Personalised Transport Ombudsman Bill 2019
Plain English Summary
Overview
This bill creates a new independent Personalised Transport Ombudsman to investigate and help resolve complaints about taxis, ride-share and booked hire vehicle services in Queensland. It also updates transport legislation to support a new public transport ticketing system and makes various improvements to operator and driver accreditation requirements.
Who it affects
Passengers and drivers using personalised transport services (taxis, ride-share, booked hire vehicles) gain access to a new complaints body. Public transport users will benefit from expanded payment options under the new ticketing solution.
Personalised Transport Ombudsman
Establishes an independent Personalised Transport Ombudsman to receive and investigate complaints about personalised transport services. The ombudsman can require information and attendance, produce non-binding investigation reports, identify systemic industry issues, and refer suspected offences to transport authorities.
- New independent Personalised Transport Ombudsman created to handle complaints about taxis, ride-share and booked hire services
- Anyone can complain about any aspect of personalised transport, including vehicle cleanliness, safety or driver working conditions
- Complainants are protected from reprisal, with penalties of up to 75 penalty units for taking detrimental action against someone who complains
- Investigation reports are non-binding but can be referred to transport authorities for regulatory action
New public transport ticketing
Updates legislation to support Queensland's $371.1 million new ticketing solution, which will allow passengers to pay using contactless bank cards, smartphones and wearable devices alongside go cards. Fare evasion provisions are moved to regulations for flexibility.
- Fare evasion offences relocated from the Act to regulations to allow faster updates as ticketing technology changes
- Information sharing arrangements enabled to verify concession fare entitlements under the new system
- Unclaimed credit on dormant passenger accounts can continue to be used for public transport improvements
Transport operator and taxi reforms
Clarifies and improves enforceability of operator accreditation and driver authorisation requirements, with several changes specific to the taxi industry.
- Reduced penalties for operators and drivers holding the wrong category of accreditation or authorisation (down to 20 penalty units)
- Taxi licence holders can no longer self-request transfers between service areas
- Driving sanctions broadened to cover offences committed while driving taxis, booked hire vehicles or limousines
- CPI calculation period for the taxi industry security levy changed to better align with annual fee-setting
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Feb 2019View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the Personalised Transport Ombudsman Bill 2019, receiving nine submissions and holding public hearings with industry stakeholders including taxi operators, ride-share drivers, unions, and limousine operators. The committee recommended the bill be passed, while making seven additional recommendations addressing concerns about the ombudsman's independence, powers, funding, and transparency. The government supported or supported in principle six of the seven additional recommendations, but did not support granting the ombudsman the power to make binding decisions.
Key findings (5)
- Stakeholders broadly supported establishing a Personalised Transport Ombudsman but raised concerns about the office's limited powers to make binding decisions
- Industry groups including the Ride Share Drivers' Association and Queensland Taxi License Owner's Association argued the ombudsman would have no real power to compel parties to comply with outcomes
- The committee found the bill lacked sufficient transparency requirements and recommended the ombudsman be required to publicly report on systemic issues and complaint statistics
- Concerns were raised about the adequacy of proposed funding, with the government allocating approximately $5 million over three years and committing to a statutory review within that period
- The committee questioned whether the five-year industry exclusion period for ombudsman candidates was excessive, leading to a government amendment reducing it to three years
Recommendations (8)
- The committee recommends the Personalised Transport Ombudsman Bill 2019 be passed.
- The committee recommends the Minister for Transport and Main Roads consider amending the Bill to remove the time period a potential candidate has been absent from the industry and only exclude current industry participants.
- The committee recommends the Minister for Transport and Main Roads reconsider the Personalised Transport Ombudsman's ability to make binding decisions.
- The committee recommends the Minister for Transport and Main Roads clarifies in the second reading of the Bill whether representative bodies will be able to access the services of the Personalised Transport Ombudsman on behalf of their members.
- The committee recommends the Minister for Transport and Main Roads amend the Bill to include a requirement that the Personalised Transport Ombudsman publicly report on systemic issues and complaints statistics.
- The committee recommends the Minister for Transport and Main Roads reconsider the proposed funding arrangements to ensure that sufficient resources are made available for the Personalised Transport Ombudsman to undertake all aspects of the role efficiently and effectively.
- The committee recommends the Minister for Transport and Main Roads ensure that the Personalised Transport Ombudsman reports directly to the Minister.
- The committee recommends the Minister for Transport and Main Roads clarifies in the second reading of the Bill how allowing a regulation to prescribe matters that a court must take into account in considering a claim has sufficient regard not only to the institution of Parliament but also to the institution of the courts.
Committee report tabled
▸Second Reading22 Aug 2019View Hansard
That the bill be now read a second time
Vote on whether to advance the Personalised Transport Ombudsman Bill to the next stage, supported by ALP and Greens (48-42) against LNP, KAP, PHON and independents who argued the ombudsman lacked real enforcement powers.
The motion passed.
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Ayes (48)
Noes (42)
▸21 members spoke7 support14 oppose
As Minister for Transport, introduced and defended the bill establishing an independent ombudsman for the personalised transport industry, proposing amendments to reduce the industry exclusion period from five to three years and require annual public reporting.
“The Personalised Transport Ombudsman is founded on principles of independence, impartiality, integrity and the public interest, and no reading of the bill could come to any other conclusion.”— 2019-09-03View Hansard
As shadow transport minister, opposed the bill arguing the ombudsman would be a toothless tiger with limited powers, and that the LNP's proposed statutory personalised transport commissioner would be more effective.
“Given the many concerns that we have with the proposed bill, the LNP's position will be to oppose it. When it comes to formulating legislation there is a golden rule, which is around the fact that you do not legislate what you are not prepared to enforce.”— 2019-09-03View Hansard
As committee chair, supported the bill, noting it would be reviewed within three years and welcoming the minister's acceptance of committee recommendations on transparency and reporting.
“This model of PTO is not exactly what was recommended for the industry by the former public works and utilities committee that I chaired last parliament, but I hope the solution does work well.”— 2019-09-03View Hansard
Opposed the bill as a toothless tiger that cannot address the fundamental problems caused by rideshare disruption of the taxi industry.
“This bill is a waste of time. Based on feedback to the transport committee—it is a toothless tiger—it really does not do anything.”— 2019-09-03View Hansard
Supported the bill, welcoming the smart ticketing provisions, the ombudsman's role in addressing working conditions in the gig economy, and the minister's acceptance of committee recommendations.
“Any moves by the government to address concerns and to look after the working conditions of emerging industries are very important.”— 2019-09-03View Hansard
As a committee member, opposed the bill as a farce not supported by any submissions, citing criticism from the Taxi Council, Ride Share Drivers' Association and Transport Workers' Union.
“This bill is a farce and was not supported by any submissions made to the committee.”— 2019-09-03View Hansard
Supported the bill, highlighting the smart ticketing provisions and the positive impact of TransLink's introduction to Townsville public transport.
“People will be able to use mobile phones and smart watches to travel on those buses.”— 2019-09-03View Hansard
Opposed the bill as the result of Labor's failure to properly regulate the personalised transport industry, citing the Taxi Council's criticism of the ombudsman as a toothless tiger.
“In reality, the legislation before this House is the very essence of what I described earlier—that is, it is the result of a Labor government that has failed demonstrably to grasp the emergence of new technologies and new business models.”— 2019-09-03View Hansard
Supported the bill, particularly the smart ticketing provisions that will enable contactless payments and extend the same ticketing system to regional Queensland.
“The Palaszczuk government has invested $371 million to deliver the new smart ticketing solution.”— 2019-09-03View Hansard
Expressed extreme cynicism about the ombudsman's effectiveness based on the experience with rideshare companies breaking laws with impunity, seeing it as another costly layer of bureaucracy.
“I am very sceptical about where it will count in relation to the substantial issues that we are trying to address.”— 2019-09-03View Hansard
Supported the bill, particularly welcoming the smart ticketing solution for regional Queenslanders and the establishment of an independent ombudsman.
“Being able to use your debit or credit card will make travel so much easier.”— 2019-09-03View Hansard
Opposed the bill as window-dressing, noting that both the Taxi Council and Ride Share Drivers' Association agreed the ombudsman would lack real power to resolve complaints.
“If this ombudsman does not have any powers to solve anything, we have to ask ourselves why the government would spend money and spend this parliament's time debating a bill that has this outcome.”— 2019-09-03View Hansard
As a former transport minister, supported the bill as a logical next step in the regulatory framework, contrasting the government's proactive approach with the Newman government's inaction on rideshare.
“It is Queensland Labor that brought ride-booking services out of the shadows.”— 2019-09-03View Hansard
Opposed the bill as a token attempt with controlled scope and limitations, criticising the government's woeful record on fare evasion and the ombudsman's inability to investigate government policy.
“If this position is supposedly independent, why can it not investigate government policy? If it is bad policy and it affects taxpayers, why should it not be investigated?”— 2019-09-03View Hansard
Opposed the bill as creating a toothless tiger opposed by all major stakeholders, while acknowledging the smart ticketing provisions would benefit regional Queenslanders.
“Why are we proceeding with this bill when we have stakeholders, the industry itself, saying that this position will be a toothless tiger?”— 2019-09-03View Hansard
As former shadow transport minister, opposed the bill citing the LNP's preferred policy of a personalised transport commissioner as supported by the Taxi Council and other stakeholders.
“This bill sets up a toothless tiger that not one single stakeholder supports. It is very rare, but even the unions are opposing what is being proposed in this bill.”— 2019-09-03View Hansard
Raised concerns about the cost to regional Queensland taxpayers of funding an ombudsman for an industry dominated by companies that will not fund their own regulatory compliance.
“Is it fair that the people in regional and remote Queensland should be committing their hard-earned tax dollars when the likes of Uber and Lyft cannot be bothered to fund their own human resources and workplace health and safety functions?”— 2019-09-03View Hansard
Opposed the bill as a waste of money to establish a weak position, arguing the ombudsman would become a scapegoat for the government to shift blame to.
“It is clear from key stakeholders, and even from the committee report, that this bill has major flaws. It will end up being a waste of money to establish such a weak position as the Personalised Transport Ombudsman.”— 2019-09-03View Hansard
Opposed the bill, noting the extraordinary number of committee recommendations for such a simple bill and the catalogue of adverse stakeholder comments.
“The only outcome that this is likely to produce is more bureaucracy and higher costs for little if any gain.”— 2019-09-03View Hansard
Opposed the bill as falling short of the LNP's proposed personalised transport commissioner, noting that no stakeholder group supported the bill.
“This is clearly an embarrassing outcome for the Labor government. After nearly five years, it clearly still does not have a clue about the industry and the challenges it is facing.”— 2019-09-03View Hansard
Opposed the bill for creating an ombudsman in name only with no specified qualifications, limited scope, and no power to deliver solutions to systemic complaints.
“Basically, this legislation sets up an ombudsman that is really in name only. As we have heard earlier, it will be a 'toothless tiger'.”— 2019-09-03View Hansard
▸In Detail3 Sept 2019View Hansard
Amendment to clause 2 changing commencement provisions so the Personalised Transport Ombudsman provisions commence by proclamation rather than on assent, allowing time for recruitment of the ombudsman after the bill passes.
That the amendment be agreed to
Vote on Minister Bailey's amendment to clause 2 changing the commencement provisions so the Personalised Transport Ombudsman provisions commence by proclamation rather than on assent, allowing time for the ombudsman to be recruited.
The motion passed.
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Ayes (49)
Noes (41)
Amendments Nos 2 to 4: reducing the industry exclusion period for ombudsman candidates from five years to three years (clause 12), preventing the minister from re-referring matters already dealt with by the ombudsman (clause 21), and requiring annual public reporting on complaint numbers, investigation outcomes and systemic issues (new clause 95A).
That the minister’s amendments Nos 2 to 4, as circulated, be agreed to
The motion passed.
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Ayes (49)
Noes (41)
▸1 clause vote (all passed)
Vote on clause 1
Procedural vote on the first clause during Consideration in Detail, reflecting the same party-line split as the second reading vote (49-41).
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (49)
Noes (41)
▸1 procedural vote
Vote to grant leave
Mr Bleijie (LNP) sought leave to move a motion without notice after the bill passed. Labor used their numbers to deny leave (44-47).
Permission was refused.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (44)
Noes (47)
▸Third Reading3 Sept 2019View Hansard
That the long title of the bill be agreed to
Procedural vote to formally adopt the bill's long title following third reading, passed with government support (49-41).
The motion passed.