Terms and conditions

Industry Portal Use

Background

The NSW Point to Point Transport Commissioner (the Commissioner) aims to work together with point to point transport industry service providers to achieve safer point to point transport.

The Commissioner will collect a range of personal information from persons involved, or applying to be involved, in the provision of passenger services under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.  The personal information collected will be used for a lawful purpose, namely the authorisation and regulation of authorised service providers and others subject to the provisions of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, the collection of the Passenger Service Levy, and the management of taxi licences.

Persons and organisations who are authorised service providers or taxi licence holders (the User) are able to access the Industry Portal to self–serve and conduct online transactions such as applying for and maintaining authorisation, managing taxi licensing and complying with Passenger Service Levy obligations.

These terms and conditions set out the basis on which the Commissioner agrees to permit the User to access and use the Industry Portal in respect to the User’s individual accounts. Access to the Driver Vehicle Dashboard is subject to separate additional terms and conditions of use.

Definitions

ASP - Authorised Service Provider
Authorised User - means a person nominated by the ASP to access and use the DVD for its permitted use
DVD - Driver and Vehicle Dashboard
DVD Industry Manual - means the manual that sets out additional guidance and rules for ASPs for accessing the DVD
Permitted use – to conduct checks on ASP drivers and vehicles, and use the results to assist the ASP in managing their safety obligations under point to point law
Personnel - means the ASP’s staff whether employees, officers, secondees or contractors
Portal Industry Manual - means the manual that sets out additional guidance and rules for ASPs for accessing the Industry Portal
User - means a person nominated by the ASP to access and use the Industry Portal for its permitted us
User login - means a unique identification which the Commissioner provides to the ASP or taxi licence holder for accessing the Industry Portal

1. Use of the system

1.1 Permission to Use

(a) If the Commissioner grants the User the right to access and use the Industry Portal:

(i) The User will be authorised by the Commissioner to access and use the Industry Portal from the date the User accepts these terms and conditions.
(ii) The User may access and submit applications or update information or make payments on the Industry Portal.

1.2 Permitted Use

(a)The User must only access the Industry Portal to undertake tasks in respect to the User’s own account.
(b) The User must comply with the Industry Portal User Manual and all directions from the Commissioner from time to time in relation to access and use of the Industry Portal.

1.3 Parallel databases

(a) The User must not use the Industry Portal to create an alternative or parallel database that can be consulted in lieu of making a fresh enquiry on the Industry Portal.
(b) Any information accessed by the User from the Industry Portal must not be shared or passed onto third parties.

1.4 Suspension of access

(a) The Commissioner may immediately suspend the User’s access to the Industry Portal if:

(i) the Commissioner knows or suspects unauthorised access to the Industry Portal or use of the results other than for the permitted use;
(ii) there is a breach of these terms and conditions by the User;
(iii)in the Commissioner’s opinion, suspension is necessary for the security of the Industry Portal, or for compliance by the Commissioner with any law, or in order to maintain privacy or confidentiality.

(b) For the avoidance of doubt, the Commissioner’s right to suspend the User’s or an authorised person’s access to the Industry Portal under clause 1.4(a) does not limit the Commissioner’s rights to terminate these terms and conditions under clause 8.

1.5 User login details

(a) The Commissioner will provide the User with a user login and a password by which the User can access the Industry Portal. Every use of the user login to access the Industry Portal will be recorded for security and audit purposes.
(b) The Commissioner will set rules concerning the types of passwords that may be used and the frequency with which they must be changed and will require the User to change their password regularly.
(c) The User must ensure the integrity of password and login use and in particular must ensure that authorised users:

(i) keep passwords secure and separate from user logins;
(ii) ensure that each password and user login is not used or accessed by any person other than the person to whom that user login has been allocated;
(iii) ensure that passwords and user logins are not shared; and
(iv) must log out of the Industry Portal when they vacate or are otherwise not using the Industry Portal.

(d) The User must provide training to its authorised users on the matters referred to in paragraph (c).
(e) If the User knows, suspects or ought reasonably to know that:

(i) any person other than the authorised users to whom a password and user login has been allocated knows or may know that password or user login, or
(ii) a person knows or may know an authorised user’s password or user login, the User must immediately notify the Commissioner and must advise the Commissioner of what remedial action it has taken or proposes.

(f) The definition of an authorised user for the purpose of these terms and conditions means a person nominated by the User to access and use the Industry Portal for its permitted purpose.

1.6 IT Security

(a) The User must ensure its systems and networks used to access the Industry Portal meet the following requirements:

(i) they are in secure locations;
(ii) the systems and networks are under the control of the User;
(iii) network devices such as firewalls, routers and Intrusion Detection Systems must be configured to control connections to alert the User when suspicious events on the User’s systems are identified;
(iv) its systems and networks are protected from the public Internet by an appropriate firewall;
(v) its systems and networks are protected by appropriate anti-virus and anti-spyware software;
(vi) operating systems and other base software are kept up-to-date with the applicable vendor security patch releases; and
(vii) the User undertakes all reasonable measures to ensure the security of the Industry Portal from access by unauthorised users;
and any such other requirements as the Commissioner may from time to time notify to the User.
 

2. User responsible for its system

(a) The User must at its own cost acquire and maintain all equipment, services (including telecommunications and internet services) and software necessary to access and use the Industry Portal.
(b) The Commissioner accepts no responsibility for any hardware, software or other equipment or processes of the User used by the User in connection with the Industry Portal.
 

3. Record-keeping and inspections by the Commissioner

3.1 Record keeping

(a) The User must:

(i) keep and maintain:

  • detailed records of all accesses to the Industry Portal by or on behalf of the User;
  • comprehensive records in sufficient detail to verify the User’s compliance (and non-compliance) with these terms and conditions; and
  • all records the User is required to keep and maintain.

(ii) permit the Commissioner (and any nominee of the Commissioner) to conduct any audits.

(b) The User must bear all costs in respect to record keeping.
(c) It is a condition of authorisation that records are kept in New South Wales or in a form that may be accessed from, or made available in New South Wales. This includes records of access to the Industry Portal.

3.2 Inspection by the Commissioner

(a) In addition to any audits under clause 3.1(a)(ii), provided that the Commissioner gives the User at least 24 hours prior notice, the User must immediately give the Commissioner’s authorised officers:

(i) access during the User’s usual business hours to the resources, facilities, operators and premises used by the User in connection with the Industry Portal; and
(ii) copies of any records or documentation relating to the access and use of the Industry Portal in the possession, custody or control of the User (including all records relating to accessing the Industry Portal).

(b) The User must co-operate fully and must ensure all operators co-operate fully in any inspection, including answering all reasonable questions of the Commissioner’s authorised officers.
(c) If the inspection reveals the user is not complying with these terms and conditions, without limiting any other rights the Commissioner may have, the User must:

(i) promptly take such action as is necessary to remedy the non-compliance to the Commissioner’s satisfaction; and
(ii) provide evidence of the remedy to the Commissioner.

(d) The User must bear all costs of complying with clause 3.2.

 

4. Intellectual property rights

(a) The User acknowledges that access to the Industry Portal and abiding by these terms and conditions does not transfer to it any interest, including any intellectual property rights in the Industry Portal, the Industry User Manual or any other material provided by the Commissioner.
(b) If the User becomes aware of any actual or suspected infringement of the intellectual property rights in the Industry Portal, the Industry User Manual or other material provided by the Commissioner, it must immediately notify the Commissioner in relation to any action the Commissioner takes in relation to this. The Commissioner is not obliged to take any such action.
 

5. Limiting access and disclosure

(a) The User must not permit access to the Industry Portal by anyone other than for the permitted use.
(b) The User must not disclose the results of any enquiry except:

(i) as required by law;
(ii) to its personnel, provided that:

  • it is a person who has a need to know or who reasonably requires the results to enable them to perform their duties related to the permitted use
  • the person’s use of the results is covered by legally enforceable obligations of confidence to the User
  • if required by the Commissioner, the person signs a confidentiality agreement in favour of the Commissioner.

(c) The User must:

(i) notify the Commissioner if it becomes aware of any suspected or actual unauthorised access, use, disclosure or disposal of the Industry Portal information or results;
(ii) immediately take all steps (including those requested by the Commissioner) at its own expense, which are necessary to:

  • prevent any suspected or actual unauthorised access, use, disclosure or disposal of the information on the Industry Portal by its personnel;
  • enforce the rights of the User or the Commissioner in respect of any breach by the User’s personnel of their obligations in respect of the Industry Portal; and
  • ensure that the information on the Industry Portal are safeguarded at all times from corruption, interference or loss, and against unauthorised access, use, disclosure, disposal or other misuse.
     

6. Privacy

(a) The User acknowledges and agrees that authorisation, taxi licensing and Passenger Service Levy information may contain personal information and that, whether or not the User is bound by the Privacy and Personal Information Protection Act 1998 (NSW) and other privacy laws, the User agrees that it must comply with the requirements of:

(i) The Information Protection Principles under the Privacy and Personal Information Protection Act 1998 in relation to that personal information, and
(ii) All privacy laws, and any privacy guidelines issued by the Commissioner in relation to the collection, use, storage and disclosure of the results any access.
 

7. Contract disclosure- Government Information (Public Access) Act 2009

(a) The User acknowledges that the Commissioner may be required to publish certain information concerning the Industry Portal in accordance with the Government Information (Public Access) Act 2009.

 

Driver Vehicle Dashboard (DVD) Use

Background

The Driver Vehicle Dashboard (DVD) is a part of the NSW Point to Point Transport Commissioner Industry Portal. It is an online tool for Authorised Service Providers (ASPs) to assist in managing their safety obligations under New South Wales point to point transport laws, being the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) and the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (NSW).

The DVD indicates the status of a driver’s eligibility as a point to point transport driver; and confirms whether they have any disqualifying offences recorded or whether they are an eligible driver under the point to point transport legislation. If the DVD reflects an offence is recorded for a particular driver, the DVD does not provide any details about what the offence is. The ASP must approach the driver directly for further investigation.

An ASP is required to obtain consent from their drivers prior to uploading the driver’s personal details to the DVD and accessing the information provided by the DVD.

The DVD provides the status of vehicle registration. An ASP is able to conduct checks as often as they deem necessary to meet their safety obligations under point to point transport law. The results of a check remain visible in the DVD for seven days.

It is a condition of authorisation that the ASP complies with these terms and conditions.

The ASP’s primary contact will be responsible for ensuring that the ASP and its authorised users comply with the Commissioner’s directions in respect of the DVD and all other parts of these terms and conditions.

1. Use of the system

1.1 Permission to use

(a) The ASP is authorised by the Commissioner to access and use the DVD to conduct checks on their drivers and vehicles, and use these results to assist them in managing their safety obligations under point to point transport law.  

1.2 Permitted use

(a) The permitted users of the DVD are the ASP and its authorised users.
(b) The ASP must only access the DVD to undertake checks of their drivers to assist with ascertaining whether they are eligible drivers and on vehicles to ensure they are registered.  
(c) The ASP must comply with these terms and conditions, the DVD Industry Manual and all directions from the Commissioner in relation to access and use of the DVD.

1.3 Parallel databases

(a) The ASP must not use the DVD to create an alternative or parallel database that can be consulted in lieu of making a new enquiry on the DVD.
(b) The ASP must only export reports from the DVD for the purpose of managing their safety obligations.
(c) Any information accessed by the ASP from the DVD must not be shared or passed onto third parties.

1.4 Suspension of access

(a) The Commissioner may immediately suspend the access of the ASP or any of its authorised users to the DVD if:

(i) the Commissioner knows of or suspects unauthorised access to the DVD or use of the results other than for the permitted use of conducting checks on drivers and vehicles to manage safety obligations under point to point transport law;
(ii) the ASP has not abided by one or more terms and conditions of the DVD;
(iii) in the Commissioner’s opinion, suspension is necessary for the security of the DVD, compliance by the Commissioner with any law, or in order to maintain privacy or confidentiality.

1.5 User login details

(a) The Commissioner will provide the ASP with user logins which can be used to access the DVD. The ASP user login will be recorded against each check/report of the DVD by the ASP or the persons they authorise to use the DVD for security and audit purposes.
(b) The Commissioner will set rules concerning the types of passwords that may be used and the frequency with which they must be changed and will require an authorised user or the ASP to change their password regularly.
(c) The ASP must ensure the integrity of the password and login use, and in particular must ensure its authorised users observe the following:

(i) keep passwords secure and separate from their user login;
(ii) ensure each password and user login is not used or accessed by any person other than the authorised user to whom that login has been allocated;
(iii) passwords and user logins must not be shared between authorised users; and
(iv) authorised users must log out of the DVD when they vacate or are otherwise not using the DVD.

(d) The ASP must provide training to its authorised users on the above in respect to user logins.
(e) If the ASP knows, suspects or ought reasonably to know that:

(i) any person other than the authorised user to whom a password and user login ID has been allocated knows or may know that password or user login; or
(ii) an authorised person or any other person knows or may know someone else’s password or login,
the ASP must immediately notify the Commissioner and also advise the Commissioner of what remedial action it has taken or proposes to take.

1.6 IT Security

(a) The ASP must ensure its systems and networks used to access the DVD and store the results meet the following requirements:

(i) they are in secure locations;
(ii) the systems and networks are under the control of the ASP;
(iii) network devices such as firewalls, routers and Intrusion Detection Systems must be configured to control connections to alert the ASP when suspicious events on the ASP’s systems are identified;|
(iv) its systems and networks are protected from the public internet by an appropriate firewall;
(v) its systems and networks are protected by appropriate anti-virus and anti-spyware software;
(vi) operating systems and other base software are kept up to date with the applicable vendor security patch releases, and
(vii) the ASP undertakes all reasonable measures to ensure the security of the DVD from being accessed by unauthorised users
And any such other requirements as the Commissioner may from time to time notify to the ASP.

2. ASP responsible for its system

(a) The ASP must at its own cost acquire and maintain all equipment, services (including telecommunications and internet services) and software necessary to access and use the DVD.
(b) The Commissioner accepts no responsibility for any hardware, software or other equipment or processes of the ASP used in connection with the DVD.

 

3. Driver consent

(a) The ASP is permitted to access the DVD to conduct checks in respect of a driver only if that driver has given their prior consent to the ASP, and when audited, ASPs need to demonstrate how consent was obtained. An ASP needs to obtain driver consent annually to conduct checks in the DVD. A template driver consent form is available on the Commissioner’s website. 
(b) The ASP must not access the DVD in respect of any driver if:

(i) the driver has not provided consent;
(ii) the driver has withdrawn his or her consent; or
(iii) the driver ceases to be engaged by the ASP.
 

4. Record-keeping and inspections by the Commissioner

4.1 Record-keeping

(a) The ASP must keep and maintain detailed records of all accesses to the DVD by or on behalf of the ASP and comprehensive records in sufficient detail to verify the ASP’s compliance (and non-compliance) with these terms and conditions.
(b) The ASP must bear all costs in respect to record keeping.
(c) It is a condition of authorisation that records are kept in New South Wales or in a form that may be accessed from, or made available in New South Wales. This includes records of access to the DVD and consent forms.

4.2 Audit and Inspection

(a) The ASP must permit the Commissioner (and any nominee of the Commissioner) to conduct any audits.
(b) In addition to clause 4.2(a), provided the Commissioner gives the ASP at least 24 hours prior notice, the ASP must immediately give the Commissioner’s authorised officers:

(i) access during the ASP’s usual business hours to the resources, facilities, operators and premises used by the ASP in connection with the DVD; and
(ii) copies of any records or documentation relating to the access and use of the DVD in the possession, custody or control of the ASP (including all records relating to accessing the DVD).

(c) The ASP must cooperate fully and must ensure all personnel cooperate fully in any inspection, including answering all reasonable questions of the Commissioner’s authorised officers.
(d) If the inspection reveals that the ASP is not complying with these terms and conditions, without limiting any other rights the Commissioner may have, the ASP must:

(i) promptly take such action as is necessary to remedy the non-compliance to the Commissioner’s satisfaction, and
(ii) provide evidence of the remedy to the Commissioner.

(e) The ASP must bear all costs of complying with clause 4.2.
 

5. Liability and indemnity

(a) The ASP acknowledges that the Commissioner does not represent or warrant:

(i) the accuracy, completeness, or fitness for purpose of:

  • the DVD or results;
  • any information or advice provided by or for the Commissioner in connection with the DVD, results or these terms and conditions;
  • the Commissioner will provide the ASP access to the DVD at any particular time or that it will be able to connect to or use the DVD, or
  • that the DVD or the results will be or remain error free.

(b) The ASP undertakes that it will not rely on, and will make its own assessment of, the DVD and results in discharging its safety obligations.
(c) The ASP acknowledges the DVD and the results are not always accurate at a given point in time due to an administrative time lag in updating information on the DVD.
(d) The Commissioner excludes all liability to the ASP in respect of any loss arising out of, or relating to, the ASP’s possession, access to, or use of the DVD or the results or any act or omission of the Commissioner in respect of the DVD, the results or these terms and conditions.
(e) The ASP indemnifies and must keep indemnified the Commissioner and the state of New South Wales from and against all loss that the Commissioner or state of NSW may sustain or incur whether directly or indirectly arising out of or in relation to:

(i) personal injury (including death) or illness to any person arising out of or relating to access to or use of the DVD or results by the ASP;
(ii) any claim for breach of confidence or privacy or misuse of personal information arising out of, or in connection with, the access or use of the DVD or results by the ASP;
(iii) any fraud or other unlawful activity committed by any personnel;
(iv) unauthorised use of the DVD or results by the ASP; and
(v) any act or omission of the ASP in relation to the DVD or results.

(f) Access to the DVD relies on certain third party software. The licensing terms of that software require that the ASP only access and use the DVD for the permitted use failing which the Commissioner may be liable to the third party software provider for additional licence fees and/or damages for breach of the software licence.
(g) The ASP’s liability to indemnify the Commissioner is reduced proportionally to the extent a malicious or negligent act or omission by the Commissioner has contributed to the injury or loss.
 

6. Intellectual property rights

(a) The ASP acknowledges that access to the DVD and abiding by these terms and conditions does not transfer to it any interest, including any intellectual property rights in the DVD, DVD Industry Manual or any other material provided by the Commissioner.

(b) If the ASP becomes aware of any actual or suspected infringement of the intellectual property rights in the DVD, results, DVD Industry Manual or other material provided by the Commissioner, it must immediately notify the Commissioner and must provide all reasonable assistance requested by the Commissioner in relation to any action the Commissioner takes in relation to this. The Commissioner is not obliged to take any such action.
 

7. Limiting access and disclosure

(a) The ASP must not permit access to the DVD by anyone other than authorised users for the permitted use.
(b) The ASP must not disclose the results of any DVD enquiry except:

(i) as required by law;
(ii) to the driver the results are about;
(iii) to its personnel, provided that:

  • it is a person who has a need to know or who reasonably requires the results to enable them to perform their duties related to the permitted use;
  • the person’s use of the results is covered by legally enforceable obligations of confidence to the ASP;
  • if required by the Commissioner, the person signs a confidentiality agreement in favour of the Commissioner.

(c) The ASP must:

(i) immediately notify the Commissioner if it becomes aware of any suspected or actual unauthorised access, use, disclosure or disposal of the DVD or results;
(ii) immediately take all steps (including those requested by the Commissioner) at its own expense, which are necessary to:

  • prevent any suspected or actual unauthorised access, use, disclosure or disposal of the information on the DVD or results by its personnel;
  • enforce the rights of the ASP or the Commissioner in respect of any breach by the ASP’s personnel of their obligations in respect of the DVD or results; and
  • ensure the DVD and results are safeguarded at all times from corruption, interference or loss, and against unauthorised access, use, disclosure, disposal or other misuse. 
     

8. Privacy

(a) The ASP:

(i) acknowledges and agrees the results of driver checks are personal and health information and that, whether or not the ASP is bound by the Privacy and Personal Information Protection Act 1998 (NSW),the Health Records and Information Privacy Act 2002 (NSW), the Privacy Act 1988 (Cth) and other privacy laws, the ASP agrees it must comply with the requirements of:

  • the Information Protection Principles under the Privacy and Personal Information Protection Act 1998(NSW), the Australian Privacy Principles under the Privacy Act 1988 (Cth), in relation to that personal information,  the Health Privacy Principles under the Health Records and Information Privacy Act 2002(NSW) in relation to health information; and
  • all privacy laws, and any privacy guidelines issued by the Commissioner in relation to the collection, use, storage and disclosure of the results of the checks.

(b) must not do any act or engage in any practice:

(i) that would breach any of its obligations; or
(ii) which if done, or engaged by the Commissioner, would breach any of the Commissioner’s obligations;
under or in respect to any privacy law.

(c) must use, store, and disclose personal information obtained from the DVD only for the purpose for which such information was acquired.
(d) must notify the Commissioner immediately upon:

(i) becoming aware of a breach or possible breach of any of the obligations contained in or referred to in this clause, by the ASP, authorised user or any personnel;
(ii) receiving a privacy complaint relating to the ASP accessing or using results; or
(iii) receiving a request from an individual for access to, alteration, amendment or correction of personal information used by the ASP in connection with these terms and conditions.

(e) must comply with all reasonable directions from the Commissioner in relation to privacy complaints and the care, protection of, access to, and disposal of, personal information held in connection with these terms and conditions.
(f) the ASP must not store or disclose the results outside Australia. 
 

9. General

(a) It is a condition of authorisation for the ASP to comply with the terms and conditions of the DVD.
(b) The ASP must not contact the Commissioner, NSW Police or the Roads and Maritime Services directly in relation to a driver result. 
(c) The ASP is not permitted to assign, sub-contract or otherwise transfer or alienate any or all of its rights or obligations under the terms and conditions.
(d) The ASP acknowledges that no licence or right has been issued to the ASP by the Commissioner, nor does the ASP have a legitimate expectation of any licence or right.
(e) If any aspect of these terms and conditions is found to be invalid, illegal or unenforceable, those terms and conditions are severable and this will not affect the validity and enforceability of the remainder of these terms and conditions.
(f) The terms and conditions will be governed by and construed in accordance with the laws of New South Wales. The ASP submits to the exclusive jurisdiction of the Courts of New South Wales.
(g) The ASP’s primary contact will be responsible for ensuring the ASP and its authorised users comply with the Commissioner’s directions in respect of the DVD and all other parts of these terms and conditions.