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PUBLIC TRANSPORT AUTHORITY BILL 2003
Introduction and First Reading

Bill introduced, on motion by Ms A.J. MacTiernan (Minister for Planning and Infrastructure), and read a first time.

Second Reading

MS A.J. MacTIERNAN (Armadale - Minister for Planning and Infrastructure) [2.52 pm]: I move -
That the Bill be now read a second time.
The purpose of the Bill is to -
establish the Public Transport Authority as the state agency responsible for providing public passenger transport services throughout Western Australia - Western Australian Government Railways, Transperth and the school bus section of the Department for Planning and Infrastructure will be brought together into this consolidated passenger transit agency;
place with the authority responsibility for residual rail issues that fall outside the ambit of the Rail Freight System Act 2000; and

place with the authority responsibility for management of the rail freight corridor.

In our policy document entitled "getting transport back on track" Labor committed itself giving high priority to getting people back to using our public transport system. Without an adequate public transport network, cities and towns cannot operate efficiently, air quality becomes degraded and roads become congested. With this Bill we take another step toward a more integrated, effective and better used public transport system, for the benefit of the entire community, not simply those who use it. The considerable benefits of establishing the Public Transport Authority were identified in the Machinery of Government Taskforce's report "Government Structures for Better Results".
For the first time we will have a single organisation responsible for the delivery of public transport throughout Western Australia. This will not only provide greater operational efficiency and better coordination of the elements of the system but also produce an unprecedented focus for the advancement of public transport. It proves again our determination to encourage people out of their cars and onto public transport - an outcome that will reduce harmful emissions and improve mobility and liveability in our cities and towns. The Bill is also consistent with the changes to portfolio management that we foreshadowed before the election and that were confirmed by the Machinery of Government Taskforce.

Under these arrangements, it is the role of portfolio's service delivery agencies, like the Public Transport Authority, to plan and budget future service delivery, manage current and future demand effectively and report on performance. This complements the lead role of the Department for Planning and Infrastructure to achieve integrated and sustainable land, infrastructure and transport systems by independently advising the minister on policy, forward and annual plans and budgets of portfolio agencies, and coordination of service delivery and infrastructure works.

I turn to the more significant provisions of the Bill. Part 1 of the Bill deals mainly with formal issues such as commencement and definitions. Importantly, clause 4 ensures the primacy of the Rail Safety Act and Railways (Access) Act over this legislation.

Parts 2 and 3 create the Public Transport Authority of Western Australia and make provision for the employment of staff and other contractors. Given that the Department for Planning and Infrastructure has responsibility for integrated land and transport planning and the proposed funding arrangements for this new body, the authority will be governed by its chief executive officer and be an agent of the Crown.

The functions of the authority are set out in part 4 of the Bill, particularly the provision and operation of safe and reliable public transport services throughout Western Australia. These services will include metropolitan rail, bus and ferry passenger services; public transport services in regional centres; country bus and rail passenger services; and school bus services.

The Bill also empowers the authority to enter into commercial arrangements that will provide additional funds to ensure we can continue to build a first-class public transport system for all Western Australians. The Bill specifically provides that any commercial activity must be connected with and not have an adverse effect on its statutory functions, which include the provision and operation of safe and reliable public passenger transport services. In addition to its responsibilities under this legislation, the authority will also have statutory responsibilities under other statutes, including the Rail Freight System Act and the Rail Safety Act.

This part goes on to provide the authority with the necessary powers to enable it to perform its statutory functions under this or any other legislation. These powers will include the ability to deal with crown land by way of lease, licence or easement. However, the Bill specifically precludes the authority from disposing of any crown land or entering into arrangements for periods longer than 50 years. Ministerial approval will also be required before the authority can dispose of any land which it holds in freehold.

Part 5 of the Bill details the accountability and financial requirements to be met by the authority. These include the preparation of an annual operational plan setting out the authority's objectives, business and performance targets, resource allocation, functions to be performed, together with estimated income and expenditure for the next financial year. Once approved by the minister and the Treasurer, the authority will be required to perform its functions in accordance with that plan.

Since taking office, this Government has shown its commitment to provide public transport passengers with a comfortable and safe journey. Part 6 of this Bill will reinforce that commitment by providing specially trained employees of the authority with a number of enforcement options to deal with antisocial behaviour on our public transport system. These officers will be specially trained to minimise confrontation and defuse potentially volatile situations. However, as a last resort they will be empowered to apprehend and/or eject those who continue to display behaviour which threatens the safety or comfort of other passengers.

The remainder of the Bill puts in place the necessary transitional provisions for the establishment of the authority together with consequential amendments to a number of statutes to reflect the transfer of responsibility for the management of the State's rail infrastructure to the authority.

The Government will be moving a number of minor amendments during the consideration in detail stage to clarify provisions relating to powers of security officers on the public transport system. These are summarised as follows -

clause 57 relates only to the obtaining of a person's name, age and date of birth;
clause 60 relates to the search of a person taken into custody for the purpose of remove any articles in their possession that may result in harm to themselves or others;

authorised officers must be suitably trained before being empowered to exercise powers under clause 65; and

regulations to be made under clause 69(3) may only prohibit things that may pose a risk or nuisance to other passengers, staff or the property of the authority.

Again, this Bill shows this Government's commitment to the development of a first-class public transport system for the benefit of all Western Australians. I commend the Bill to the House.
Debate adjourned, on motion by Mr J.L. Bradshaw.