Roads Act 1993

The Minister may, by order published in the Gazette, approve a tollway ombudsman scheme.

The scheme must provide for the appointment of a tollway ombudsman to deal with the disputes and complaints between toll road customers and toll operators.

Before approving a scheme, the Minister must be satisfied the scheme meets the following objectives—

that the scheme has satisfactory arrangements in place to deal with the disputes and complaints referred to in subsection (2),

that the tollway ombudsman will be able to operate independently of toll operators in exercising functions under the scheme,

that the scheme will be accessible to toll road customers,

that the scheme will operate expeditiously and without cost to toll road customers and to other persons prescribed by the regulations,

that the scheme will allow toll road customers to choose whether or not the customers wish to be bound by determinations under the scheme,

that the scheme will satisfy best practice benchmarks for schemes of a similar kind, both in terms of its constitution and procedure and in terms of its day-to-day operations,

that the scheme will provide for a monetary limit on claims covered by the scheme of an amount or amounts approved by the Minister,

that the scheme will maintain the capacity of the tollway ombudsman, where appropriate, to refer disputes or complaints to other forums,

that the scheme will require the tollway ombudsman to inform the Minister of substantial breaches of this Act or another Act or law covered by the scheme,

other objectives prescribed by the regulations.

A scheme may treat a failure to make a decision within a specified period as a decision of a particular kind.

All toll operators in the State are members of the tollway ombudsman and, as members, are bound by the scheme.

A toll operator is bound by a decision of the tollway ombudsman under the scheme and must not fail to comply with the decision.

for an individual—25 penalty units, or

otherwise—100 penalty units.

A toll operator must pay to the Minister a contribution towards the following—

the costs of managing and administering the scheme,

the costs of ensuring compliance with the scheme,

other costs relating to the scheme.

The contribution is the amount prescribed by and payable in accordance with the regulations.

A contribution is recoverable by the Minister as a debt in a court of competent jurisdiction.

The Minister may waive payment, or extend the time for payment, of a contribution or part of a contribution payable under this section.

The tollway ombudsman must, if requested by the Minister, give the Minister a report detailing how the tollway ombudsman scheme is meeting its objectives.