NSW Point to Point Information Guide
Introduction
The Government Information (Public Access) Act 2009(GIPA Act) provides members of the public with a right of access to government information. The GIPA Act replaced the Freedom of Information Act 1989 (FOI).
Under the GIPA Act each NSW Government department and agency is required to publish an Agency Information Guide.
This Information Guide provides an overview of:
- our agency’s structure and functions
- the way in which our functions affect members of the public
- how members of the public can participate in policy formulation and provide feedback
- the kinds of information we hold, and
- information we make publicly available
NSW Point to Point Transport Commissioner
The Point to Point Transport Commissioner is an independent statutory office provided for by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
The Point to Point Transport Commissioner is supported in the exercise of his functions by staff employed in each of the specialist teams that make up the Commission.
The Point to Point TransportCommissioner is the regulator of the point to point transport industry in NSW and is responsible for ensuring that point to point transport services are conducted safely for passengers, drivers and the public. The Commissioner also has a role in consumer protection in enforcing the regulation of fares for customers.
The Point to Point Transport Commissioner authorises individuals, corporations or partnerships to provide either a booking or a taxi service or both. Applications for authorisation are vetted to ensure that they comply with the requirements of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 and the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017. The Commissioner is also responsible for determining applications for taxi licences by granting or refusing applications.
It is a function of the Point to Point Transport Commissioner to assist in the determination of the liability and payment of the passenger service levy by service providers. The Commissioner works with Revenue NSW which collects the levy. The passenger service levy has been imposed to help fund the NSW Government’s industry adjustment assistance package,designed to help taxi licence holders adjust to the industry changes. The total value of the financial assistance package is $905 million, which consists of $145 million already paid and a further $760 million to be paid in financial assistance. The industry adjustment assistance package itself is not administered by the Commissioner and any queries about it should be directed to Transport for NSW. The passenger service levy will remain in place until 31 December 2030, unless the full amount of the financial assistance funds is collected earlier.
The Point to Point Transport Commissioner’s authorised officers are responsible for ensuring that industry participants comply with the Act and Regulation. They do this by conducting safety audits of providers; by conducting on-street compliance activities and through enforcement action including where appropriate, prosecution. The Point to Point Transport Commissioner also has a role in advising the Minister on point to point transport services and in recommending safety standards for the industry.
Transport for NSW (TfNSW) is responsible for strategy, integration, coordination and improving the customer experience in relation to the point to point transport industry. More information on delivery of transport infrastructure and services in NSW is available in the TfNSW Information Guide.
Structure and functions
Coordination of GIPA functions in the Transport cluster
TfNSW’s Information Access Unit is responsible for centralised acknowledgement on behalf of, and referral of formal access applications to the following NSW Government agencies within the Transport cluster:
- TfNSW
- Point to Point Transport Commissioner
- Sydney Metro
- Sydney Trains
- NSW Trains
- Transport Asset Holding Agency (TAHE)
TfNSW is responsible for the acknowledgement and initial processing of formal access applications. Each Transport cluster agency remains responsible for making decisions regarding the release of information held by their organisation under the GIPA Act.
The TfNSW Information Guide provides more detail on access to information in the Transport cluster.
The Point to Point Transport Commissioner’s specialist teams provide support to the Commissioner under the following organisational structure:
- Operations – administration of the authorisation and licensing schemes, including the conduct of the public tender for licences; the imposition of sanctions; conduct of internal reviews of decisions to do with authorisations and taxi licencing; the collection of payments for authorisation applications and taxi licence fees and assessing the liability for the Passenger Service Levy.
- Compliance – delivers intelligence and analytics, on-street enforcement, investigation and audit functions, including responding to notifiable occurrences, complaints and allegations concerning point to point transport service providers and maintains a relationship with other relevant law enforcement agencies.
- Engagement & Education – delivers industry and community engagement, stakeholder relationship management, industry communications including social media, media relations, and training and educational material to assist in the compliance effort of the Commissioner.
- Business Management –providesfinancial management, corporate governance and reporting services to the Commissioner. The team is also responsible for business planning, budgeting, and oversees the procurement process within the Commission.
- Strategy and Policy–provides advice to the Commissioner on strategic issues and policy; and guides high level engagement and relationships with other government and private bodies. Produces operational policies and procedures to guide the work of Commission staff consistent with point to point transport law.
- Legal – provides legal advice to the Commissioner and legal services across the Commission in connection with the exercise of its functions, including conducting the Commissioner’s litigation and advising on enforcement matters.
The way our functions affect the members of the public
The Point to Point TransportCommissioner delivers regulatory oversight of point to point transport services in NSW, ensuring the safety of taxi, hire vehicle (including rideshare) drivers and customers. The Commissioner achieves this through delivery of the following functions:
- Administration of authorisation and licensing schemes
- Sanctions and driver eligibility
- Safety audits, on-street compliance activities and investigations
- Safety recommendations and other standards
- Administration of the passenger service levy
Public participation and feedback
As the regulator of the point to point transport industry in NSW the Point to Point TransportCommissioner overseas functions focused on the safety of point to point transport services. The Point to Point TransportCommissioner works closely with industry participants to achieve this important objective on behalf of the NSW public.
The Point to Point TransportCommissioner’s public website provides information about the Commission and its services including:
- Factsheets, video, policies and user guides
- Industry statistics
- News and events updates
- A portal for use by industry participants to administer their accounts and monitor drivers and vehicles against safety standards
- A safety complaints page.
The ‘making a safety complaint’ section provides advice on how members of the public can report safety concerns, incidents, and complaints. It provides the Industry Contact Centre Number (131 727) and an online feedback form for circumstances where members of the public are not satisfied by the response of the service provider to their complaint.
Complaints can also be made through a link on the Transport for NSW feedback, questions and complaints page https://transportnsw.info/contact-us/feedback/point-to-point-feedback
The Point to Point TransportCommissioner’s website contact page also provides the facility for members of the public to send online feedback directly to the Commission.
Type of Information held
The Point to Point TransportCommissioner holds a variety of information concerning operations and compliance actions, procedures and policies, along with data and other information relating to the management of point to point transport throughout NSW.
The Point to Point TransportCommissioner routinely collects information from industry service providers for administrative, planning and reporting purposes. The Point to Point TransportCommissioner also collects information from employees and partners in the course of operations.
The Point to Point TransportCommissioner is required to comply with the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) and the Health Records and Information Privacy Act 2002 (NSW) (HRIP Act) when dealing with the personal and health information of customers, employees and partners.
Information made publicly available
The following information is made publicly available on the Point to Point Transport Commissioner’s website:
- Information about the functions of the Point to Point TransportCommissioner and services provided by the Commission
- Information about point to point transport providers and booking service providers
- Information about the Passenger Service Levy
- Compliance information concerning Wheelchair Accessible Taxis (WAT)
- Information about standards and obligations for industry participants
- Resources for authorisation and licencing in the industry
- Statistical information concerning Point to Point transport industry performance and compliance
- Fact sheets and other resources for industry participants and the general public
- Media releases and industry news
- Operational policies and procedures
The following operational policies and procedures are published on the Point to Point TransportCommissioner’s website. Other policies and procedures may be added from time to time.
- Passenger Service Levy Assessment Procedure
- Passenger Service Levy Exemption or Rebate Policy
- Passenger Service Levy Compromise Assessment Policy
- Passenger Service Levy - Estimated Assessment Policy
- Failure to Register as a Taxpayer for the Passenger Service Levy Procedure
- WAT Licence Compliance Policy
- WAT Preferential Hiring Compliance Procedure
- Levy Liability on Surrender of Service Provider Authorisation Policy
- Determining Objections to Assessments of Levy Liability Procedure
- Compliance and Enforcement Policy
- ASP Risk and Assurance Framework Policy
- Commission’s Privacy Management Plan
Open access information is a category of information explained further below under ‘Information we must disclose’:
- The Point to Point Transport Commissioner Information Guide (this publication);
- The TfNSW Annual Report (incorporating the Point to Point Transport Commissioner);
- Covid 19 – Travel advice and information
- The Point to Point Transport Commissioner disclosure log of access applications
- Register of Point to Point Transport Commissioner Government Contracts (can be located on the e-Tendering website)
- The following information can be located on the Point to Point Transport Commissioner’s website:
- Point to Point Transport Commissioner Policies and Procedures
- The Point to Point Transport Commissioner’s Statement of Expectations
- Point to Point Transport Commissioner's Strategy on a page
- The Point to Point Transport Commissioner’s Annual Review.
For further information, please contact the Information Access Unit by phone on 02 9549 9904 or by email toinformation@transport.nsw.gov.au.
The Transport Open Data Policy is aligned to the NSW Government Open Data Policy and seeks to make appropriate government data available to industry and the community. Open data supports the open government principles of transparency, participation, collaboration and innovation. It augments the proactive release of information required under the GIPA Act.
TfNSW is committed to embedding open data principles at all levels of the cluster, as this can lead to faster, smarter, more responsive service delivery. It promotes the development of new businesses and industries that can make use of government data, facilitates data sharing between government agencies and enhances our own awareness, understanding and use of information.
Open Data principles are embedded across the Transport cluster by:
- Engaging with industry and the community to understand their needs for transport data
- Prioritising for release any high-value datasets, especially those identified through industry and community engagement
- Releasing data under open licence wherever possible
- Protecting data where required on the grounds of privacy, security, confidentiality legal privilege or public interest
The Point to Point Transport Commissioner supports the Transport Open Data Policy.
How to access information we hold
The GIPA Act provides members of the public with a right to access government information.
There are four ways that members of the public can access government information held by the Point to Point Transport Commissioner under the GIPA Act:
- Mandatory proactive release (Open Access Information)
- Authorised proactive release
- Informal release
- Access applications
The Point to Point Transport Commissioner makes Open Access Information publicly available on its website free of charge, including this publication (agency information guide), information about the Point to Point Transport Commissioner tabled in Parliament and information about the Commissioner which is incorporated in the TfNSW Annual Report and policy documents.
Information Proactively Released
The Point to Point Transport Commissioner is required to have a program for the proactive release of government information.
Proactive disclosure is the manner in which the Point to Point Transport Commissioner considers making information publicly available where appropriate. The proactive disclosure of information helps provide the public with greater access to government held information.
The Point to Point Transport Commissioner is a member of the Transport Cluster Proactive Disclosure Committee that meets regularly to consider and recommend information suitable for proactive disclosure. The Committee is chaired on a rotating basis by a senior Transport cluster executive in order to convey to staff the importance of proactive disclosure as part of day to day business.
Information proactively disclosed by the Point to Point Transport Commissioner is made available on this website.
If information sought is not available on the Point to Point Transport Commissioner website, members of the public can suggest that information be proactively disclosed (if held).
Please forward any suggestions to the Information Access Unit by email to information@transport.nsw.gov.au
Informal requests for Information
The Point to Point Transport Commissioner may attach conditions to the informal disclosure of information. For example, we may provide access on a view-only basis where the requested information is sensitive and should remain confidential, but is relevant to the person making the request.
Under the GIPA Act a right of review only applies for formal applications.
If you would like to make an informal request for information, please contact the Information Access Unit on (02) 9549 9904 or by email to information@transport.nsw.gov.au.
In some cases requests for information held by the Point to Point Transport Commissioner will need to be made through the formal access application process.
To make a formal application for information held by the Point to Point Transport Commissioner, an access application must:
- be in writing and addressed to the agency
- clearly indicate that it is a formal access application made under the GIPA Act
- provide a payment of $30 (by cheque or credit card)
- provide a postal address for correspondence in connection with an application
- include such information as is reasonably necessary to enable the government information applied for to be identified
If your application does not meet the above requirements, it will be invalid and the application will not be processed. However, in order to help you make a valid application, we will contact you to provide advice and assistance.
You may make an online application for information.
OR
You may send your application by post with a payment by cheque or money order to:
Information Access Unit
Transport for NSW
PO Box K659
Haymarket NSW 1240
If you would like to make an access application, please see How to apply and FAQs on our website.
Formal access application fees and charges
Apart from the $30 application fee, the GIPA Act allows the Point to Point Transport Commissioner to impose a charge of $30 per hour in order to process an application. The application fee counts towards the first hour of processing.
In processing a formal access application, the Point to Point Transport Commissioner is required to ensure that it is dealt with efficiently and provides access to information requested at the lowest reasonable cost.
A 50% discount in processing charges will apply if an applicant demonstrates they fall within any of the following categories:
- A member of the public suffering financial hardship
- Holders of a current Pensioner Concession Card
- Full-time students
- Non-profit organisations
- The information applied for is of special benefit to the public
Please note that the 50% discount applies only to processing charges and not to the $30 application fee.
If applying for your own personal information, the Point to Point Transport Commissioner cannot charge for the first 20 hours of processing.
For further information about fees and charges, please see the Fees and Charges section on our website, or contact the Information Access Unit on (02) 9549 9904 or by email to information@transport.nsw.gov.au.
Requests for personal information can also be made under the Privacy and Personal Information Protection Act 1998.
Information for which there is a specified cost
The Point to Point Transport Commissioner does not currently hold any information that falls within this category. If any information in this category becomes available in the future, the Point to Point Transport Commissioner will include a dedicated section on our website, which describes the type or types of information that can be requested and the cost for this information.
You have the right to request a review of certain decisions made by the Point to Point Transport Commissioner in response to a formal access application. For further information, please view the NSW Information and Privacy Commission’s publication ‘Your review rights under the GIPA Act’.
Contact us
For further information relating to the disclosure of government information held by the Point to Point Transport Commissioner, please contact the Information Access Unit as detailed below:
Post Information Access Unit
Transport for NSW
PO Box K659
Haymarket NSW 1240
Email information@transport.nsw.gov.au
Phone 02 9549 9904
For more information about the GIPA Act and your right to access information (including review rights) contact the NSW Information and Privacy Commission:
Post GPO Box 7011
Sydney NSW 2001
Email ipcinfo@ipc.nsw.gov.au
Phone 1800 472 679
Last Updated: June 2023