Chapter 2Responsibilities for road use management strategies and programs#

Part 1Road use management strategies#

7Development of strategies#

The chief executive must, from time to time, develop for the Minister’s approval a road use management strategy designed to give effect to the transport coordination plan in accordance with this Act’s objectives.

In developing a road use management strategy, the chief executive must take reasonable steps to engage in public consultation.

The Minister may, at any time, direct the chief executive—

  • (a) to prepare a new road use management strategy for the Minister’s approval; or
  • (b) to amend a road use management strategy.

The Minister may—

  • (a) approve a road use management strategy submitted for approval; or
  • (b) require the chief executive to amend a road use management strategy submitted for approval.

8Contents of strategies#

A road use management strategy must include—

  • (a) a statement of the specific objectives to be achieved; and
  • (b) road use management initiatives; and
  • (c) criteria for deciding priorities for government spending on road use management initiatives; and
  • (d) appropriate performance indicators for deciding whether, and to what extent, the strategy’s objectives have been achieved.

A road use management strategy must aim to provide an adequate framework for coordinating and integrating road use management policies as between the different transport modes and levels of government.

A road use management strategy may also take into account agreements about transport between the State and the Commonwealth, a local government or another State.

If there is an integrated regional transport plan under the Transport Planning and Coordination Act 1994 for an area, a road use management strategy for the area must not be inconsistent with, and must give effect to, the plan.

9Tabling of strategies#

The Minister must table a copy of each road use management strategy, and each amendment of a road use management strategy, approved by the Minister in the Legislative Assembly within 5 sitting days after it is approved.

Part 2Road use implementation programs#

10Development of programs#

Before the start of each financial year, the chief executive must develop, for the Minister’s approval, a road use implementation program for the year and for 1 or more later years.

A road use implementation program must include— a statement of the policies, projects and financial provisions for implementing the road use management strategy; and a statement of the performance targets to be achieved.

  1. (3)A road use implementation program may include a proposal to spend an amount not directly related to road use, if the proposal would contribute to the effectiveness and efficiency of road use management.
  2. (4)In developing a road use implementation program, the chief executive must take reasonable steps to engage in public consultation.
  3. (5)A road use implementation program must be made available to the public in the way decided by the Minister.
  4. (6)The Minister may, at any time, direct the chief executive to amend a road use implementation program.
  5. (7)The Minister may—
  6. (a)approve a road use implementation program submitted for approval; or
  7. (b)require the chief executive to amend a road use implementation program submitted for approval.

11Consistency with strategies#

  1. (1)Subject to the Minister’s directions, a road use implementation program must be consistent with a road use management strategy.
  2. (2)If the Minister’s directions result in a road use implementation program being inconsistent with a road use management strategy, the Minister must table a copy of the directions in the Legislative Assembly within 5 sitting days after they are given.

12Report on operation of programs#

Each annual report of the department must include a report on the implementation of the road use implementation program during the year of the report.

Part 3Guidelines#

13Guidelines#

  1. (1)This section applies to the Minister and chief executive in developing and implementing policies about road use management, and in exercising powers under this Act.
  2. (2)The Minister and chief executive must endeavour to—
  3. (a)achieve an appropriate balance between safety, and the costs that regulation imposes on road users and the community; and
  4. (b)establish the benefits and costs of policy alternatives; and
  5. (c)take account of national and international benchmarks and best practice; and
  6. (d)promote efficiency, affordable quality and cost-effectiveness; and
  7. (e)ensure competition is not unjustifiably restricted; and
  8. (f)ensure accountability for, and transparency of, decisions affecting road use.
  9. (3)Each annual report of the department must include a report on how effect has been given to this section during the year of the report.

Part 4Objectives#

14Objectives#

  1. (1)The following objectives are, as far as practicable, to be applied by anyone wanting to encourage a high level of road user performance and compliance with this Act—
  2. (a)information about their obligations under this Act should be made available to road users;
  3. (b)voluntary compliance should be sought in preference to enforcement;
  4. (c)enforcement should be aimed primarily at deterring noncompliance by road users;
  5. (d)enforcement strategies should, accordingly, try to increase road users’ perceptions of the risk of being detected if they offend;
  6. (e)measures aimed at encouraging compliance should—
  7. (i)target the road users who are least likely to comply with this Act; and
  8. (ii)try to avoid imposing costs on the road users who are likely to comply voluntarily;
  9. (f)appropriate alternative compliance schemes should be used as a way of demonstrating compliance.
  10. (2)Preventing the continued commission of offences and imposing appropriate penalties should be seen as objectives that support the other objectives in subsection (1).
Source: TORUM Act 1995 · pages 27–31 Open PDF at this page Search this document