercial passenger vehicle service in a vehicle that displays signage associated with a booking service provider if the driver is not an associated driver for that booking service provider.

The prohibition on the use of false and misleading signage by drivers not associated with a booking service provider may be considered a restriction on expression. However, the restriction is narrow, proportionate, and directed at preventing consumer deception and ensuring public confidence in the commercial passenger vehicle industry. The restriction does not prevent drivers from expressing personal views or engaging in lawful advertising and is therefore a proportionate and reasonable limitation.

For these reasons, I am satisfied that the Bill is compatible with section 15 of the Charter.

Right to Equality (s. 8)

Section 8(2) of the Charter provides that every person has the right to enjoy their human rights without discrimination. Discrimination includes both direct and indirect discrimination on the basis of a protected attribute, such as disability.

The Bill amends the public care objective under the CPV Act to require that commercial passenger vehicle services be provided without discrimination or sexual harassment. This amendment positively advances the right to equality by reinforcing protections for passengers and drivers against harmful conduct. It supports broader anti-discrimination objectives under the Equal Opportunity Act 2010 and does not limit Charter rights.

For these reasons, I am satisfied that the Bill advances the aim of section 8 of the Charter.

Freedom of Movement (s. 12)

Section 12 of the Charter provides, amongst other things, that a person has a right to move freely within Victoria. The right to move freely includes freedom from procedural barriers in public spaces, as well as reporting obligations in relation to moving. It also includes the right to access facilities which are necessary for the enjoyment of freedom of movement, and a right to access services used by members of the public.

The Bill provides for the suspension or cancellation of driver accreditation and booking service provider registration in certain circumstances, including mandatory cancellation for repeated serious offences. While these measures may affect an individual’s capacity to work within the commercial passenger vehicle industry and thereby impact freedom of movement in an indirect sense, the limitations are reasonable and proportionate. They serve the important objective of ensuring the safety of passengers and the integrity of the industry and apply only in cases where conduct is inconsistent with regulatory standards or public expectations.

Fair Hearing (s. 24)

Section 24(1) of the Charter provides that a person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. The Charter right to a fair hearing is not limited to judicial proceedings and can include administrative proceedings. The fair hearing right encompasses the concept of procedural fairness, which includes the requirement that a party have a reasonable opportunity to put their case under conditions which do not place that party at a substantial disadvantage relative to their opponent.

The Bill maintains avenues for review of regulatory decisions, including through applications to the Victorian Civil and Administrative Tribunal. These provisions ensure that individuals affected by suspension, cancellation or disciplinary action have access to an independent and impartial tribunal, consistent with the right to a fair hearing.

Justification for Limitations

To the extent that the Bill imposes limitations on rights, those limitations are demonstrably justified under section 7(2) of the Charter. The nature of the rights affected is limited, the scope of the limitations is narrow, and the purpose of the limitations – being public safety, consumer protection, equality of service, and integrity of industry regulation – is of significant importance. The limitations are proportionate, rationally connected to their objectives, and are the least restrictive means reasonably available.

Amendments to the TCM Act

To support the analysis of why I consider that the amendments made by the Bill to the TCM Act are compatible with the Charter Act, it is helpful to briefly describe the difference between the current and new regulatory schemes for public transport ticketing and how they operate and apply the commentary to the human rights analysis below.

This is because the amendments are primarily made to enable the regulatory framework in that Act to apply to new forms of token and of obtaining an entitlement to travel. The Act is supported by regulations and Conditions determined under section 220D(1) of that Act.

The Bill also enables regulations to be made to prescribe a computer system or the requirements for the processing of concession entitlements.

Introduction of new forms of obtaining or proving an entitlement to use a public transport service

The amendments to the TCM Act facilitate the introduction of new forms of obtaining or proving an entitlement to use a public transport service, including the use of debit and credit card smartcards, and digital debit and credit cards stored in a digital payment application (app or digital wallet).

Clause 21 of the Bill inserts a definition of ticket into section 2(1) of the TCM Act. The amendment to the TCM Act provides that ticket means an entitlement to use a public transport service, which is a service provided by a bus company or a passenger transport company to transport members of the public, and includes any ancillary matters such as allowing entry to any place used in relation to the provision of such a service. This new definition will replace the current definition of ticket in the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 (the Ticketing Regulations).

Clause 22(d) of the Bill inserts definitions of token and State token into section 208 of the TCM Act. A token is a thing that may lawfully be used for the purpose of obtaining, or proving the existence of, a ticket. A token may be a State token, or may be prescribed, or approved by Ministerial notice published in the Government Gazette, to be a token.

A ticket is obtained from the use of a token which, if used in accordance with the Conditions made under section 220D of the TCM Act, will ensure that a person travels, or enters a compulsory ticket area, with a valid ticket. The Ticketing Regulations provide for offences, defences and related matters to support the regulatory scheme for public transport ticketing.

A State token is a token issued by or on behalf of the Head, Transport for Victoria (Head, tfv), the body corporate established under the Transport Integration Act 2010. Myki Smartcards, Mobile myki (which are digital myki) and V/Line paper tickets are each examples of State tokens. Myki Smartcards and Mobile myki operate in a closed electronic system where there is only one merchant (the Head, tfv).

Debit or credit card Smartcards, and digital debit or credit card digital cards, are tokens but are not State tokens. For example, when a debit or credit card that is a smartcard is used to purchase an entitlement to travel, the smartcard is the token for the purposes of the Act and the Ticketing Regulations, and the entitlement is the ticket.

The legislative framework which defines tokens and State tokens is important because it enables certain provisions under the Act and the Ticketing Regulations to be appropriately constrained. For example, the provisions which empower an authorised officer to require a token to be surrendered are limited to State tokens.

Prescribing a computer system for the processing of concession entitlements

Clause 27(d) of the Bill inserts new section 221AA(1)(ca) into the TCM Act, which enables regulations prescribing a computer system and the related processes for the purpose of collecting, managing, processing, summarising, storing and transmitting information relating to concession entitlements for public transport services to be made.

The Bill enables regulations to be made prescribing the process or requirements in relation to the validation of concession entitlements as improvements are made to Victoria’s public transport system.

Right to Equality (s. 8)

The Bill would facilitate ease of travel and access to Victoria’s public transport system by opening up new payment methods of obtaining a ticket (that is, an entitlement to travel and concessions].

In my opinion, for those reasons, the Bill promotes the right to equality.

Freedom of Movement (s. 12)

The provisions in the Bill promote freedom of movement by bringing a range of benefits to users of Victoria’s public transport network, including a wider choice of means with which to obtain an entitlement to travel, saving time and effort, and providing greater flexibility.

Freedom of Expression (s. 15)

The right to freedom of expression encompasses a freedom not to express (for example, to say nothing or to not provide information).

Clause 23 of the Bill amends section 220AA(c) of the TCM Act, which contains an offence to give information that is relevant or possibly relevant for the purposes of Division 4 of Part VII of the TCM Act which the person knows, or believes, to be false to any of specified classes of person who are performing a function under that Division. These include a person employed by a passenger transport company or a bus company who has duties in relation to the issue, inspection, scanning or collection of tickets and tokens for, or the operation of, a vehicle operated by the company.

While references to scanning and tokens are added to this provision, this does not change the effect of the offence but rather updates the description of what such an officer is engaged to do. As such, the amendment does not engage the right to the freedom of expression because the substantive offence is unchanged.

Similarly, section 220A of the TCM Act is amended by clause 24 of the Act so that, instead of providing that a person must not by fraudulent means, by false or misleading representation, or by other dishonesty obtain a ticket or other thing that can be used to prove an entitlement to use a public transport service, the provision instead applies to a ticket or State token. The reference to ‘other thing that can be used to prove an entitlement to use a public transport service’ is omitted, ensuring that the existing offence remains appropriately constrained.

Section 220B of the TCM Act is also amended, by clause 25 of the Bill. Section 220B(1) currently makes it an offence to counterfeit a ticket or other thing that can be used to prove an entitlement to use a public transport service. The amendment made by the Bill changes the offence to provide that a person must not counterfeit a State token. That also limits the application of the offence.

Section 220B(2) is also amended so that a person must not alter, or attempt to alter, a ticket or State token (rather than other thing that can be used to prove an entitlement to use a public transport service). The amendments ensure that the offence again remains appropriately constrained.

Section 220C, which is amended by clause 26 of the Bill, is amended with like effect so that a person must not claim or take the benefit of an exemption to pay for a ticket, or of a concessionary discount of such a payment, to which they are not entitled if they know that they are not entitled to that benefit. The Bill substitutes the phrase ‘an entitlement to use a public transport service’ with ‘a ticket’, ensuring that the offence remains appropriately limited in scope.

The amendments in the Bill insert a new regulation making power to prescribe a computer system and processes relating to concession entitlements. Any new regulations prescribing a computer system used for the processing of concession entitlements will likely require a person to provide proof of concession entitlement. However, a person can choose whether or not to submit an application for concession, or to authorise, or not authorise, another person or body (such as a health care provider) to do so.

For the reasons explained above, in my view the amendments do not impermissibly limit the right to the freedom of expression.

Right to privacy (s. 13)

The amendments in the Bill which amend the regulatory framework supporting the public transport ticketing system do not engage, or do not impermissibly limit, the right to privacy.

Physical and digital debit and credit card (contactless payment token) payments are recognised as separate cards in the banking system, even if they are associated with (and funds come out of) the same financial (cheque, savings or credit) account. In each case, card payment transactions are processed securely.

When used to obtain a ticket, each contactless payment token is also recorded electronically as a different token in the Head, tfv’s ticketing computer system. A unique identifier matches any subsequent use of that contactless payment token within the relevant travel period. Fares calculated after the use of the token within the relevant travel period are processed and settled through the Head, tfv’s ticketing computer system, which is linked to the banking payments system.

Whilst the existing myki computer system stores customer information (e.g., account balances) and has the computing power to process a transaction on a myki Smartcard or Mobile myki, this is not the same if a debit or credit card is used to obtain a ticket. Personal information associated with the debit or credit card is not transmitted to the Head, tfv’s ticketing computer system.

Although the ticketing computer system records tap or tap offs in order to calculate fares, these are connected to a unique identifier attached to the token being tapped on or tapped off. No personal information about a customer who uses a physical or digital debt or credit card is either obtained or recorded.

If a person wishes to ask Head, tfv for an adjustment if they consider that they have been charged the wrong amount of fare, for example by tapping on with more than one token, they must contact the Transport Victoria contact centre. This involves the provision of limited personal information but, if the customer wishes to ask for an adjustment, no less restrictive means of enabling Head, tfv to consider that request are available.

The Bill also enables regulatory amendments to be made to prescribe how concession entitlements will be collected, managed, processed, summarised, stored and transmitted in connection with the ticketing computer system. Any regulations made through this power will need to comply with the Charter.

In each case, a person can choose not to provide this information.

For the reasons explained above, in my opinion the right to privacy is not impermissibly limited.

Property rights (s. 20)

Clause 27 of the Bill amends section 221AA(1)(b) to provide that regulations can be made regulating the use of tokens, including specifying the circumstances in which a token, or anything that is claimed to be a token, is to be surrendered. This gives effect to the intent that a token that is not a State token, or a personal electronic device on which a State token is held, cannot be required to be surrendered. This ensures that the current constraints on apply appropriately to forms of token that are not State tokens. In my opinion, the right is protected by the amendments made by the Bill.

Fair hearing (s. 24) and presumption of innocence (protected under section 25(1)

The provisions engage both the right to a fair hearing under section 24 of the Charter, and the right to be presumed innocent under section 25 of the Charter. Both rights are engaged by evidentiary provisions in the Bill.

The right to a fair hearing is closely linked to the right to be presumed innocent. The section 25 right is engaged and limited by a provision that creates or amends an offence that contains a presumption of fact or law and puts the legal (persuasive) burden on the accused to rebut the presumption.

Clause 30 of the Bill amends evidentiary provisions in the TCM Act by substituting section 230AB and 203AC with new provisions. The provisions update existing provisions relating to the ability to give certificate evidence in relation to certain matters.

The existing provisions relate to the facts with respect to the use of smartcards. Smartcard is currently defined to mean a plastic card or other thing that contains an embedded computer microchip capable of receiving, storing, processing and transferring information, and which may lawfully be used for the purpose of obtaining or proving an entitlement to use a public transport service. This encompasses myki Smartcards and Mobile myki the use of handheld readers to copy or transfer information copied or transferred from that smartcard when the smartcard is produced for inspection. Clause 22(c) repeals the definition of smartcard.

Substituted sections 230AB and 203AC have essentially the same effect as the existing sections, but apply to tokens instead of smartcards (as currently defined).

For the purposes of substituted section 230AB, a fact relates to a token if it relates to –

(a) the token itself, including its type and identifying numbers (if any); or

(b) the holder of the token; or

(c) the manner of acquisition of the token (if relevant); or

(d) the existence, or possible existence, of an entitlement to use a public transport service; or

(e) the use of the token.

For the purposes of substituted section 230AC, a certificate may be issued by an authorised officer who used a hand held reader to read, scan, transfer, display, copy or store information from a token produced to the authorised officer for inspection certifying as to the information read, scanned, transferred, displayed, copied or stored from the token in relation to all or any of the following matters –

(a) the token number (if any);

(b) the token type;

(c) the name of the token holder (if applicable);

(d) the use of the token;

(e) the entitlement to use a public transport service.

That certificate is admissible in evidence in any proceedings relating to a ticket offence.

The certificate contains presumptive evidence, but is subject to section 230AF of the TCM Act.

Section 230AE of the TCM Act provides that if the informant in proceedings relating to a ticket offence serves on the accused, by the required time, a copy of a certificate referred to in section 230AC, the certificate is conclusive proof of certain matters including the facts and matters stated in the certificate, and that the facts that are the subject of the presumptions are to be taken to have been conclusively proved.

Section 230AF then provides that the accused in any proceedings relating to a ticket offence may give notice in writing to the informant not less than 28 days before the hearing, or any shorter period ordered by the court or agreed to by the informant, that they require the person giving a certificate referred to in section 230AD to be called as a witness; or that they intend to adduce evidence in rebuttal (in which case the notice must specify the evidence in rebuttal of any fact that is the subject of a presumption, or the fact or matter with which issue is taken, and indicate the nature of any expert evidence that the accused intends to have adduced at the hearing, as the case requires).

In that case, the certificate remains admissible as evidence but ceases to be conclusive proof of the facts or matters (as the case requires).

The changes to the provisions give effect to the use of tokens and, without the amendments, the ability to effectively enforce the requirement to have a valid ticket and conduct efficient and effective prosecutions, and to control fare evasion, will be undermined.

The organisational and administrative burden involved in providing offences would be extensive, even where no real challenge to the reliability of the technology, devices and ticketing computer system. Experts might be required to give highly technical evidence for each court case, and this would result in more cases, and an increased burden on the courts.

Clause 31 of the Bill also enables regulations to be made to prescribe associated processes by amending section 230AH of the TCM Act. These are linked to the evidentiary provisions and relate to the prescription of devices and processes. These are essentially machinery or mechanical in nature.

Noting the provisions in section 230AF, I consider that while this limits the right to a fair hearing, there are no less restrictive means available. I consider that these provisions are compatible with the Charter.

Conclusion

I am therefore of the view that the Bill is compatible with the Charter.

The Hon Gabrielle Williams MP

Minister for Transport Infrastructure

Minster for Public and Active Transport

 Gabrielle WILLIAMS (Dandenong – Minister for Transport Infrastructure, Minister for Public and Active Transport) (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

This Government is committed to delivering improvements that enhance safety and amenity to Victoria’s transport system. We recognise that Victorians do not just rely on trains, trams and buses to move throughout our beloved State. Commercial passenger vehicles also play a critical role in our community to get Victoria moving, forming an integral part of our transport network. This Bill will improve consumer confidence and safety in the commercial passenger vehicle industry. Amendments in the Bill will strengthen compliance and enforcement of commercial passenger vehicle industry laws by broadening the tools available to the regulator to deal with fare overcharging and other driver misconduct. The reforms also increase transparency in the industry by requiring relevant and accurate information in relation to industry participants to be made available to the industry regulator, Safe Transport Victoria, as well as the broader community. The package of reforms in the Bill will ensure the commercial passenger vehicle industry continue to deliver services to the community in line with Victoria’s expectation of a safe and efficient service.

This Government is also committed to improving the public transport ticketing system in Victoria. We know the Victorian community expects our public transport network to keep pace with technological advancements in ticketing. Victorians want to be able to use different methods – such as credit and debit cards – to pay for public transport services rather than always having to carry a myki smartcard. This Bill provides technical amendments that will support the introduction of alternate methods of paying for public transport to improve accessibility and convenience when using Victoria’s public transport system.

Commercial passenger vehicle industry reforms

In 2017, the Victorian Government introduced a series of reforms to the commercial passenger vehicle industry with the Commercial Passenger Vehicle Industry Act 2017. These reforms delivered more choice, safer services and improved customer service to Victorians. Both taxis and rideshare services now make up the commercial passenger vehicle industry, with the size of the industry progressively maturing over the past eight years to deliver more services to the Victorian community.

However, this Government recognises there are still areas for improvement. The Bill amends the Commercial Passenger Vehicle Industry Act 2017 to implement a package of reforms to the commercial passenger vehicle industry to strengthen compliance and enforcement of industry laws and improve industry transparency, while maintaining a competitive industry and supporting consumer choice.

The Bill reforms the recording, access, use and disclosure of security camera and audio data in commercial passenger vehicles. The reforms will support the monitoring of compliance with commercial passenger vehicle industry laws by creating a more efficient and effective security camera and audio recording framework for investigations of commercial passenger vehicle complaints and incidents.

The Bill will permit security cameras and approved recording devices installed in commercial passenger vehicles to record audio. Presently, audio recordings in commercial passenger vehicles are not permitted in any circumstance. This has placed limitations on what the regulator and Victoria Police can use as evidence when investigating an incident or complaint. Enabling recording of images in conjunction with audio establishes a more comprehensive picture of what has occurred in a commercial passenger vehicle. A verbal exchange or agreement between a driver and passenger can be key to determining the outcomes of certain incidents, such as fare overcharging. Enabling audio recording significantly enhances the tools available to the regulator and other law enforcement agencies for compliance, enforcement and investigative purposes.

Access to security camera and audio recording data will be streamlined under the Bill. In addition to the regulator, Victoria Police and booking service providers will have direct authority to access, use and disclose security camera and audio recording data for investigative purposes. A direct legislative authority will reduce administration burden and enable more rapid investigations of incidents. The Bill also enables other persons to be prescribed or specified by the regulator as an authorised person who can access, use and disclose security camera and audio recording data.

The direct access to security camera and audio recording data will be limited under the Bill. Persons authorised to access, use and disclose security camera and audio recording data may only do so if it is for an authorised purpose. The Bill will ensure that the regulator can access, use and disclose security camera and audio recording data to carry out their functions, including the investigation of an offence against commercial passenger vehicle laws. Victoria Police will be able to access, use and disclose security camera and audio recording data so that police officers can carry out police officer duties, such as investigating and prosecuting crime and road safety laws. Booking service providers will only be allowed to access security camera and audio recording data if the purpose is to assist the regulator or Victoria Police in carrying out their purposes. These measures are cognisant of the importance of providing for legislative constraints on the purposes by which images and audio are used. The Bill ensure that this type of data is only directly accessible for purposes that enable the regulator and Victoria Police to do their jobs.

However, this Government recognises that flexibility may be needed to access commercial passenger vehicle security camera images and audio recording data for purposes other than regulatory means. The Bill enables other purposes to be prescribed or specified by the regulator. This means over time, there is flexibility for the types of authorised purposes by which an authorised person may access, use and disclose security camera audio recording data to be expanded. An example of possible additional purposes for booking services providers could include access to security camera data to assist with training and managing complaints.

Even though the Bill provides for streamlined access to security camera data and audio recording data, strict safeguards will be put in place to ensure that security camera and audio recording data are protected from misuse. The Bill empowers the regulator to determine minimum standards in relation to the collection, possession, transmission, disclosure and destruction of security camera and audio recording data. All authorised persons will be required to comply with the minimum standards, except for public sector organisations who are already subject to privacy standards under the Privacy and Data Protection Act 2014.

Reforms to the recording, access, use and disclosure of security camera and audio data in commercial passenger vehicles will be supported by the introduction of a ‘two strikes and out’ system to further strengthen enforcement against driver misconduct. Safe Transport Victoria is currently required to cancel the accreditation of drivers that are found guilty of serious offences including sexual offences, terrorism offences and serious motor vehicle offences. The Bill requires Safe Transport Victoria to also cancel a driver’s accreditation if the driver is found guilty of specified offences on two separate occasions within a 10-year period. This means a driver found guilty of two fare overcharging offences under the Commercial Passenger Vehicle Industry Act 2017 will now face expulsion from the industry. The Bill also provides for other offences to be specified in regulations. This allows other serious offences relating to driver misconduct, such as failing to operate a taximeter as required or refusing an assistance animal, to be subject to the ‘two strikes and out’ system. This Government is sending a strong signal to the industry that fare overcharging and other specified driver misconduct will not be tolerated. However, a second chance will be given to drivers who do the wrong thing to correct their behaviour. Only drivers caught doing the wrong thing on more than one occasion are set to face expulsion from the industry.

Commercial passenger vehicle drivers will also be subject to a strengthened public care objective. The Bill clarifies the scope of the public care objective to ensure that services provided by drivers of commercial passenger vehicles are provided to passengers without discrimination, sexual harassment or other conduct that is inconsistent with community standards of acceptable conduct. The change makes clear that Safe Transport Victoria can take disciplinary action for such unacceptable conduct.

A number of reforms to improve transparency and information available to the regulator, Safety Transport Victoria and the broader community will further make improvement to the commercial passenger vehicle industry:

• The Bill requires drivers and booking service providers to notify Safe Transport Victoria of the booking service provider a driver is associated with and whether a driver is a small booking service provider. Greater transparency around driver association and booking services will enable the regulator to gather more comprehensive information on the structure and composition of the commercial passenger vehicle industry.

• The Bill introduces a new offence for drivers who use signage of a booking service provider if the driver is not associated with that booking service provider. Prohibiting false or misleading signage supports customer choice and will facilitate more accurate complaints and incident reporting.

• The Bill also requires that Safe Transport Victoria publish disciplinary actions taken against industry participants on their public register. This will facilitate transparency, act as a deterrent against non-compliance and mitigate the risk of industry participants continuing to behave contrary to the law.

The Bill also makes minor amendments in relation to driver accreditation paper certificates by repealing outdated offences applicable to persons who fail to sign a paper certificate of driver accreditation issued to them by Safe Transport Victoria.

Facilitating improvements to the public transport ticketing system

Over 450 million trips were made on Victoria’s public transport myki network in the past year, with each of these trips requiring passengers to touch on and touch off at a train station myki barrier gate or myki reader on trams and buses. The myki system is integral to keeping the community moving on Victoria’s vast public transport network.

We know the Victorian community wants a public transport system that can meet their changing needs. Victorians no longer want to have to carry a myki smartcard or digital myki to travel on public transport when they know other methods of payment, such as credit and debits cards, can be used to pay and travel on our trains, trams and buses. Victorians want convenience and flexibility. This Government is listening to what Victorians want.

The Bill will amend the Transport (Compliance and Miscellaneous) Act 1983 to support the option for passengers to use credit and debit cards in the place of myki cards when travelling on public transport in Victoria. To enable this change, the Bill will introduce new definitions, and amend existing definitions, relevant to public transport ticketing offences, defences, and evidentiary provisions.

When the legislation commences, passengers will continue to be able to use State-issued products, like myki smartcards, to travel on public transport. However, this legislation will open the way for passengers to have the choice: to use other physical and digital options – such as credit and debit cards – to validate their entitlement to use public transport services. This enhances convenience and improves access to the public transport network for all people that use our public transport system – whether they be Victorians or visitors from interstate and abroad.

The ticketing amendments in the Bill provide flexibility for Victoria’s ticketing system to progress, evolve and mature in the future. The legislative amendments provide for powers to make regulations and publish notices on matters related to the new types of entitlement to travel on public transport, as well as concession entitlements for public transport services, ensuring we are able to respond to the continuously changing landscape of ticketing technology. The Bill will also ensure evidentiary provisions apply to the new methods of obtaining or proving an entitlement to use public transport.

Although the ticketing changes are largely technical in nature, they are important changes that will assist in enhancing Victoria’s public transport ticketing system, making our vast public transport more convenient and accessible to the community.

Conclusion

This Bill represents the Victorian Government’s continued commitment to improving access to our transport network. The important commercial passenger vehicle reforms will enhance consumer confidence in this critical transport sector that is safe and reliable.

Similarly, updating our ticketing legislative framework enables the Government to make important changes to the State’s public transport ticketing system for Victorians and visitors alike.

I commend the Bill to the House.

 Sam GROTH (Nepean) (10:42): I move:

That the debate be now adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Wednesday 29 October.