Action for Public Transport (N.S.W.) Inc.

1. It is recommended that the Government undertake to pay a price fixed by a service contract to a private-enterprise corporation for the provision of ferry services pursuant to a service contract as required by the Passenger Transport Act 1990 but on a provisional basis, that is, until it proves to be no more expensive than a State Owned Corporation providing ferry services pursuant to a service contract as required by the Passenger Transport Act 1990. This means, it is recommended that:
   1. processes should be started as soon as possible to offer a comprehensive service contract, including fleet replacement responsibilities, to the market;
   2. if bids from the market compare favourably with the financial and quality performance of SFC as a State Owned Corporation providing the same service, the best (not necessarily the cheapest) bid should be accepted by the Government; and
   3. if bids from the market do not compare sufficiently favourably with the prospects offered by SFC continuing as a SOC, SFC could continue to provide the service subject to a statutory contract. (Chapter 1)
2. It is recommended that a coordinating body is established, whose role it is to ensure the transport network is properly integrated. In particular, such a body must ensure that timetables are properly coordinated across modes. In default of agreement between service providers, it should be empowered to determine changes for all of them. (Chapter 2)
3. It is recommended that an access agreement is negotiated between the operator of Sydney ferry services, whether it be SFC or a private operator, and NSW Maritime which:
   1. gives the operator priority access to all wharves to which access is required in order to operate ferry services in accordance with current and future timetables;
   2. enables the operator to install ticket machines, CCTV systems, PA systems, help points and customer information systems where appropriate;
   3. enables, in appropriate locations, the operator to berth vessels overnight and implement appropriate security arrangements;
   4. enables the operator to display appropriate signage on the wharves; and
   5. establishes clear and practicable responsibility for maintenance. (Chapter 3)
4. It is recommended that commuter wharves be standardized. The operator of Sydney ferry services, whether it be SFC or a private operator, and NSW Maritime must work together in relation to the redesign and standardization of commuter wharves, to ensure that wharves are appropriately designed to accommodate SFC’s operational requirements, particularly with a view to the specifications of a replacement fleet. (Chapter 3)
5. It is recommended that, when current access agreements in relation to Jetty 6 expire in January 2008, new access agreements are negotiated with commercial operators on the basis that Jetty 6 must be reasonably available for use by the operator of Sydney ferry services, whether it be SFC or a private operator, during the morning and afternoon peak hour. (Chapter 3)
6. It is recommended that King Street wharf be developed as an extra operational hub to Circular Quay and a new entry point to the city for ferry passengers. The term ‘operational hub’ requires that all necessary infrastructure is put in place for King Street wharf to operate as an alternative to Circular Quay. This requires:
   1. replacement of the current floating pontoon with a different wharf structure which includes appropriate disabled access;
   2. a ticket office, ticket machines and barrier gates;
   3. security measures to protect vessels berthed overnight and infrastructure such as ticket machines;
   4. appropriate crew and staff amenities; and
   5. facilities to service vessels such as sewerage pumps, access to shore power and fresh water. (Chapter 3)
7. It is recommended that, in planning the redevelopment of the foreshore, the Government explicitly consider a range of possibilities for ferries including an additional facility at White Bay or even, depending upon land use considerations, an entirely new facility including a new Shipyard. Any decision in relation to the future location of SFC’s operations including its Shipyard should be made in consultation with the Office of the Coordinator General. (Chapter 3)
8. It is recommended that SFC disaggregate its service reliability figures including on time running and services that actually run so that separate statistics for each of Manly, Inner Harbour and Parramatta River are kept. (Chapter 3)
9. It is recommended that Division 2 of Part 3 of the Passenger Transport Act (Ferry service) is amended so as to make it consistent with Division 3 of Part 3 of the Passenger Transport Act (Regular bus services) in these respects:
   1. removing the distinction between commercial and non-commercial contracts;
   2. removing those provisions which confer upon a contract holder exclusive rights, potentially in perpetuity, to operate passenger ferry services on a particular route or in a particular region;
   3. removing the provision that allows the terms of a service contract to prevail over Government’s standards of safety and maintenance and any relevant legislative standards or requirements; and
   4. inserting a provision, equivalent to sec 28C which overcomes the equitable doctrine against penalties and allows agreed penalties to be enforced against providers of passenger ferry services for a failure to meet minimum service standards set out in the service contract. (Chapter 5)
10. It is recommended that the Portfolio Minister give a written direction to the Board pursuant to sec 35K of the TA Act or sec 20P of the SOC Act on the grounds of public safety or that it is necessary for the public interest that SFC take all steps necessary for it to obtain one EBA with all afloat staff. (Chapter 8)
11. It is recommended that the Balmain Shipyard performance indicators be disaggregated to properly understand whether there are sufficient vessels available to service all routes, and if not which routes will suffer. (Chapter 11)
12. It is recommended that, in consultation with NSW Maritime, SFC review the safety management system to achieve the following goals:
    1. an integrated safety information system which;
       1. captures all hazards, OH&S incidents, audit results, noncompliance findings and near-miss reports (‘incidents’);
       2. guarantees and delivers feedback;
       3. permits confidential reporting;
       4. enables the costs of incidents to be calculated and reported upon;
       5. consistently defines incidents which are to be reported within SFC;
       6. permits the accurate reporting of ‘reportable incidents’ to NSW Maritime which are required to be reported pursuant to legislative obligations and the MOU;
       7. enables the implementation of corrective action to be monitored;
       8. permits measurement of outcomes; and
       9. is capable of systemic analysis.
    2. a just culture in which there are clear lines drawn between acceptable and unacceptable behaviour and which encourages and rewards the provision of essential safety-related information;
    3. document control;
    4. effective communication of lessons learned from incidents;
    5. robust and scheduled internal audits;
    6. regular external audit; and
    7. effective tracking of training undertaken by staff to ensure only those fully and up-to-date qualified to crew vessels, do so. (Chapter 10)
13. It is recommended that, in relation to its KPIs, SFC categorize the significant and reportable incidents by reference to:
    1. the nature of the incident e.g collision with wharf, collision with other vessel, collision with submerged object, other collision, grounding, near miss etc;
    2. whether any injury or fatality resulted and the seriousness of any injury;
    3. whether any damage to property including a vessel occurred and if so, the seriousness of any damage; and
    4. minor vessel incidents including near misses. (Chapter 10)
14. It is recommended that a new fleet be procured in accordance with the process outlined in Chapter 13. The overall aim of the replacement is to:
    1. provide capacity for more routes and more frequent services on existing routes;
    2. enable the large vessels to shorten travel time to and from Manly;
    3. maximize environmental suitability, efficiency and economic maintenance. (Chapter 12)
15. It is recommended that the existing high speed JetCat service to Manly is discontinued. (Chapter 12)
16. It is recommended that existing ferry services on the upper Parramatta River, between Rydalmere and Parramatta, are discontinued. (Chapter 12)
17. It is recommended that the devising of a specification for a replacement fleet, and the terms of a service contract including the obligation to deliver a replacement fleet, should urgently address all matters relevant to a sensible risk allocation between government and a contractor — including those set out in Chapter 13. (Chapter 13)

The full report is at http://www.nsw.gov.au/docs/Inquiry_SydneyFerries_311007.pdf (1.1MB).