Page 1828 - Week 05 - Thursday, 10 May 2018
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The bill contains a number of provisions that are aimed at protecting light rail property, light rail vehicle equipment, emergency equipment and security cameras. The provisions focus on the act of damage, removal or interference with such property or equipment. The associated enforcement powers ensure that the light rail service operator can take action quickly to address any safety risks arising from such conduct.
The bill ensures that police and authorised persons have sufficient powers and effective means to address unacceptable passenger conduct and protect revenue and property. Police and authorised persons will have the power to direct a person to leave a light rail vehicle in specific circumstances, including when a person is engaging in unacceptable behaviour or under the influence of liquor or a drug and is causing a nuisance to someone else.
The ability to move on a person who is intoxicated or under the influence of a drug and is behaving in a way that causes or is likely to cause a nuisance or annoyance to someone else is important to ensure the safety of the public and the amenity of light rail vehicles and light rail stops for the benefit of the broader community. Passengers on a light rail vehicle will, in most instances, not have the option to remove themselves from unacceptable behaviour, especially if the light rail vehicle is crowded. Therefore, if there is a risk of harm to the individual or the public, the source of the harm should be able to be removed.
Authorised persons and police must satisfy the reasonable grounds test before directing a person to leave a light rail vehicle or light rail stop or not get on a light rail vehicle. Authorised persons will be trained to ensure that the person being issued with a direction is informed that failure to comply with the direction may result in them committing an offence and/or being removed from the light rail vehicle or light rail stop. This provides the person with an opportunity to modify their behaviour.
The ability to remove a person from a light rail vehicle or light rail stop is limited to police. This minimises the risks of unreasonable force being applied to a person or a person being unreasonably or illegally detained. The police exercising the powers will be suitably qualified and, through their training, understand the legal concepts surrounding reasonable force and what constitutes lawful detention.
The bill seeks to support an early intervention process where a person has the ability to leave a light rail vehicle or light rail stop of their own accord, once given a direction by an authorised person or police. Light rail vehicles and light rail stops will be frequented by many people, and as such any dangers represented by unacceptable passenger or public conduct need to be able to addressed as quickly as possible. The regulatory framework established by the bill focuses on public safety measures that are directed at changing behaviour or removing the source of the behaviour from the light rail vehicles or stops as quickly as possible.
As I mentioned when the bill was introduced, a public education campaign will be run by the light rail service operator and the territory to inform the community of its obligations when using the light rail service. This work has already commenced with the rail ready light rail safety program that is being run by Canberra Metro and
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