1

AUTHORISED TAXI INSPECTION STATIONS EXAMINER

APPLICATION AND APPOINTMENT PROCESS

May 2011

Transport Services Division

Department of Transport Level 4, 16-18 Wentworth Street PARRAMATTA Locked Bag 5085

PARRAMATTA NSW 2124 Toll free phone: 1800 227 774

1

Table of Contents 1 Introduction 3 2 Purpose 3

3 What is an ATIS examiner 3

4 How to apply to be come an ATIS examiner 4 4.1 ATIS garage 4 4.2 ATIS garage responsibilities 4 4.3 The ATIS assessment criteria 4 4.4 Advertising for an additional ATIS garage 5 4.5 Worksite assessment 6 4.6 ATIS training and assessment 6 4.7 Term of ATIS examiner appointment 6 4.8 ATIS site locations 7

5 Code of conduct for ATIS examiners 7

5.1 What happens if an ATIS examiner fails to comply with the Code of Conduct? 8

5.2 When are audits conducted? 8 5.3 Where to get advice 8

6 Appendices 9

6.1 Appendix A – Glossary 9 6.2 Appendix B- ATIS Examiner Application Process 10 6.3 Appendix C – National criminal History Record Check

General Information 11

6.4 National Criminal History Record Check- proving your identity to the Department of Transport 13

6.5 Appendix D - Frequently asked Questions 16 6.6 Appendix E – Code of Conduct 18

2

6.7 Appendix F – ATIS Application Forms 24 6.8 ATIS Worksite Assessment Record 29

3

1 Introduction

The Authorised Taxi Inspection Station (ATIS) Examiner Scheme is a quality assurance system operated by the Department of Transport (DoT) in cooperation with the NSW Taxi Council to ensure that taxis are inspected by an independent ATIS examiner for compliance with a range of safety and comfort standards. The standards against which taxis are inspected are contained in the Manual of Inspection Standards for Taxi-Cabs (the Manual), which is available on the Department of Transport’s website: www.transport.nsw.gov.au

2 Purpose

The purpose of this document is to outline the process for becoming an ATIS examiner. ATIS examiners ensure the safety, comfort and quality of taxi-cabs by carrying out taxi inspections on behalf of the Department of Transport. The inspections examine the:

• Vehicle’s age, livery and decals, • Operation of the taxi meter, • Condition of the interior and exterior, and • Operation of the taxi’s safety equipment.

Taxi operators are required to present their taxis for routine inspection to an ATIS garage every:

• four months after their date of registration for taxis operating in transport districts (displaying “T” plates);

• six months after their date of registration for taxis operating in other areas (displaying “TC” plates); or

• annually for taxis operating in the Western Division (displaying “TC” plates). ATIS examiners undergo specialised training before being appointed. The examiner’s performance is monitored on an ongoing basis by the Department of Transport. 3 What is an ATIS examiner?

An ATIS examiner is appointed for a maximum five year period (except outside the three transport districts and the Central Coast) to inspect taxi-cabs against specified safety and comfort inspection standards. An ATIS Examiner can only hold an authorisation to inspect taxis at a nominated garage. If the examiner leaves the nominated garage then their ATIS examiner authorisation is void. To be considered as an ATIS examiner, applicants must hold a current RTA (light vehicle) authorised examiner’s authority card and must work at an existing ATIS garage or be responding to an advertisement for a new ATIS examiner position.

4

4 How to apply to become an ATIS examiner 4.1 ATIS garage

An ATIS garage is an Authorised Inspection Station (AIS) where an authorised ATIS examiner works. There is a limit on the number of ATIS garages in the Metropolitan (Sydney), Newcastle and Wollongong transport districts and on the Central Coast (Gosford and Wyong local government areas). The threshold provides for no more than 1 (one) ATIS garage for every 200 taxis in the combined transport districts and the Central Coast. There is, however, no limit on the number of ATIS examiners. Therefore, more than one ATIS examiner can work at an ATIS garage. If the number of urban taxis exceeds two hundred to every 1 (one) ATIS garage, the Department of Transport may advertise for an additional ATIS garage using an Expression of Interest (EOI). The application process for an ATIS garage is the same as that which applies to become an ATIS examiner. See Appendix F. No limit applies to the number of ATIS garages that may be approved in rural and regional NSW, however, additional rural and regional ATIS garages are only approved if a sufficient “market need” can be demonstrated to the Department of Transport by the applicant. An ATIS garage cannot operate without an authorised ATIS examiner to carry out inspections. A current list of approved ATIS garages is contained on the Department of Transport’s website: www.transport.nsw.gov.au 4.2 ATIS garage responsibilities

The Department of Transport requires all ATIS garages to maintain their AIS status. Failure to maintain an AIS status will result in the immediate cancellation of the authorisation of all ATIS examiners working at the garage. An ATIS garage is also responsible for the conduct of all ATIS examiners working for that garage. Approval of an ATIS examiner is made against an ATIS garage’s location and loss of the ATIS examiner’s status, results in the ATIS garage losing its ability to undertake taxi inspections (unless it has another authorised examiner). 4.3 The ATIS assessment criteria

1. The applicant must: a. work at an existing ATIS garage; or b. be responding to an EOI issued by Department of Transport for an additional ATIS garage.

2. The applicant must be authorised by the RTA for the purpose of conducting inspections and tests of registrable light vehicles, pursuant to the Road

5

Transport (Vehicle Registration) Act 1997, and provide evidence of this qualification to Department of Transport in making application.

3. The applicant must be an RTA authorised LPG inspector and provide proof of this qualification to the Department of Transport in making application.

4. The applicant should preferably be an active AUVIS inspector, and preference will be given to applicants holding such a qualification in cases where more than one application is received.

5. The applicant must have a satisfactory RTA AIS history as determined by the Department of Transport. Details of experience (including years) in the motor trade must also be listed.

6. Two references must be provided by either a taxi network, taxi operator or other relevant stakeholders in the taxi industry. The Department of Transport may contact the referees.

7. The applicant must provide details of the workshop’s size, parking facilities, facilities for customers and any specialised equipment on site, which may be relevant to the application, i.e. number of vehicle bays in the workshop etc.

8. Additional taxi related services offered by the applicant i.e. air-conditioning servicing, auto electrical repairs and details of any other specialist skills should also be included to help support an application to become an ATIS examiner.

The application form to become an ATIS examiner can be found on the Department of Transport’s website and at Appendix F of this document. The fee for making application for an ATIS examiner is $110 including GST (non refundable). 4.4 Advertising for an additional ATIS garage

When a requirement for a new ATIS garage is determined, the Department of Transport will advertise this requirement through an Expression of Interest (EOI) on its website, in the local newspaper, provide a direct mail out to all active light vehicle AIS garages in the target area, and advertise in the “Meter” and “Taxi” magazines. All applications that are received by the closing date are evaluated by the Department of Transport. Applications are short-listed to establish an order of merit. The short listed applicants will be notified and invited to participate in an assessment of the nominated workshop. All other applications are placed on hold at this time pending completion of this process. The Department of Transport will consult the NSW Taxi Council in the assessment of applicants. All applicants will be advised whether they have been successful or unsuccessful following the completion of the appointment process.

6

4.5 Worksite assessment

A key element of the selection process is the worksite assessment of short-listed applicants. This assessment will be performed by a Department of Transport Authorised Officer, in Sydney, Newcastle, Wollongong and the Central Coast. For all other areas the applicant will need to complete the ATIS workshop assessment record and applicants should note that these details may be the subject of audits. The worksite assessment of short-listed applicants will evaluate the parking space for taxis awaiting inspections, size of the workshop, availability of hoists/inspection facilities and the necessary inspection equipment in line with the applicant’s written application. The ATIS Worksite Assessment Record is included in the ATIS application form at Appendix F. 4.6 ATIS Training and Assessment

After passing the worksite assessment, a copy of the Manual of Inspection Standards for Taxi-Cabs, ATIS bulletins and Taxi-Cab Livery Manual (if applicable) will be provided to the preferred applicant to review and prepare for an examination. The preferred applicant will be required to undertake a compulsory short training course (offered by the NSW Taxi Council) prior to being assessed. The NSW Taxi Council offers an ATIS training course that has been approved by the Department of Transport. A short training course is also required for the ATIS garage owner/manager, outlining the responsibilities of an ATIS examiner. The fee charged by the NSW Taxi Council for this course is dependent on the location of the ATIS location. ATIS garages in rural and regional NSW are provided with a training course which is completed by correspondence. The cost of this course is $270 and additional ATIS examiners cost $175. The assessment involves both a theory and practical examination on the content of the Manual and ATIS bulletins. The practical examination includes the conduct of a simulated on-site inspection and the completion of the relevant documentation. The Department of Transport will consider the assessment and advise the successful applicant. 4.7 Term of ATIS examiner appointment

The initial appointment for an ATIS examiner is for a maximum of five years for the transport districts and the Central Coast. At the end of each term, an ATIS examiner must make application for a new term of appointment. The applicant’s history as an ATIS examiner will be used in the evaluation of the application.

7

There is no appointment term for rural and regional ATIS examiners. The appointment of an ATIS examiner is at the discretion of the Department of Transport and this appointment can be revoked at any time. If an ATIS examiner leaves the ATIS garage as stated on their application, their ATIS examiner authorisation becomes void. If a garage no longer has an ATIS examiner, it can no longer provide ATIS services. The ATIS garage must also remain as an AIS. Failure to maintain an active AIS status will result in the immediate cancellation of the authorisation of any ATIS examiners nominated to work at that facility. 4.8 ATIS site locations

The location of an ATIS garage is determined by the Department of Transport in consultation with the NSW Taxi Council. There are limitations placed upon the location (and relocation) of ATISs which include:

• ATISs that relocate must remain within a five kilometre radius of the original ATIS garage site in the transport districts and on the Central Coast. Approval must be sought from the Department of Transport before any relocation is commenced.

• ATISs that relocate in country areas of NSW must remain in the same town. 5 Code of conduct for ATIS examiners

All ATIS examiners are subject to the ‘Authorised Taxi Inspection Station Examiners Code of Conduct’ and are required to sign the Department of Transport Code of Conduct included in the ATIS application form (Appendix F). Failure to abide by the Code of Conduct may result in action being taken by the Department of Transport such as a formal warning, counselling, suspension or cancellation of an examiner’s authority to inspect taxi-cabs. The ATIS garages are provided with a copy of the Code of Conduct and are advised that the failure of an ATIS Examiner to comply with the Code of Conduct may result in the garage losing its right to undertake taxi inspections. All taxis submitted for examination must be inspected in accordance with the Manual and ATIS bulletins. Taxis which fail an inspection cannot be passed until the fault(s) are rectified and checked by the same ATIS. A taxi operator who has been appointed as an ATIS examiner cannot under any circumstances perform an ATIS inspection on their own vehicle(s).

8

5.1 What happens if an ATIS examiner fails to comply with the

Code of Conduct?

When an ATIS examiner is in breach of the Code of Conduct or the standards contained in the Manual and or ATIS bulletin updates, the ATIS examiner may be subject to any of the following actions:

1. A warning notice may be issued and the ATIS examiner is required to explain the reasons for the alleged breach and what action has been taken to rectify the situation.

2. A requirement to undergo counselling by a Department of Transport Authorised Officer.

3. A requirement to undergo retraining by a Department of Transport Authorised Officer.

4. Suspension of an ATIS appointment for a time determined by the Department of Transport.

5. Cancellation of the ATIS examiner’s appointment. Cancellation of the examiner’s authority will result in the removal of the ATIS garage’s ability to undertake taxi inspections unless there are other ATIS examiners on site. The Manual of Inspection Standards for Taxi-Cabs lists in more detail the extent to which disciplinary action may result. The appointment of an ATIS examiner is at the discretion of the Department of Transport and this appointment can be revoked at any time without reason or advance notice by the Department of Transport. 5.2 When are audits conducted?

Audits of ATIS examiners and garages are conducted by a Department of Transport Authorised Officer and are conducted on a regular basis. There are two types of audits - scheduled and random. The audits focus on the performance of the ATIS examiner in relation to the taxi-cab specific checks including the completion of documentation and record keeping. 5.3 Where to get advice

For the application and appointment process for ATIS examiners, advice should be obtained from the Department of Transport’s Manager, Compliance, on 9689 8861 or e-mail by using the general enquiry form listed on the Department of Transport’s website – www.transport.nsw.gov.au

9

6 Appendices 6.1 Appendix A – Glossary

Authorised Inspection Station (AIS) – RTA approved establishment, such as a service station, garage or workshop, where motor vehicles are inspected in accordance with vehicle safety standards. This is a prerequisite for an ATIS approval. Authorised Taxi Inspection Station (ATIS) – Premises: (a) that are authorised pursuant to a regulation under the Road Transport (Vehicle Registration) Act 1997 for use for the purpose of conducting inspections and tests of registrable vehicles, and (b) at which there works a motor mechanic who is authorised by the Director-General of Department of Transport to inspect, test and assess taxi-cabs for compliance with the Manual of Inspection Standards for Taxi-Cabs. ATIS examiner – RTA (light vehicle) authorised LPG examiner who works at an AIS, and is appointed by Department of Transport to perform the functions contained in the Manual. Central Coast – Refers to the local government areas of Gosford and Wyong. Manual of Inspection Standards for Taxi-Cabs (the Manual) – Manual that contains procedures and inspection standards that apply to all licensed taxi-cabs in NSW. Rural and Regional NSW – Areas outside the transport districts and the Central Coast. Transport Districts – Refers to the Metropolitan (Sydney), Newcastle and Wollongong transport districts. Urban – A term used to refer to the transport districts and the Central Coast.

10

6.2 Appendix B – ATIS Examiner Application Process

Start application process for ATIS

Assess eligibility ?

Eligible

Ineligible

The DoT advertises for an additional ATIS or an existing ATIS applies for the appointment of an additional examanier

The DoT receives all applications for ATIS &

assesses the applications received

The ATIS Assessment criteria is listed on the DoT website :

www.transport .nsw .gov . au

Worksite & ATIS general knowledge

assessments conducted

Yes

End ATIS process

Passed assessments

Advise applicant of result

End ATIS process

ATIS certificate issued

( 5 yr term )

Select preferred applicant ( s ) against assessment criteria ( consultation with NSW Taxi

Council )

No

Other applicants advised of result

11

6.3 Appendix C – National Criminal History Record Check General Information

General Information Unless statutory obligations require otherwise, the information provided on the National Criminal History Check Record application form will not be used without the prior consent of the applicant for any purpose other than in relation to the assessment of the applicant’s suitability. Criminal History Record Checks Criminal history record checks are an integral part of the assessment of an applicant’s suitability. Information extracted from the application form will be forwarded to the Crim Trac Agency and other Australian Police services for checking action. By signing the form you are providing your consent to these agencies:

a) disclosing criminal history information that pertains to you from their own records to the Department of Transport; and/or

b) accessing their records to obtain criminal history information that in turn will be disclosed to the Department of Transport.

Such criminal history may include outstanding charges, and criminal convictions/findings of guilt recorded against you that may be disclosed according to the laws of the relevant jurisdiction and, in the absence of any laws governing the release of that information, according to the relevant jurisdiction’s information release policy.

It is usual practice for an applicant’s personal information to be disclosed to Australian police services for them to use for their respective law enforcement purposes including the investigation of any outstanding criminal offences. New South Wales In New South Wales the Criminal Records Act 1991 (NSW) governs the effect of a person’s conviction for a relatively minor offence if the person completes a period of crime-free behaviour, and makes provision with respect to quashed convictions and pardons.

A “quashed” conviction is a conviction that has been set aside by the Court. A “pardon” means a free and absolute pardon that has been granted to a person because he/she was wrongly convicted of a Commonwealth, Territory, State or foreign offence. ______________________________________________

Australian Federal Police, New South Wales Police Force, Victoria police, Queensland Police Service, South Australia Police, Western Australia Police, Tasmania police, Northern Territory Police Force.

12

In relation to NSW convictions, a conviction generally becomes a “spent conviction” if a person has had a ten year crime-free period from the date of the conviction. However, certain convictions may not become spent convictions, and therefore need to be disclosed in the attached form.

These include:

where a prison sentence of more than six (6) months has been imposed (periodic or home detention is not considered a prison sentence);

convictions against companies and other corporate bodies;

sexual offences pursuant to the Criminal Records Act 1991’ and

convictions prescribed by the regulations.

For more information on spent convictions in NSW contact NSW Privacy on phone (02) 9268 5588.

Other Australian Police Services Where a criminal history record with another Australian police service has been obtained, any relevant legislation (and/or release policy) affecting that police service will be applied before that record is released. Under various pieces of Commonwealth, State and Territory legislation a person has the right, in particular circumstances or for a particular purpose, to not disclose certain convictions/findings of guilt over a certain age. Such convictions (widely referred to as “spent” or “rehabilitated” convictions) will not be released unless the records check is for the applicant’s personal information only and provided that this is in accordance with relevant legislation (and/or release policy). Please contact individual police services directly for further information about their release policies and any legislation that affects them. Provision of false or Misleading Information

You are asked to certify that the personal information you have provided on the application form is correct. If it is subsequently discovered, for example as result of a check of police records, that you have provided false or misleading information, you may be assessed as unsuitable.

You should note that the existence of a record does not mean that you will be assessed automatically as being unsuitable. Each case will be assessed on its merit, so it is in your interest to provide full and frank details in the form.

It is an offence under s54 of the Passenger Transport Act 1990 to make a false or misleading statement to obtain or attempt to obtain any authority or accreditation. The maximum penalty for this offence is $2,200 and may result in your application being refused.

- 13 -

6.4 National Criminal History Record Check – Proving your identity to the Department of Transport To obtain an Authorised Taxi Inspection Station Examiner you must prove your identity, date of birth and residential address. The Department of Transport uses the prescribed verification procedure (100) point check, pursuant to the Financial Transaction Reports Act 1988, for the purposes of obtaining an identification record for applicants. You must establish your identity by providing documents certified as true copies of the original from the list below that add up to a minimum of 100 points. Originals may also be sighted by the Department of Transport staff. If you have any difficulty in obtaining or providing these documents, you should contact the Department of Transport as soon as possible. If none of your proof of identity documents shows your current address, you must produce one of the following documents showing your current address: a current RTA issued certificate of registration, a contract of sale, lease agreement or rental document up to 2 years old If a document is not in English it must be accompanied by an official translation by either the Community Relations Commission for a multicultural NSW (formerly Ethnic Affairs Commission) or the Commonwealth Department of Immigration and Citizenship. List of persons who can provide Certification of Copies of Documents

• Bail Justice

• Barrister

• Commissioner for Affidavits

• Commissioner for Oaths

• Judge

• Justice of the Peace (must show registered number)

• Medical Practitioner (registered under the Medical Practice Act 1992)

• Minister of Religion authorised to celebrate marriages (but not merely a marriage celebrant)

• Police Officer (of the rank of Sergeant or the highest ranking officer in the station)

• Proclaimed bank manager

• Sheriff

• Solicitor

- 14 -

Primary Documents

70 Points

Document

• Birth Certificate

• Birth Card issued by the New South Wales Registry of Births, Deaths and Marriages

• Citizenship Certificate

• Current Passport

• Expired passport which has not been cancelled and was current within the preceding 2 years

• Other document of identity having the same characteristics as a passport including diplomatic documents and some documents issued to refugees

Secondary Documents

40 Points

Document- Must have a photograph and a name

• Driver licence issued by an Australian State or Territory

• NSW RTA Photo Card

• Licence or permit issued under a law of the Commonwealth, a State or Territory Government – (e.g. a boat licence)

• Identification card issued to a public employee

• Identification card issued by the Commonwealth, a State or Territory Government as evidence of the person’s entitlement to a financial benefit

• An identification card issued to a student at a tertiary education institution

35 Points Document – Must have name and address on

• A document held by a cash dealer giving security over your property

• A mortgage or other instrument of security held by a financial body

• Council rates notice

• Document from your current employer or previous employer within the last 2 years

• Land Titles Office record

• Document from the Credit Reference Association of Australia

- 15 -

25 Points Document – Must have name and signature on

• Marriage Certificate (for maiden name only)

• Credit Card

• Foreign Driver Licence

• Medicare card (signature not required on Medicare Card)

• EFTPOS Card

25 Points Document – Must have name and address on

• Records of a public utility – phone, water, gas or electricity bill

• Records of a financial institution

• Electoral Roll complied by the Australian Electoral Commission and available for public scrutiny

• A record held under a law other than a law relating to land titles

• Lease/rent agreement

• Rent receipt from a licensed real estate agent

25 Points Document – Must have name and date of birth on

• Record of a primary, secondary or tertiary education institution attended by you within the last 10 years

• Record of professional or trade association of which you are a member

- 16 -

6.5 Appendix D – Frequently Asked Questions 1) What is an Authorised Taxi Inspection Station (ATIS)? An ATIS is a garage at which one or more AIS examiners work who are appointed by the Department of Transport to undertake taxi-cab inspections. Each ATIS must have a minimum of at least one authorised vehicle examiner who has been appointed by the Director General as an “ATIS examiner” pursuant to the Passenger Transport Act 1990. 2) Are there limits on the number of ATIS garages in NSW? Yes, a threshold limit of 1 ATIS garage per 200 taxis applies in the transport districts and on the Central Coast. There is no limit on the number of garages that may operate as an ATIS in country NSW. 3) When does the Department of Transport advertise for an additional ATIS garage? Department of Transport may advertise for an additional ATIS garage when the numbers of taxis in an urban area exceed the threshold limit. Advertisements will be placed on Department of Transport’s website, in the local newspaper, direct mail to AISs in the target area, and in taxi industry magazines including “Meter” and “Taxi”. 4) Who can apply to become an ATIS examiner? Only mechanics who have been approved by the RTA for the purpose of conducting inspections and tests of registrable light vehicles, pursuant to the regulation under the Road Transport (Vehicle Registration) Act 1997, will be considered as an ATIS examiner. The applicant must:

• be an RTA open light vehicle AIS examiner, and • be an active RTA authorised LPG examiner.

5) What is the duration of an ATIS appointment? ATIS examiners are appointed for a maximum period of 5 years (except outside the three transport districts and the Central Coast). Reappointments may be granted at the end of the initial appointment subject to the ATIS examiner demonstrating satisfactory performance throughout the period of appointment. Examiners who wish to be reappointed will be required to submit a new ATIS application form at the completion of the period of appointment. 6) Am I able to apply for an additional ATIS garage in an urban area (the transport districts and the Central Coast) in the absence of a Department of Transport advertisement? No. Applications will not be accepted unless the Department of Transport has issued an Expression of Interest (EOI) for an additional ATIS garage. The EOI will include the name of the area for which the ATIS garage is required. This may be a suburb or Local Government Area. 7) What happens if I am already an ATIS and want to increase the number of ATIS examiners at my garage? Existing ATIS garages may apply for an increase in the number of examiners at any time by completing the application form at Attachment C, but must undertake the same process.

- 17 -

8) Are ATIS examiners subject to performance audits by the Department of Transport? Yes. ATIS examiners will be required to submit to performance audits throughout their period of appointment. Audits may be undertaken on a scheduled, random or targeted basis. 9) Are ATIS examiners required to sign and abide by the Department of Transport’s Code of Conduct for Authorised Taxi Inspection Station Examiners? Yes. All examiners will be required to sign and comply with the Department of Transport’s Code of Conduct for Authorised Taxi Inspection Station Examiners. 10) Where can I obtain further information regarding the ATIS application process? Further information on the ATIS application process can be obtained from Department of Transport’s website: www.transport.nsw.gov.au or by telephoning Department of Transport’s Manager, Compliance, on 9689 8861.

- 18 -

6.6 Appendix E – Code of Conduct

Department of Transport Code of Conduct for Authorised Taxi Inspection Station

Examiners

1. Introduction The Department of Transport, pursuant to the Passenger Transport Regulation 2007, requires taxi operators to regularly submit their taxi-cabs to an Authorised Taxi Inspection Station (ATIS) for a range of safety and comfort inspections. Such inspections are to be conducted at the taxi operator’s expense. Inspections may only be performed by qualified ATIS examiner who has been appointed as an Authorised Officer by the Director General in accordance with the requirements contained in the Manual of Inspection Standards for Taxi-Cabs (the Manual). ATIS examiners are not employees or contractors of the Department of Transport, rather; they are authorised to perform taxi cab inspections pursuant to section 46W of the Passenger Transport Act 1990. The Department of Transport retains the right to revoke an ATIS examiner’s authority to inspect taxi-cabs at any time.

2. Code of Conduct This Code of Conduct outlines the responsibilities and standards of behaviour expected of an ATIS examiner. It applies to all ATIS examiners authorised by the Director General to perform taxi inspections. A breach of this code may be grounds for cancellation by the Department of Transport of an ATIS examiner’s authority to undertake ATIS inspections. Some breaches may also constitute an offence and lead to legal proceedings. Your understanding of, and adherence to the Code of Conduct is treated seriously by the Department of Transport. Should you be appointed as an ATIS examiner, you will be required to read the Code, and to certify that you will abide by the conditions and obligations set out in the Code.

3. Ethical Principles This Code of Conduct has been developed in accordance with the principles of ethical and responsible decision-making and embodies the following values: 3.1 Respect For The Law ATIS examiners shall comply with the laws of New South Wales and of Australia and shall not be a party to their breach, evasion or subversion.

- 19 -

3.2 Respect For The Community and Persons ATIS examiners shall treat accredited taxi operators, taxi drivers, members of the public and persons they work with, or have dealings with in an honest and fair manner and with courtesy and sensitivity. They shall respect the rights, entitlements, duties and obligations of all stakeholders in the ATIS process. 3.3 Diligence ATIS examiners shall exercise a duty of care, be attentive and always strive for the highest standard of performance. They shall keep up-to-date with legislative and policy changes affecting their work, document their decisions and keep accurate records. The Department of Transport will provide ATIS examiners with information on the conduct of ATIS inspections, including updates as required. Inspections are to be conducted strictly in accordance with the Manual and bulletin updates, for which updates are issued from time to time. 3.4 Accountability ATIS examiners shall be willing and prepared to account to the Department of Transport, accredited taxi operators, and the community for the performance of their authorised duties.

4. Conditions of Approval 4.1 Legal Status The proprietor of the garage for which the ATIS examiner works must have an Australian Business Number (ABN). Section 46W of the Passenger Transport Act 1990 allows for taxi-cab inspections to be carried out by an ATIS examiner appointed by the Director General. 4.2 Responsibilities An ATIS examiner is appointed by the Director General and is authorised to:

• inspect taxi-cabs in accordance with the Manual and ATIS bulletin updates; and

• charge a fee commensurate with the work involved in conducting an inspection. This price should be transparent, fair and reasonable. Taxi operators are to be advised of the scheduled inspection fee prior to an examination taking place.

In addition to the above mentioned responsibilities, it is the ATIS examiner’s responsibility to:

• keep up to date with the standards, bulletins and other requirements of ATIS operations;

• conduct inspections in a safe, impartial, professional and ethical basis. This means that an ATIS examiner is not to suggest to any taxi-operator that the issue of an inspection report is conditional on having the identified repairs carried out at their ATIS, or at any other particular place of repair;

- 20 -

• only sign an inspection report for inspections that the ATIS examiner has personally conducted; and

• ensure that any taxi-cab which fails to comply with any standard is not passed until the problem has been rectified.

4.3 Taxi-cab Inspection Reports The ATIS examiner must retain a report of each taxi-cab inspection undertaken and make such reports available to a Department of Transport Authorised Officer upon request. This includes reports where the vehicle has met the standards contained within the Manual. Inspection reports will be required to be produced during audits. 4.4 Collusion with an accredited taxi operator All ATIS inspections shall be conducted strictly in accordance with the Manual, and other guidance material which may be issued from time to time. 4.5 Conflict of Interest An ATIS examiner must refrain from offering their services to an immediate family member, close relative or close personal friend or to a business managed by or employing an immediate family member, close relative or close personal friend. ATIS examiners must confirm that they will not act for an accredited operator if a conflict of interest exists. Where a real or perceived conflict of interest arises ATIS examiners must refrain from acting as an ATIS examiner for that operator. For example ATIS examiners are not permitted to issue a taxi inspection report for a taxi-cab they may operate as an accredited taxi operator. 4.6 Competence All ATIS examiners must be:

• authorised by the RTA for the purpose of conducting inspections and tests of registrable light vehicles, pursuant to the Road Transport (Vehicle Registration) Act 1997;

• an RTA authorised Liquid Petroleum Gas (LPG) inspector.

• appointed as an ATIS examiner pursuant to section 46W of the Passenger Transport Act 1990;

ATIS examiners must maintain their ATIS examiner competency throughout the term of their appointment. All persons appointed as ATIS examiners must use the Manual and ATIS bulletins for the purpose of inspecting taxi-cabs and attend briefing sessions, as required, by the Department of Transport. 4.7 Integrity

- 21 -

ATIS examiners must behave professionally and ethically at all times. ATIS examiners must act with propriety and be able to demonstrate this in relation to any service or advice they provide. The Department of Transport may refuse to appoint (or revoke the appointment of) an ATIS examiner due to the person’s proven offence record or other misconduct relevant to this appointment. Examples include convictions for dishonesty or passing taxi-cabs (which present for inspection) that do not meet the standards contained in the Manual and the ATIS bulletins. The Department of Transport may also suspend an appointment while a criminal charge against an ATIS examiner is pending finalisation. The behaviour of ATIS examiners will be monitored by the Department of Transport. Taxi operators are able to complain in writing to the Department of Transport if they consider that the examiner is, or has acted in, a fraudulent, dishonest or negligent manner. Persons appointed as an ATIS examiner shall not have previously had their approval as an ATIS examiner cancelled by the Department of Transport. 4.8 Health and Safety Obligations An approved ATIS examiner must abide by all relevant occupational health and safety, injury management and workers compensation legislation. An approved ATIS examiner must not breach or assist an accredited taxi operator (or authorised taxi driver) to breach occupational health and safety or workers compensation legislation or any obligations under any other law in New South Wales or Australia. 4.9 False Declarations An ATIS examiner must not make a false declaration to the Department of Transport, an accredited taxi operator or any other person associated with the ATIS scheme. 4.10 Willingness to be evaluated To ensure that ATIS examiners abide by the conditions in this Code of Conduct the Department of Transport will monitor their behaviour and performance. The Department of Transport will also investigate any written complaint made against an examiner in relation to fraudulent behaviour, or dishonest or delinquent conduct under the ATIS. It is a requirement of this Code that all ATIS examiners must agree to be reviewed and investigated by an Authorised Officer of the Department of Transport when required. The Department of Transport may audit or inspect the examiner as it sees fit. Approved ATIS examiners must allow the Department of Transport full access to their premises and documents for this purpose, subject to any legal rights of the garage proprietor, if the authorised ATIS examiner is not the proprietor.

- 22 -

5. Advice and Assistance

5.1 Limits of Code of Conduct This Code of Conduct provides guidance to assist ATIS examiners in deciding on the appropriate course of action in a variety of situations. From time to time problematic situations may arise which are not addressed in the Code. In such situations ATIS examiners should be able to reach an ethical decision by referring to the principles underlying the Code and by responding to the series of questions outlined in 5.2. 5.2 Self-Assessment If faced with a difficult situation in the course of work as an approved ATIS examiner, the following questions may assist examiners in coming to a decision consistent with the spirit and intention of the Code of Conduct:

• Is the decision lawful?

• Is the decision consistent with the spirit and intent of this Code of Conduct?

• Is the decision consistent with the spirit and intent of the ATIS scheme?

• What are the consequences of the decision – for the public? For the accredited taxi operator; for the Department of Transport; for other ATIS examiners; for myself?

• Can the decision be justified – to the Department of Transport? – to an independent person?

5.3 Further Help The Department of Transport may be able to assist you to resolve professional and ethical dilemmas which arise in the course of your work as an ATIS examiner. Should you need advice or assistance on such issues, contact the Department of Transport, Manager, Regulation and Compliance on (02) 9689 8861.

6. Review 6.1 Department of Transport Evaluation The ATIS scheme is vital in ensuring that the NSW travelling public are provided with safe and reliable taxi transport services. The competence and integrity of ATIS examiners operating under the ATIS scheme is essential to the success of the scheme. The Department of Transport will periodically review the behaviour and performance of ATIS examiners. This review process may include random monitoring, audits or other measures. ATIS examiners must agree to be reviewed by the Department of Transport as required. ATIS examiners must allow the Department of Transport full access to their premises and documents for this purpose. The Department of Transport may also investigate any complaints made against the ATIS examiner in relation to their performance and/or behaviour.

- 23 -

6.2 Reporting Breaches As an ATIS examiner appointed by the Department of Transport, you are responsible for reporting any known or suspected breach of the Code or corrupt conduct. Any instances of corruption or breaches of the code should be reported to: The Manager, Regulation & Compliance Department of Transport Locked Bag 5085 PARRAMATTA NSW 2124 Tel: (02) 9689 8861 ATIS examiners are also encouraged to identify situations where corruption could potentially occur, and to assist the Department of Transport in eliminating these situations. 6.3 Action by Department of Transport Where the Department of Transport is satisfied that the ATIS examiner has breached the Code of Conduct, the Director General may revoke the approval to be an ATIS examiner. In such circumstance, the Department of Transport will inform the examiner in writing of the Department of Transport action and reasons for its decision. The ATIS examiner will be required to immediately surrender all relevant ATIS inspection documentation to the Department of Transport including manuals, inspection reports etc in cases where an appointment is surrendered or revoked. 6.4 Fraud Where the ATIS examiner has found to be acting fraudulently the Department of Transport or the Police may institute criminal proceedings.

7. Further Information If you need assistance or advice relating to any of the issues outlined in this code of conduct, contact the Department of Transport, Manager, Regulation and Compliance on (02) 9689 8861.

- 24 -

Appendix F – ATIS Application Forms

Form Number: Date:

Form Name:

Trading Name:

ABN:

First Name:

Surname:

Position:

First Name:

Surname:

Email Address:

Yes

5/ Have you ever been cancelled or suspended as an ATIS Examiner

*an ACN number is only require if your business in incorporated

If you have answered yes to all the above questions, then you are eligible to apply for the ATIS Examiner appointment offered by the Department of Transport

2/ Are you a licensed LPG inspector? - certificate to be provided with application.

3/ Do you and your garage have an acceptable RTA AIS history check - RTA history (this will be checked by the Department of Transport).

4/ Is there a requirement for an additional ATIS as listed on the Department of Transport website or are you a mechanic at an existing ATIS, or a rural and regional ATIS applicant.

Garage Address:

Assessment ChecklistIf there is more than one applicant, please complete an additional form for each additional applicant.

Mobile:

Authorised Taxi Inspection Examiner Application Form

Please complete all sections on this form to assist the Department of Transport in evaluating your application to become an Authorised Taxi Inspection Station Examiner.

F006

Authorised Taxi Inspection Station (ATIS) Examiner - Application Form

Mobile:

Applicant Details - (includes details of garage)

ACN* Work No:

Fax No:

Work No:

Details of applicant applying for the ATIS Examiner role if different to above:

Are you a current taxi operator? Is the owner of the garage a current taxi operator?

Postal Address:

Yes

Please ensure that you meet the following assessment criteria listed below, before proceeding with your application.

Yes

Yes

Yes

1/ Do you work at a current Authorised Inspection Station (AIS) pursuant to the Road Transport (Vehicle Registration) Act 1997? - evidence to be provided with application.

YesYes

- 25 -

Form Number: Part No:

Form Name:

F006 Part 2

Authorised Taxi Inspection Examiner Application Form

Authorised Taxi Inspection Station (ATIS) Examiner - Application Form

3/ Outline additional taxi related services or qualifications you can offer and list qualifications of any specialist nature (i.e. AUVIS inspection qualification). - evidence to be provided.

4/ Provide and attach details on your workshop size, parking facilities, facilities for customers, and any specialised equipment on site, which may be relevant to the application (a sketch drawing of the workshop is to accompany the application).

Assessment CriteriaThe assessment criteria below must be completed. Please attach additional information should it be required.

1/ Outline and describe the amount of time and type of industry experience that you have in the motor trade industry and how this experience will benefit the taxi industry.

2/ Attach two references from the taxi industry, outlining the need for your business to become an ATIS. References must be provided from taxi operators, taxi networks or other relevant stakeholders in the taxi industry.

- 26 -

Form Number: Part No:

Form Name:

1. A signed ATIS Code of Conduct Agreement For Examiners

2. A signed National Criminal History Record Check Application Form

Authorised taxi examiners are central to the inspection process and to ensure that appropriate standards are maintained all authorised taxi examiners are required to consent to the Department of Transport undertaking appropriate checks to determine their suitability to become an authorised ATIS examiner for the purpose of examining taxi-cabs.

1. The Department of Transport collects your personal information for the purpose of determining that you are a suitable person and have the necessary responsibility to perform taxi inspections in accordance with law and custom. 2. The provision of personal information and agreement to undergo a Police Criminal Names Index Check is voluntary, however; persons who decline to submit to such a check, or to provide references cannot be considered as suitable to be appointed as an authorised ATIS examiner for the purpose of examining taxi-cabs.3. The Department of Transport will hold the personal information for the duration that a person remains an approved ATIS examiner and will not disclose the information to any other party.4. You are entitled to request access to the personal information gained from such checks and request correction of such information.5. You should immediately inform the Department of Transport of any matter that may have any bearing on your ability to perform taxi-cab inspections.

Mail: Attention - Manager, Regulation and Compliance, Department of Transport Locked Bag 5085, Parramatta NSW 2124

Once completed send the form to the Department of Transport by post, fax or email.

I, ……………………………………………………………………………….D.O.B………..………….….…...……….……..(Insert full name and date of birth)

Signature:…………………………………………………………….

Of…………………………………………………………………………….....….....………………….………………………..(Insert residential address)

I understand that the Department of Transport may decline my application should it have concerns with the findings of the National Criminal History Record Check or References.

Authorised Taxi Inspection Examiner Application Form

IMPORTANT – COLLECTION OF PERSONAL INFORMATION

Application to become an Authorised Taxi Inspection Station (or examiner)The Department of Transport is committed to ensuring the integrity of the Authorised Taxi Inspection Station system (ATIS) is transparent.

F006 Part 3

Authorised Taxi Inspection Station (ATIS) Examiner - Application Form

Hereby apply to become an authorised officer for the purpose of examining taxi-cabs. Also attached are two references for consideration in support of my application.

Please ensure that the following completed documents are included in your application to the Department of Transport.

3. Cheque, money order or complete the credit card payment details form, for $110 for each ATIS examiner applicant payable to the DEPARTMENT of TRANSPORT (This is Non Refundable)

Dated:………………………………….

- 27 -

NATIONAL CRIMINAL HISTORY RECORD CHECK APPLICATION FORM

STAFF-IN CONFIDENCE (WHEN COMPLETED)

PERSONAL INFORMATION

NAMES BY WHICH I AM, OR EVER HAVE BEEN, KNOWN (including changes by Deed Poll) 1._________________________________ ________________________________ Surname Given Names 2. _____________________________________ ________________________________ Surname Given Names SEX: M F DATE OF BIRTH: ________/_________/________ (Please Circle) Day Month Year PLACE OF BIRTH :________________________ PHONE NUMBER: __________________________ DRIVER’S LICENCE NUMBER: ___________________ STATE/TERRITORY: ______________________ PASSPORT NUMBER (IF APPLICABLE): ________________ PASSPORT COUNTRY _________________

Permanent Residential Address over Last Five Years If full details of previous addresses are unavailable details of town(s) and state(s) will suffice. Attach list if insufficient room.

If actual dates are unavailable , details of year of residence will suffice

Current Period of residence / / to / /

/ / to / /

/ / to / /

/ / to / /

- 28 -

NATIONAL CRIMINAL HISTORY RECORD CHECK TO OBTAIN PERSONAL INFORMATION CONSENT FORM

(NO EXCLUSION) STAFF- IN -CONFIDENCE (when completed)

(Block Letters) I, __________________________________________________________________________hereby:Family name (Current) Given names (Current)

1. acknowledge that I have read the Spent Convictions Schemes (refer Appendix C) section of the Information sheet and understand that Spent Convictions legislation (however described) in the Commonwealth and many States and Territories protects “spentconvictions” from disclosure;

2. understand that the position/entitlement for which I am being considered is in a category

for which NO exclusion has been granted from the application of the Spent Convictions legislation;

3. have fully completed this Form, and the personal information I have provided in it relates

to me, contains my full name and all names previously used by me, and is correct;

4. consent to the Department of Transport disclosing personal information about me from this Form to the National Criminal History Record Check Agency and the Australian police services.

5. consent to:

(i) the National Criminal History Record Check Agency disclosing personal

information about me to the Australian police services; (ii) the Australian police services disclosing, from their records, details of convictions

and outstanding charges, including findings of guilt or the acceptance of a plea o

fguilty by a court, that can be disclosed in accordance with the laws of the Commonwealth , States and Territories and, in the absence of any laws governingthe disclosure of this information, disclosing in accordance with the policies of thepolice service concerned; and

(iii) the National Criminal History Record Check Agency providing the information

disclosed by the Australian police services to the Department of Transport inaccordance with the laws of the Commonwealth;

6. acknowledge that any information provided by me on this Form, or by the Australian police

services, may be taken into account by the Department of Transport in assessing mysuitability for public passenger vehicle operator accreditation and/or driver authorisation forwhich I am applying.

Name: ____________________________ Signature _________________________ Date ___/___/___ Note: The information you provide on this Form, and which the National Criminal History Record Checkprovides to the Department of Transport will be used only for the purposes stated above unless statutory obligations require otherwise.

- 29 -

6.8 ATIS Worksite Assessment Record

Note: Only to be completed by Rural and Regional ATIS applicants.

Name of interviewing DoT Authorised Officer

- 30 -

AUTHORISED TAXI INSPECTION STATION (ATIS) CODE OF CONDUCT AGREEMENT

FOR EXAMINERS

I, ………………………. ……………………………………………………………………… (Examiner Name)

of, …………………………………………………………………………………………………,

(Examiner’s Address) hereby state that I have read, and agree to abide with the Department of Transport Code of Conduct for Authorised Taxi Inspection Station Examiners. I also agree to:

• Inspect taxi-cabs strictly in accordance with the Department of Transport Manual of Inspection Standards for taxi-cabs and other guidance material;

• any periodic review by the Department of Transport of my performance as an ATIS examiner and will provide all reasonable assistance and abide by any reasonable request made to facilitate such review; and

• Immediately and without reservation, surrender all relevant ATIS inspection documentation to the Department of Transport including manuals, inspection reports etc should I surrender or have my appointment suspended or cancelled.

I further understand that any breach of the Code may result in the Department of Transport suspending or cancelling my authority to perform ATIS inspections. ……………………………………………… dated ………………………………………. (Signature)

NO REPRESENTATION AS TO ENGAGEMENT The Department of Transport makes no representation that ATIS examiners will be engaged to undertake any taxi-cab inspections during the period of appointment. The Department of Transport is not liable to the examiner for any representation or other inducement made by any party to the examiner, before, during or after the appointment of the examiner as to the likely engagement of the examiner to perform taxi inspections. ATIS examiners should be aware that the Department of Transport may at time at its sole discretion suspend or terminate the ATIS scheme without any notice to the examiner and without any liability for compensation to the examiner.

- 31 -

Please ensure that you attached the following documents with the ATIS □application form

1/ A copy of the certificate of RTA Authorised Inspection Station (AIS) □2/ Copy of RTA authorisation as LPG inspector □3/ Two references from (taxi network, taxi operator, or other taxi industry

stakeholders) □4/ A sketch drawing or photographs of the workshop with details on size,

parking facilities □5/ A signed National Criminal History Record check application form □6/ Primary documents (page 14) for proving your identity to the Department. □7/ ATIS Worksite Assessment Record details (country only) □8/ A signed ATIS Code of Conduct Agreement for Examiners □9/ Cheque, money order, or complete the credit card payment details form, for $110

for each ATIS Examiner applicant payable to the Department of Transport □(non-refundable). Please send the completed ATIS form along with the above attachments to Principal Manager, Regulation & Compliance, Department of Transport, Locked Bag 5085, PARRAMATTA NSW 2124

ATIS Application Forms - Checklist