Legislation

TSV’s legislative objective and functions

The Safety Director is supported by staff employed by the Department who are made available to assist the Safety Director to perform that office’s statutory functions.

TSV’s primary objective is to seek the highest transport safety standards that are reasonably practicable, consistent with the transport system’s vision and objectives under the TIA.

This is achieved by:

• administering bus and maritime legislation
• licensing, registering and accrediting operators and other industry participants
• monitoring the transport industry’s and participants’ systems for managing safety risks
• monitoring compliance with transport safety legislation
• educating and taking enforcement action as appropriate to promote safety outcomes in Victoria.

Marine safety legislation

TSV administers the Marine Safety Act 2010, Marine Safety Regulations 2012 and Marine Safety (Fees) Regulations 2021 by:

• educating recreational boaters about how to operate safely
• issuing maritime certificates of local knowledge and harbour master and pilot licences
• registering recreational marine vessels and issuing marine licences
• registering sea pilotage service providers
• accrediting marine licence training providers
• regulating compliance with safety duties
• managing navigational aids, notices to mariners, boating safety signage, appointment and management of waterway managers and authorised officers, risk assessment of major events and compliance auditing of scheduled waterways
• setting standards in relation to navigational aids, dredging and maintenance of channels and general navigational safety
• researching, collecting and analysing maritime safety information
• promoting safety on Victoria’s waterways, including the use of penalties and other enforcement tools to address non-compliance
• collecting fees for commercial maritime qualifications including local knowledge certificates and pilot licences.

Vessel Operating and Zoning Rules

TSV approves general or specific operating and zoning rules for all waters in Victoria. The Vessel Operating and Zoning Rules contain the general and local rules in place for Victorian waterways. The rules are designed to provide a safe operating environment and reflect local conditions.

Bus safety legislation

TSV administers the Bus Safety Act 2009 (BSA) and Bus Safety Regulations 2020 (BSR) which provide for safe bus operations in Victoria. The BSA and BSR promote an improved safety culture across bus operations and apply to all commercial and noncommercial operations.

TSV administers the BSA and BSR by:

• permissioning bus operators
• auditing operators to ensure they are meeting their safety duties so far as is reasonably practicable
• undertaking targeted compliance and enforcement activities
• researching, collecting and analysing bus safety information.

Policy advice

Providing advice and recommendations to government, Ministers and interagency groups on transport safety legislation and proposing amendments to improve safety outcomes.

In addition, TSV also works to enhance its regulatory capability in its strategy, planning, research, IT, people and culture, governance, legal and business support functions working with, and supporting, the Bus and Maritime Safety teams.

Regulatory functions

To deliver on TSV’s safety, legislative and regulatory responsibilities, TSV undertakes its work within the following core regulatory functions:

• Permissioning: Licensing, registering and accrediting operators and other industry participants
• Education: Promoting awareness of and informing / educating on bus and maritime safety issues
• Compliance and enforcement: enforcing and ensuring compliance with transport safety legislation including, monitoring operators’ systems for managing safety risks, investigating any possible breaches and taking any appropriate action as required
• Regulatory capability: Strategy, planning, research, IT, people and culture, governance, legal and business support functions working with and supporting the regulatory modes.
• Policy advice: Providing advice and recommendations to government on transport safety legislation and proposing amendments to improve safety outcomes.

This information is included in Our Plan.

Read more: Our approach