Coronial findings (decisions) 2015 - 2018

Response from StateGrowth  20 February 2020

Since the Coroner made her recommendations, the Department of State Growth has undertaken work to improve the safety of taxi users, including taxi drivers.  The Department recognises that taxis are an important mode of transportation and Tasmanians should be able to be confident that taxi services are reputable, safe, reliable and convenient.

Concurrently there has been significant change to the Tasmanian taxi industry which led to the Department commencing a review of the regulatory framework for the taxi and hire vehicle industries in 2016.  The review recognises that taxi industries across Australia and overseas are undergoing rapid change led by new service models.

The review is to ensure the sector and the community are well positioned to meet the challenges and seize the opportunities arising from new business models and emerging technologies relating to on-demand passenger transport.  A proposed framework for the industries is currently subject to external consultation with the intention that a new package of legislative reform will be considered by Parliament in the first half of this year.

The regulations which support the industries were rolled over in 2018, pending an outcome of the review.  These regulations have a sunset clause of three years (September 2021), with the view that a holistic review of the regulations, including those provisions relating to security cameras in taxis, would be done in line with the new framework.

In respect of the Coroner's recommendation relating to the review of the operation of taxi security systems, there has been significant change which has reduced the risk profile associated with non-compliant taxi-security camera systems.

1. The introduction of ride-sourcing platforms (in particular, Uber) has significantly changed the landscape of the taxi industry.  The personal safety mechanism to identify and confirm the identity of the driver and passenger using ride-source platforms is by way of technical validations built into the relevant 'app'.  The technical validations negate the need to install security camera systems into ride sourcing vehicles, as has been accepted by Australian regulators.  To remain competitive, the taxi industry is beginning to invest in technology by way of 'apps' to confirm the identity of taxi users and record travel details.
2. The new security camera system equipment which is now available in the market has far superior functionality than the functionality which existed at the time the Coroner made her recommendations. The functionality means that footage is stored for longer periods and captures wider images, and is increasingly becoming cloud-based.  As this technology emerges and superseded systems are replaced, the need to routinely test security camera systems and taxi camera images to be downloaded is set to diminish.
3. The compliance activity relating to the taxi regulatory framework undertaken by the Department is now much more effective.  This includes desk-top and on-road enforcement which can detect non-compliances to the taxi security camera systems' regulatory framework with the appropriate administrative or infringement action taken.

Tasmania remains a very small jurisdiction with minimal demand for the installation of taxi security camera systems.  From a practical and cost perspective it is unrealistic for Tasmanian to independently develop its own minimum specifications before a taxi camera system can be used in Tasmania.  The larger jurisdictions are in the preferred position to develop the minimum functionality.  The flow-on effect is that as new taxi camera systems enter Tasmania, the functionality will continue to improve.

With regard to the recommendation to requirement prepayment of fares for late night services, there has been significant discussion with the taxi industry on this subject.  The industry acknowledges that there is existing regulation which allows a driver to require a passenger to prepay the fare at any time of day.  However, industry representatives advise that drivers will not utilise this mechanism.  It is difficult to understand how a similar regulation limited to only certain hours of operation could give drivers confidence to require prepayment.

With the emergence of ride sourcing using apps, a significant portion of on-demand travel is now effectively prepaid as payment is managed electronically through the passenger account at the time of booking.  In responding to this new competitive force in the market, some taxi dispatch networks have opted to create similar apps for booking and payment.  Accordingly, the sector of the market which is likely to operate without electronic payment is the rank market.  However, in these instances, drivers continue to have the capacity to require the passenger to prepay before commencing the journey and regulations permit a driver to refuse a fare at the rank should they have concern for their safety or the safe operation of the taxi.

Updated response from StateGrowth 7 October 2022

Legislative reforms proposed affecting on-demand transport to which I referred to in my previous letter were passed by the parliament in November 2020.  Implementation is currently progressing.  Two tranches of the new legislation have commenced.  A third tranche is expected to commence in coming months.  Given the substantial changes to regulations that are required to align with the new provisions, the review of legislation intended to occur by September 2021 was deferred until September 2023.  That review has recently commenced.

The Transport Commission is currently finalising a review of specifications for taxi security camera systems with the aim of modernisng the requirements and aligning substantially with other Australian jurisdictions.  This is intended to result in new taxi security cameras having built in self-testing capability amount other features.  The key to implementing new specifications will be in establishing suitable transition arrangements including an appropriate period of time in which any older cameras must be replaced.  This will require careful consultation with industry given the current challenges in the operating environment and viability concerns.

Notwithstanding that this work is still underway, I would note that all cameras recently approved by the Transport Commission for the Tasmanian market are models that reflect the higher specifications in use in other jurisdictions.

Updated response provided by THS South 14 October 2022

DHHS and hospitals have reviewed.  High levels of medical suspicion of a drug cause for situation will result in samples being kept.

Response from Motors (Names redacted) 23 August 2019

1. TR was our Workshop Forman at Motors Launceston at the time of the incident.
2. What took place was rather informal at the time. Transport inspectors came in with various modules from the vehicle & asked as a favour if TR could pull diagnostic information from the air bag module
3. TR wired the modules up on the workbench for them & was able to pull codes, but was unable to provide meaningful information
4. They then took a statement from TR at their office
5. No formal process was used & no records were made/kept
6. TR felt he was simply doing the transport guys a favour.
7. TR resigned from Motors on 28^th February 2019.

Response received from Australian Competition & Consumer Commission (ACCC) 15 August 2019

The Australian Competition and Consumer Commission (ACCC) promotes competition and fair trading in markets to benefit consumers, businesses and the Australian community. Our primary responsibility is to ensure that individuals and businesses comply with the Competition and Consumer Act 2010 (the CCA) which includes the Australian Consumer Law (the ACL).

The focus of the ACCC’s product safety role is on the safe supply and use of consumer products – which are those products used or likely to be used for personal, domestic or household use. The ACCC monitors and investigates complaints about consumer products connected with accidents and injuries, administers voluntary recalls and mandatory injury reports submitted by suppliers and undertakes surveillance and monitoring to ensure compliance of regulated consumer products that are subject to safety standards, information standards and bans.

Trolley jacks, vehicle jacks, vehicle support stands and portable ramps are all subject to mandatory safety standards under the ACL. These standards were reviewed in 2017 to improve requirements for warning labelling and weight bearing performance. The ACCC regularly performs market surveillance and testing of these products to ensure their compliance with mandatory safety standards, administers voluntary recalls to retrieve unsafe or non-compliant products from users, promotes the voluntary recalls via social media and the Product Safety Australia website and communicates with consumers about safe ways to undertake vehicle maintenance.

In June 2019 the ACCC developed a media campaign about the safety risks of DIY vehicle repairs. The campaign included release of two videos to renew and promote safety messaging targeting people attempting DIY tasks on motor vehicles, a media release, social media campaign on Twitter and Facebook, digital advertising via YouTube, and a Product Safety Matters newsletter. Evaluation in July 2019 indicated that media coverage alone had a potential reach of 7.35 million people in the period 20-26 June

Response received from Marine and Safety Tasmania (MAST)  16 July 2019

• MAST TV with Dr David Smart, Boatwise articles, Facebook, work with Uni Dive Club

Response provided by Marine and Safety Tasmania (MAST)

• Servicing inflatables has also been a major part of MAST work over the 15 years. Including Boatsafe Education nights, numerous Boatwise articles, PR campaigns, Facebook, School programs, Inland anglers talks, MAST TV, Newspaper articles,  numerous TV interviews, newspaper articles, Boatsafe Partners; MAST currently instrumental into a review of the Australian Standard in relation to inflatable life jackets including but not limited to servicing inflatables and also addressing loose CO 2 cylinders
• Cold water immersion extensively covered in various Boatwise articles, inland lake and Boatsafe education nights, MAST TV , website, Boatsafe Partners, IFS, school education programs

Response received from PSB updated and received 21 December 2022

• The Department has undertaken consultation with health professional stakeholders with the aim to publish updated guidelines for the legal prescribing of Schedule 8 psychostimulants to children and adults in Tasmania. Further consultation and final publication of updated guidelines is planned for 2023.
• Since 2015, Departmental section 59E delegates have implemented and consistently applied a more rigorous approach to assessing applications to prescribe Schedule 8 psychostimulants for adults and children in Tasmania. This improved process includes:
  • Requests for urine drug screening and examination for stigmata of injecting drug use where indicated.
  • Assessment of Departmental records for both patients and carers to determine any source of risk including history of overdose, injecting drug use, unsanctioned drug use, or drug diversion.
  • Increased communication and collaboration with treating medical practitioners where high risk behaviours are identified, ensuring the medical practitioner is aware of identified risks and has conducted a risk benefit assessment regarding treatment with Schedule 8 psychostimulants and implemented appropriate mitigation and / or monitoring strategies.
• The Department has continued to engage with Tasmania Police where appropriate. If there are Departmental concerns of unlawful activity such as drug diversion or trafficking by a patient or known associate, Use and Disclosure provisions included in Schedule 1 of the Personal Information Protection Act 2004 are applicable and information can be shared between the Department and Tasmania Police in order to either prevent patient and/or public harm, or for the purposes of an investigation.

No response provided

Response received from Marine and Safety Tasmania (MAST)  16 July 2019

• Extensive campaigns into the legalities and benefits of wearing a life jacket, MAST TV , website, Boatwise education nights, School education programs, AGFEST displays, IFS open days, website, Boatsafe Partners
• First jurisdiction in the world to make life jackets compulsory on any vessel 6m and under

Response received from Australian Competition & Consumer Commission (ACCC)

The Australian Competition and Consumer Commission (ACCC) promotes competition and fair trading in markets to benefit consumers, businesses and the Australian community. Our primary responsibility is to ensure that individuals and businesses comply with the Competition and Consumer Act 2010 (the CCA) which includes the Australian Consumer Law (the ACL).

The focus of the ACCC’s product safety role is on the safe supply and use of consumer products – which are those products used or likely to be used for personal, domestic or household use. The ACCC monitors and investigates complaints about consumer products connected with accidents and injuries, administers voluntary recalls and mandatory injury reports submitted by suppliers and undertakes surveillance and monitoring to ensure compliance of regulated consumer products that are subject to safety standards, information standards and bans.

Trolley jacks, vehicle jacks, vehicle support stands and portable ramps are all subject to mandatory safety standards under the ACL. These standards were reviewed in 2017 to improve requirements for warning labelling and weight bearing performance. The ACCC regularly performs market surveillance and testing of these products to ensure their compliance with mandatory safety standards, administers voluntary recalls to retrieve unsafe or non-compliant products from users, promotes the voluntary recalls via social media and the Product Safety Australia website and communicates with consumers about safe ways to undertake vehicle maintenance.

In June 2019 the ACCC developed a media campaign about the safety risks of DIY vehicle repairs. The campaign included release of two videos to renew and promote safety messaging targeting people attempting DIY tasks on motor vehicles, a media release, social media campaign on Twitter and Facebook, digital advertising via YouTube, and a Product Safety Matters newsletter. Evaluation in July 2019 indicated that media coverage alone had a potential reach of 7.35 million people in the period 20-26 June

Response from Marine and Safety Tasmania (MAST)  16 July 2019

• Articles in Boatwise and on Facebook  regarding boat usage. Covered in Buoyancy programs in Boatsafe education nights and MAST TV
• Part of trip planning component in licence course and articles in Boatwise advising to tell people your destination and return. In safe boating handbook and part of Boatsafe Education nights, school education programs
• MAST weather service promoted over many years, articles in Boatwise, Website,- and Facebook regarding obtaining weather forecasts from BOM, always covered at Boatwise Education nights and MAST TV, school education programs
• Accessibility of safety gear covered at Boatsafe Education nights, Facebook and in Boatwise and at ramp checks, MAST TV, school education programs, Boatsafe Partners (working with retailers and marine businesses)
• Cold water immersion extensively covered in various Boatwise articles, inland lake and Boatsafe education nights, MAST TV , website, Boatsafe Partners, IFS, school education programs

No response received