Safety duties for road-based public passenger services

New safety management framework for all road-based public passenger services

20 February 2026—The new framework starts. Existing industry service providers who continue to comply with existing framework will have 6 months to transition. New service providers must comply straight away.

20 August 2026—All industry service providers must comply, and safety management plans are mandatory.

This page explains the changes that will begin with the new framework. Learn more about the new safety management framework.

Safety duties are responsibilities for people who can influence the safety of a road-based public passenger service, such as those provided by buses (light and heavy), taxis and booked hire vehicles, and other vehicles used to provide public passenger services. These people, called duty holders, must do what is reasonably practicable to remove or reduce safety risks in the services they provide.

These safety duties do not apply to light rail vehicles. They also do not apply to services provided by volunteer associations by their volunteers, who do not have duties under the Work Health and Safety Act 2011 (WHS Act).

What does 'reasonably practicable' mean

Reasonably practicable means doing what can reasonably be done at a given time to meet a duty, considering all factors, such as:

  • how likely it is that a safety risk or property damage could occur
  • the potential harm or damage that could result
  • what you know, or should reasonably know, about the risk or damage
  • what you know, or should reasonably know, about ways to
    • remove or reduce the risk
      or
    • prevent or minimise the damage
  • whether those methods are available and suitable
  • the cost of those methods, including whether the cost is excessive compared to the likelihood of the risk or damage.

Duty holders

Duty holders must do what is reasonably practicable to remove or reduce safety risks in the services they provide.

The following people are duty holders if they are involved in providing a road-based public passenger service:

  • an operator of the service (including operators who are exempt from holding operator accreditation)
  • a registered operator of a motor vehicle used to provide the service
  • the driver of a motor vehicle used to provide the service
  • a booking service provider for the service
  • if the service is a personalised transport service—a holder of a booked hire service licence, taxi service licence or limousine licence for a motor vehicle used to provide the service
  • the entity's local nominee, if an authorised booking entity who provides booking services for the service is a foreign person
  • a person who is contracted by a volunteer association that provides a public passenger service to drive a motor vehicle provided by the service.

'Operator' means a person carrying on the business of providing a public passenger service.

'Booking service provider' means a person who provides booking services for the service, and includes an authorised booking entity.

Responsible duty holders

A responsible duty holder is any of the following duty holders:

  • an operator of a service (including operators who are exempt from holding operator accreditation)
  • a booking service provider for the service.

If you are a responsible duty holder for a road-based public passenger service, you need to have a plan that outlines how you will ensure people's safety—this is called a safety management plan (SMP).

There may be times when there is more than 1 responsible duty holder for the same service. When this happens, only 1 SMP is required and duty holders can work together to determine who is best suited to develop and manage the SMP.

Learn more about safety management plans.

Duties and responsibilities of duty holders

Duty holders involved in road-based public passenger services have clearly defined responsibilities to ensure safety, as set out in Chapter 6A of the Transport and Other Legislation Amendment Act 2024. These duties vary depending on the person's role and level of control, but all are aimed at keeping people safe and reducing risks.

  • 67N Primary duty of care generally

    Each duty holder for a road-based public passenger service must ensure their activities, including how they run their business and make decisions, are carried out safely.

    Each duty holder must also make sure their actions do not, directly or indirectly, encourage anyone else (including other duty holders for the service) to break transport laws related to providing road-based public passenger services or the vehicles used for these services.

  • 67O Primary duty of care of driver

    As a driver, you must take care of your own safety and do what you reasonably can to avoid putting others at risk. For example, drivers must:

    • not drive when tired
    • properly secure wheelchairs
    • follow transport laws.

    You also need to follow any reasonable instructions or policies and procedures set by another duty holder, to help everyone meet their safety responsibilities.

  • 67P Duty of executive officer of corporation—where the corporation has a safety duty

    Executive officers must make sure the corporation follows safety laws. You can be found guilty of breaking the law even if the corporation itself isn't. This means you must take reasonable steps to:

    • learn about safe work practices and keep your knowledge up to date
    • understand what the corporation does and what dangers or risks are involved
    • make sure the corporation has the right resources to reduce or remove these risks
    • make sure the corporation has processes in place to
      • reduce or remove risks
      • collect and respond quickly to information about risks and any incidents
      • follow all safety rules to ensure you are complying with the company's safety duty.
    • check that all these resources and processes are in place and being used properly.
    'Executive officer' of a corporation is defined as a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.

  • 67Z Definition for part—responsible duty holder

    Responsible duty holders must have a safety management plan—a written document that outlines how to:

    Learn more about safety management plans.

Additional responsibilities for duty holders

Some people may have additional safety responsibilities because of the different ways services are delivered, and the different roles people have. These extra duties take into account how much control a person has to reduce or remove safety risks based on their role. However, these additional responsibilities do not replace or reduce the main duty of care listed above.

  • As much as is reasonably practicable, operators must:

    • have systems in place to identify and manage safety risks
    • monitor and review safety risks
    • make sure vehicles are safe and properly maintained
    • promote safety and explain responsibilities to all staff, contractors, and drivers
    • ensure any equipment or systems used in, or in conjunction with the operation of, vehicles are safely installed, used, and maintained
    • implement a process to monitor drivers and others to make sure services are delivered safely
    • provide enough information, training, and instructions so everyone involved can do their job safely.
    'Operator' means a person carrying on the business of providing a public passenger service

  • The registered operator of a motor vehicle must, as far as is reasonably practicable:

    • make sure the vehicle is provided and maintained in a safe condition
    • make sure any equipment or systems used in the vehicle are fitted, operated and maintained in a safe condition, and are regularly tested and examined.
    A 'registered operator of a motor vehicle' is someone who has the vehicle registered in their name under transport law or has notified the chief executive that they want the vehicle to be registered in their name.

  • Booking service providers must, so far as is reasonably practicable:

    • have systems in place to identify and manage safety risks
    • regularly check and update how risks are managed
    • encourage safe practices and make sure all employees, contractors, drivers, and others involved understand and follow their responsibilities
    • give drivers and others involved enough information, training, and instruction to work safely
    • implement a process to check that drivers and others are providing services safely
    • make sure drivers and others know about any safety equipment they need to use.

  • Holders of a booked hire service licence, taxi service licence, or limousine licence must, so far as is reasonably practicable:

    • act quickly to remove or reduce any safety risks that are found
    • encourage safe practices and make sure all employees, contractors, drivers, and others involved understand and follow their safety responsibilities.

Fatigue management responsibilities

Operators and authorised booking service providers of road-based public passenger services have additional safety obligations to manage driver fatigue.

These entities must keep records for each driver providing the service, including the days and times they are driving or available to drive. If requested, this information must be given to the Department of Transport and Main Roads (TMR) to support compliance and safety oversight.

Operators complying with the heavy vehicle national law (HVNL) requirements will not need to duplicate fatigue records.

Shared responsibilities of duty holders for safety

Everyone involved in providing road-based public passenger services shares responsibility for ensuring activities are carried out safety. A person's level and type of responsibility depends on:

  • the work they do or are expected to do, whether regularly or occasionally
  • the types of safety risks involved in that work
  • how much control they have to reduce or remove those risks.

Multiple duties and shared responsibilities

  • A person may have more than 1 safety duty.
  • More than 1 person can share the same duty at the same time.
  • Each person must meet their own responsibilities, even if someone else has the same duty.

Extent of responsibility

If multiple people share a duty, each person is responsible for fulfilling their part to the extent of their ability. A safety duty cannot be passed on to someone else.

Agreements or contracts cannot be used to avoid or transfer safety duties. Even if someone else is contracted to perform the activity, the original duty holder remains responsible for ensuring the safety duty is met.

Simply complying with transport laws or safety regulations does not automatically mean a person has fulfilled their safety duty.

Duty holders must take responsibility for their safety obligations, regardless of shared duties or contractual arrangements. They must actively ensure safety risks are managed within their capacity.

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