Report on the Review of the NSW Photo Card Act 2005

This is a report on a review of the Photo Card Act 2005 (the Act) pursuant to section 39 of the Act. The Act, authorising the Roads and Maritime Services (RMS) (formerly known as Roads and Traffic Authority) to introduce a voluntary photo card for NSW residents over the age of 16 who do not hold a driver licence, received assent on 18 May 2005.

Section 39 of the Act requires the Minister to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. The Minister is to report to Parliament within 12 months following a period of five years from the date of assent.

A discussion paper on the Review of the Photo Card Act 2005 was published on RMS website for public comments. Ten submissions were received during the public consultation. They confirmed that the Photo Card scheme meets the community’s needs, the Act is working well and the continued existence of the Act is essential. Amendment to sections 18(1)(c) and 19(1)(c) is required to update references to the Crimes Act 1900.

Two other amendments are also recommended to restrict the power of delegation under section 31(1) and the definition of ‘authorised officer’ at section 3(1). These amendments will ensure that any future engagement of private sector under the Act will need appropriate Government approval. Regulatory amendments are also proposed to include a specific provision to cover the issue of replacement Photo Cards. The proposed amendments are consistent with the main objectives of the Act.

The report includes recommendations relevant to the Act. The Transport for NSW will respond separately to organisations and persons who have provided comments and suggestions that are outside the scope of this review.