7.5Formalising and reviewing systems, supports and compliance requirements#

Transport and Main Roads uses a range of technologies to support temporary restrictions on a SCR due to unplanned events.

7.5.1Event Publishing System#

The Event Publishing System (EPS) is an internal and external application that provides for the management of temporary restrictions on a SCR for publication to QLDTraffic. It is Transport and Main Roads' current preferred management support system and provides for publication of traveller information to road users.

Temporary restrictions on SCRs are entered directly to the application, imported from STREAMS Incident Management System (SIMS) as a draft event entry, or imported from other approved third-party applications.41 Information may also be received via road condition reports from third parties.

Transport and Main Roads' Districts and Regions must ensure that all temporary restrictions on a SCR are captured and maintained up to point of the removal of temporary restriction on a SCR within the EPS as the department's preferred management support system. This can be via existing District arrangements, or through use of Traffic Management / Coordination Centres.

All users, whether entering (direct or imported from SIMS via a draft event entry or approved third party application), publishing or approving temporary restrictions of a SCR, must have access to EPS. Access is obtained via the usual departmental processes.

7.5.2In-field support technology#

In-field technology may be used to support temporary restrictions on SCRs, in particular, information gathering processes in connection with apply activities. For example, some applications offer evidence collection such as photographs (date and time stamped), SCR identifiers, SCR names, chainage, and global positioning system coordinates. It is strongly recommended that date and time-stamped photographs are captured using approved applications.

7.5.3Data and information quality#

The data and information created, captured, and used in connection with temporary restrictions on SCRs due to unplanned events is critical. It is important that the quality of data and information is maintained throughout the information lifecycle, as the data and information is used by a range of stakeholders across Transport and Main Roads for various purposes. Where errors in quality are identified they should be rectified as quickly as possible and the root cause noted, where possible.

7.5.4Information management#

Records, including handling and management of records, in connection with temporary restrictions on SCRs due to unplanned events, are subject to legislative, regulatory and Transport and Main Roads information management requirements. This may include, but not limited to:

1. 1.Public Records Act 2002 (Qld)
2. 2.Queensland Government Records Governance Policy
3. 3.Queensland Government General Retention and Disposal Schedules
4. 4.Transport and Main Roads Records Management Policy
5. 5.Transport and Main Roads Business Classification Scheme (TMR BCS), and/or
6. 6.Transport and Main Roads Sector Retention and Disposal Schedule (Queensland Disposal Authority Number (QDAN) 474: Version 5) (TMR QDAN474v5).

Records associated with temporary restrictions on a SCR due to unplanned events, are public records,42 and are to be managed in accordance with TMR BCS and TMR QDAN474v5. They typically fall within Road Network Management and should be retained for a period of five years following the last action. The types of records this may include, but are not limited to:

1. 1.declaration of temporary restrictions
2. 2.reports from local authorities on road conditions which may result in temporary restrictions, and
3. 3.approval to drive past restricted road use notice applications.

Transport and Main Roads uses a range of approved information and recordkeeping systems for records associated with temporary restrictions on SCRs due to unplanned events. Districts should ensure they have appropriate processes in place to identify and manage the records lifecycles within the various approved information systems for these activities; including ensuring legislative and regulatory compliance.

Districts should also remain cognisant of the fact that records associated with temporary restrictions on SCRs, due to unplanned events, may form part of other records and are subject to other business classification schemes and retention and disposal schedules (for example, situation reports (SITREP) within declared disaster or prosecution activities).

7.5.5Information privacy#

Activities in connection with temporary restrictions on SCRs due to unplanned events, require handling of personal information.43 The handling of personal information is subject to legislative, regulatory and Transport and Main Roads information privacy requirements. This may include, but is not limited to:

1. 1.Information Privacy Act 2009 (Qld), including the eleven Information Privacy Principles.44
2. 2.Human Rights Act 2019 (Qld), and
3. 3.Transport and Main Roads Information Privacy Plan.

Types of personal information handled throughout temporary restriction on a SCR due to an unplanned event cycle may include, but is not limited to:

1. 1.during access to a temporary restriction on a SCR, for example, approval to drive past a restricted road use notice. This may include the collection, use and disclosure of personal information, and
2. 2.during apply or remove a temporary restriction on a SCR, for example, via the identification and notification of need or likely need for temporary restriction via third party Contractor or Transport and Main Roads' legal delegate approving restriction. This may include the collection and use of personal information.

Where a suspected or actual breach of these requirements occurs, they should be reported to Line Managers and Transport and Main Roads Information Privacy team immediately.

7.5.6Human rights#

Transport and Main Roads personnel and its Contract holders undertaking acts or making decisions in connection with temporary restrictions on SCRs due to unplanned events, are considered a public entity under the Human Rights Act 2019 (Qld).45 A public entity, when undertaking an act or making a decision, must ensure compatibility with human rights and give proper consideration to those human rights when making a decision.46 This requires identifying the relevant human rights and considering whether the act or decision is compatible with the identified human rights.47 The act or decision will be compatible when it does not limit human rights or where they are limited, it is only to the extent that is both reasonable and justified.48 The limit will be reasonable and justified when it is authorised by law, has a proper purpose, is rationally connected to that proper purpose, is necessary and achieves a balance between the proper purpose and the importance of the human right.49 There are 23 human rights in total50 such as freedom of movement,51 and property rights.52

Types of decisions requiring consideration of human rights, may include, but is not limited to:

1. 1.apply or remove a temporary restriction on a SCR due to an unplanned event, and
2. 2.approval to drive past a restricted road use notice application.

A human rights capability assessment proforma is available at Appendix B to assist personnel undertaking a human rights assessment. Although a temporary restriction on a SCR may restrict the human right of freedom of movement, where a temporary restriction on a SCR is due to a safety requirement, a temporary restriction will be justifiable on the basis of protection of human life, itself a human right recognised by s 16 Human Rights Act 2019 (Qld). Where an act or decision is made that does not comply with human rights obligations, the act or decision is not considered invalid and no offence committed.53 However, where an individual alleges that their human rights have been breached by a public entity, they may file a complaint,54 and seek remedies.

7.5.7Communication#

Activities in connection with temporary restrictions on a SCR due to unplanned events, requires appropriate and robust communication protocols between Transport and Main Roads' personnel and stakeholders. Transport and Main Roads' Districts should ensure appropriate communication protocols are in place as part of:

1. 1.Contract management with Contractors such as RMPC or RAMC holders
2. 2.District Disruptive Event Coordinator arrangements
3. 3.Traffic Management / Coordination Centres, including the statewide Traffic Management Centre
4. 4.local communications staff, corporate communications staff, including media unit, and
5. 5.other arrangements such as those during a declared disaster, with the natural disaster program or during a crisis.55

Some communication protocols may have pre-existing directives in place which should be followed. However, where no existing arrangement is in place or a novel situation arises, it is important to have redundancy in place. This may include protocols associated with situation reports, traveller information, localised district enquiries, media, and internal reporting requirements.

7.5.8Cross-boundary State-controlled road management#

Temporary restrictions on a SCR due to unplanned events often requires cross-boundary management between neighbouring Transport and Main Roads' Districts and Regions. When applying, accessing, or removing temporary restrictions, it is appropriate for neighbouring departmental Districts and Regions to have management arrangements in place such as joint Standard Operating Procedure (SOP). The SOP may cover, but is not limited to, the following:

• relevant SCR details, including name, SCR identifier, chainage
• points of contact both operationally, legal delegate, communications, and other points of contact of importance to the Transport and Main Roads' Districts. It may also be appropriate to include afterhours points of contacts
• a position on restriction type and/or signage to be used to ensure consistency for road users
• a proposed layout of signage locations by type drafted by appropriately qualified personnel, and
• distribution points for the SOP such as operational, Transport and Main Roads' Legal Delegate, Traffic Management / Coordination Centres, including the statewide Traffic Management Centre.

Importantly, it is neither practical nor necessary for every SCR to have an SOP, rather, SCRs that are of significance due to being freight routes that carry substantial traffic, or those marked at the discretion of the Transport and Main Roads' District or Region should ideally have a SOP.

7.5.9Liability#