Bus Safety Act 2009 - Australia (Part 5, 6)

Part 5—Alcohol and drug management policy
56 Alcohol and drug management policy
S. 56(1) repealed by No. 30/2021 s. 6(1).
* * * * *


S. 56(2) amended by No. 30/2021 s. 6(2).
(2) An accredited bus operator must develop, maintain and implement an alcohol and drug management policy that—
(a) is developed in consultation with bus safety workers who are employees, or contractors, of the operator for the purposes of operating the bus service; and
(b) provides for the matters specified in section 57.
Penalty: In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
57 Form and content of alcohol and drug management policy
(1) An alcohol and drug management policy must—
(a) be in writing; and
(b) specify that a driver of a bus must not have alcohol or drugs present in his or her blood or breath immediately before, or while, driving a bus; and
(c) comply with any guidelines regarding the form and content of alcohol and drug management policies issued by the Safety Director.
S. 57(2) amended by No. 30/2021 s. 7.
(2) If an alcohol and drug management policy provides for testing of the presence of alcohol or drugs in the blood or breath of a bus safety worker employed or contracted by the accredited bus operator, the policy must—
(a) specify circumstances in which a bus safety worker may be tested for the presence of alcohol or drugs in his or her blood or breath;
(b) specify the testing procedures for detecting alcohol or drugs in a person's blood or breath;
(c) specify the persons who may conduct the tests;
(d) specify how and where the tests are to be stored, handled or destroyed;
(e) specify that a test for the presence of alcohol or drugs may not be conducted more frequently than—
(i) an hour before the bus safety worker is to carry out bus safety work or while the bus safety worker is carrying out bus safety work; or
(ii) if there is reasonable cause to test the bus safety worker at another time including—
(A) that the bus safety worker has been involved in an accident or incident;
(B) that there is reason to believe the bus safety worker is impaired by alcohol or drugs;
(C) that in the interests of safety, the bus safety worker ought to be tested;
(f) recognise the purpose of testing for presence of alcohol or drugs;
(g) specify measures to ensure that the results of any tests conducted pursuant to the policy are treated confidentially.
 
Part 6—Review of decisions
58 Review by VCAT
(1) A person may apply to VCAT for review of a decision by the Safety Director to—
S. 58(1)(a) substituted by No. 30/2021 s. 8(1)(a).
(a) refuse accreditation to an operator to operate a bus service, including refusal made by the Safety Director under section 25;
(b) impose a condition on the accreditation of an accredited bus operator;
(c) not vary the accreditation following a request for variation by the accredited bus operator;
(d) vary the accreditation of an accredited bus operator;
(e) suspend or cancel the accreditation of an accredited bus operator;
S. 58(1)(f) amended by No. 49/2011 s. 26(a).
(f) disqualify the operator from applying for accreditation;

S. 58(1)(g) inserted by No. 49/2011 s. 26(b), amended by No. 23/2013 s. 128(a), substituted by No. 30/2021 s. 8(1)(b).
(g) refuse to give, or revoke, permission under section 36 to use drivers who hold probationary driver licences to drive buses for an accredited bus service;


S. 58(1)(h) inserted by No. 23/2013 s. 128(b).
(h) refuse to grant an exemption;


S. 58(1)(i) inserted by No. 23/2013 s. 128(b).
(i) grant an exemption subject to conditions or restrictions;

S. 58(1)(j) inserted by No. 23/2013 s. 128(b).
(j) extend the relevant period of an application for—
(i) an exemption;
(ii) a variation of an exemption;
(iii) a variation of conditions of or restrictions on an exemption;
S. 58(1)(k) inserted by No. 23/2013 s. 128(b).
(k) refuse to vary conditions of or restrictions on an exemption;

S. 58(1)(l) inserted by No. 23/2013 s. 128(b).
(l) vary the conditions of or restrictions on an exemption;

S. 58(1)(m) inserted by No. 23/2013 s. 128(b).
(m) revoke or suspend an exemption.


(2) An application for review must be made within 28 days after the later of—
(a) the day on which the person is notified of the decision; or
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
S. 58(3) repealed by No. 30/2021 s. 8(2).
* * * * *