The NTC's performance measures and targets for 2020–21 were set out at the beginning of this reporting period in the NTC's Corporate Plan and then the Portfolio Budget Statements.

Alignment with the NTC's Corporate Plan

The NTC's Corporate Plan 2020–24 sets out how we will deliver on our purpose and the performance measures we will use to assess our delivery. The performance measures for 2020–21 assess efficiency, effectiveness, and how well the NTC delivers on its purpose (impact).

The performance measures published in the NTC's Corporate Plan 2020–24 refer to the Transport and Infrastructure Council (the Council) and Transport and Infrastructure Senior Officials' Committee (TISOC). These have since changed to the Infrastructure and Transport Ministers' Meeting (ITMM) and Infrastructure and Transport Senior Officials' Committee (ITSOC). All references to the Council or TISOC have been changed in the following performance measures for clarity.

Alignment with Portfolio Budget Statements 2020-21

The Portfolio Budget Statements 2020–21 reflect the performance criteria outlined in the NTC's Corporate Plan and provide additional context around the NTC's outcome, program, and delivery.

• Outcome: Improved transport productivity, efficiency, safety and environmental performance and regulatory efficiency in Australia through developing, monitoring and maintaining nationally consistent regulatory and operational arrangements relating to road, rail and intermodal transport.
• Program: Improve safety, productivity and environmental outcomes, provide for future technologies and improve regulatory efficiency by developing, monitoring and maintaining nationally consistent regulatory and operational arrangements relating to road, rail and intermodal transport.
• Delivery: Delivery of the NTC’s ministerially approved program of work (as detailed in the NTC’s Corporate Plan 2020–24) in partnership with Australian governments, safety regulators, standards boards, industry, the private sector and the broader community.

The NTC delivers its projects on time and on budget

Analysis

There were nine projects scheduled to be delivered in 2020–21. All were successfully delivered, plus an additional project that was delivered earlier than scheduled. The following projects were delivered for 2020–21:

• Automated vehicle trial guidelines update: the NTC reviewed and updated the guidelines, and also delivered a report on the lessons learned from trials to date. Transport ministers approved the updated guidelines in November 2020 and directed the NTC to undertake further work to establish closer collaboration between state and territory governments (including facilitating the creation of best practice tools for government and industry) and to develop a central, online hub which will include information and resources on how to set up Australian trials.
• Improving the land transport of dangerous goods: this project explored ways to improve regulation for the land transport of dangerous goods. The NTC identified several opportunities for improvement and provided transport ministers with recommendations to progress these. All recommendations were agreed and are now being delivered through the NTC’s program of work.
• Barriers to the safe and legal use of innovative vehicles: the NTC reviewed the Australian Road Rules (ARRs) to identify regulatory barriers preventing the safe and legal use of motorised wheelchairs and mobility scooters, and personal mobility devices (PMDs) or innovative vehicles (for example: e-scooters). The NTC’s recommendation to include PMDs in the ARRs was endorsed by transport ministers and the model law updated.
• Government access to vehicle generated data: this project was completed a year ahead of schedule with the NTC's publication of a policy paper on government access to vehicle generated data. Transport ministers also agreed to the creation of a national working group to focus on government access to, and use of, vehicle generated data.
• Carbon dioxide emissions intensity for new Australian light vehicles 2020: the NTC published its annual report on carbon dioxide emissions intensity for new Australian light vehicles in August 2021.*
• Australian Defence Force Exemption Framework: the NTC reviewed and updated the Australian Defence Force Road Transport Exemption Framework, with version eight of the Framework approved by transport ministers in November 2020.
• Vehicle standards for light and heavy vehicles (amendments to model and national laws): the NTC reviewed the Australian Light Vehicle Standards Rules 2015 and the Heavy Vehicle (Vehicle Standards) National Regulation, with transport ministers approving the proposed amendments to light and heavy vehicle standards at the November 2020 meeting.
• Rail Safety National Law (amendments to national law): the NTC undertook a scheduled assessment to identify if an amendment package was required (this law is reviewed but amendment packages are only developed if required). No amendments were required for the 2020–21 year.
• Maintaining and improving the forward-looking cost base prototype model: the NTC maintained the forward-looking cost base prototype model by collecting the annual road expenditure data and incorporating it into the model.
• Reform implementation monitoring report: the ITMM endorsed the National Transport Reform Implementation Monitoring Report 2020 in November 2020; this is an annual progress report to ministers on the implementation status of nationally agreed reforms.

There was an additional project scheduled for completion. This was removed from the NTC's work program following ITMM approval due to external dependencies not being met:

• 7-axle truck and dog review: a review of the 7-axle truck and dog reforms was scheduled for 2020–21 but could not be undertaken as the reforms to be reviewed had not been fully implemented. This review will be rescheduled once the reforms have been implemented.

More information on the outcomes of each of the NTC's projects is available on the website at www.ntc.gov.au.

Methodology and source

This performance result is calculated from a count of the projects scheduled to be completed in the reporting period (as per the 2020–21 Corporate Plan), and, of those, a count of how many were completed in that year (based on NTC program management records and papers submitted to the ITMM). The number of completed projects is provided as a percentage of the number of projects scheduled.

Projects that were scheduled for completion in this reporting period, but subsequently received ITMM approval to be extended or rescheduled, are excluded from the count. Projects are considered to be delivered on budget if the NTC did not exceed its budget or defer projects for financial reasons.

*The final report for the 'Carbon dioxide emissions intensity for new Australian light vehicles' project was published in the subsequent reporting period but has been counted for performance reporting in this period as the 2020 report was delivered in line with the annual reporting schedule, and does not need to be submitted to the ITSOC or ITMM. Publication of the report was slightly delayed due to the availability of data from third-party sources which prompted changes in established methodology for analysing and reporting on this data.

The NTC maintains, monitors and reviews land transport reforms

Analysis

There were three routine legislative amendment packages scheduled for the reporting period and the NTC successfully delivered all of them. While the NTC sets a target of five routine legislative amendment packages a year, only three were required for the 2020–21 reporting period. The target of five packages cannot always be met as there are only six regulatory instruments that the NTC develops amendment packages for, and many of these are delivered in biennial cycles. Additionally, routine amendments for one of these laws, the Heavy Vehicle National Law (HVNL), have been suspended while the NTC undertakes a more comprehensive review of this law.

The routine legislative amendment packages delivered in this reporting period were:

• Vehicle standards
• Australian Defence Force Road Transport Exemption Framework
• Rail Safety National Law (RSNL).*

The number of amendment packages delivered is only one aspect of the NTC's work in maintaining the legislative instruments for which it is responsible. The NTC is increasingly complementing the schedule of routine maintenance packages with more comprehensive reviews (such as the HVNL review) to identify whether significant change is needed. In the 2020–21 reporting period, the NTC delivered a comprehensive assessment on ways to improve regulation for the land transport of dangerous goods. Following this assessment, ministers agreed for the NTC to undertake a comprehensive review of the land transport of dangerous goods code (the code), in addition to the scheduled amendment packages to update the code and model laws.

Providing a mix of regular amendment packages and larger systemic reviews allows the NTC to provide greater value by ensuring laws remain contemporary and consistent with their policy intent, while also identifying and capitalising on any significant improvement opportunities.

Methodology and source

This performance measure is based on a count of routine legislative amendment packages submitted to the ITMM (using NTC program management records and papers submitted to the ITMM). For the purposes of this reporting, routine legislative amendment packages are defined as periodically scheduled updates to the legislative instruments the NTC maintains.

*While there was no amendment package required or submitted for the RSNL, this project has been counted as 'routine legislative maintenance' for performance reporting as the NTC did undertake the scheduled assessment to identify if an amendment package was required.

Analysis

The National Transport Reform Implementation Monitoring Report 2020 was provided to the ITMM in November 2020. This document provides a progress report on the implementation status (by jurisdiction) of nationally agreed reforms.

Methodology and source

This performance measure is met if the National Transport Reform Implementation Monitoring Report is provided in the reporting period and includes the implementation status of each jurisdiction for all land transport reforms.

The NTC develops policy reform proposals of high value

Analysis

The ITMM approved two regulatory reforms from the NTC in 2020–21. An analysis of the anticipated benefits of these reforms has been provided in lieu of a 3-year rolling average (NPV) which is not available (see methodology and source).

• Developing technology-neutral road rules for driver distraction: The key benefit of this reform is to introduce future-proof, nationally consistent rules around driver distraction that provide clearer guidance about how driver use of modern technology is regulated. Introducing these rules is expected to reduce the economic value lost from road accidents while also reducing the overall regulatory burden. The choice of a qualitative approach to assess net benefits is due to the absence of sufficient research and data necessary to develop a credible quantitative cost–benefit analysis.

• Barriers to the safe use of personal mobility devices: This reform provides a coherent national regulatory framework to allow personal mobility devices (PMDs) to be used for their intended purposes with moderate restrictions. The benefits associated with PMD use are enhanced mobility and access through additional transport choice, potential commercial opportunities, and reduced congestion. Qualitative impact analysis has shown that these benefits outweigh the costs associated with minor increases in safety risks to pedestrians, and potential compliance and enforcement challenges. The choice of a qualitative approach to assess net benefits is due to the absence of sufficient research and data necessary to develop a credible quantitative cost–benefit analysis.

The benefits of the NTC's work are much broader than those provided by regulatory reforms only. Work on the National Rail Action Plan (see case study 2) and the following case study on lessons learned from automated vehicle trials are both examples of how the NTC complements its program of regulatory reform with other initiatives to deliver greater value.

CASE STUDY 1 – Adding value to the NTC’s work with a review of lessons learned from automated vehicle trials

In 2017, the NTC, in partnership with Austroads, published the ‘Guidelines for automated vehicles in Australia’ to support nationally consistent conditions for automated vehicle trials in Australia. These guidelines were to be reviewed regularly, with the first review completed in 2020 (alongside a new version of the guidelines). During that review, it became evident that lessons from trials in Australia were largely held within the organisations and jurisdictions involved. This represented a missed opportunity to gain a national understanding of the state of automated vehicle trialling in Australia, at a time when ministers are making decisions that will affect the deployment of this new technology.

The NTC undertook to deliver research on the lessons learned from Australian trials in addition to the planned review of the guidelines. Over thirty automated vehicle trials have taken place across every state and territory in Australia in the last five years. To review these trials, the NTC engaged with more than 80 stakeholders involved in trials: from Commonwealth and state and territory government; local government; technology providers; transport operators; infrastructure providers; insurance companies; automobile clubs; road user groups; transport accessibility groups; safety risk and transport consulting; academia; and industry bodies.

In December 2020, the NTC released the lessons learned report which provided national lessons about the state of the technology, the operation of trials, how trials are chosen and evaluated, and government processes. Delivery of this report supports government decision-making to move towards a more advanced stage of trialling and better prepare for the eventual commercial deployment of automated vehicles. This complements and adds value to the NTC’s broader program of work to develop the commercial deployment framework for automated vehicles in Australia.

Methodology and source

A 3-year rolling average (NPV) has not been calculated as this data has not been collected for a full 3-year period since this performance measure was introduced two years ago.

As a proxy performance indicator, analysis has been provided on a quantitative (total net present value) and qualitative assessment of anticipated benefits of policy agreed by the ITMM (including benefits as assessed through regulatory impact statements).

The NTC develops practical reform recommendations

Analysis

The NTC submitted 15 reform-related papers to the ITMM in 2020–21, with a total of 55 recommendations across 13 projects. All recommendations were agreed, marking either the successful completion of NTC projects (see performance measure one for a summary of outcomes), or milestones in the progress of ongoing work.

Some of the key achievements for ongoing work include the ITMM agreement to:

• further work and funding over the next three years to support initiatives under the National Rail Action Plan (see case study 2 for more detail on what was agreed by ministers)
• a roadmap for implementing a national safety framework for automated vehicles, with the aim of having national regulatory arrangements in place by 2026
• a forward program of work for the Heavy Vehicle National Law Review.

Further to progressing projects on the NTC's published work program, the NTC continued its work in providing advice to the ITMM on heavy vehicle charges to recover heavy vehicle related expenditure on roads from heavy vehicle operators. This work included undertaking public consultation on the ITMM’s proposal to increase heavy vehicle charges by 2.5 per cent for 2021–22. This increase was approved by ministers on 30 March 2021 following the public consultation.

CASE STUDY 2 – Progressing the National Rail Action Plan through the Infrastructure and Transport Ministers' Meeting (ITMM)

Recommendations relating to the National Rail Action Plan were submitted to the ITMM twice in this reporting period, with the value of the NTC's work clearly recognised in the ITMM communiqués issued following each meeting. In November 2020, ministers "noted the progress of the National Rail Action Plan to improve harmonisation, interoperability, and skills and labour in the rail sector. Work to date has highlighted the benefits of investment in new technology and has identified key interfaces in the national network, as well as critical and emerging skills needs in the rail sector.

Ministers also agreed to the next stage of work, which includes developing common standards and operating rules, strengthening links between industry and centres of excellence, and providing targeted career pathways." In May 2021, ministers "committed to further work and funding over the next three years to support initiatives including:

• creating a National Rail Skills Hub to co-ordinate between state academies and industry initiatives to improve access and pathways to current and future rail skills needed to build and operate the national rail network
• priority rolling stock and infrastructure standards, a national rolling stock register and consideration of an approach to radio communications and
• an interoperability framework to improve the productivity and safe running of the national rail network and assist the compatibility between different technological and communications systems.

Ministers affirmed the importance of ongoing collaboration between governments and industry, to support longer term productivity and safety benefits for the rail sector."

Methodology and source

This performance result is calculated from a count of the total number of NTC reform recommendations provided to the ITMM (as per the meeting papers circulated by the ITMM secretariat) as a percentage of the number of recommendations agreed by the ITMM (as per the ITMM meeting outcomes circulated by the ITMM secretariat). Commentary on the recommendations agreed by the ITMM is taken from the ITMM communiqués issued after each meeting which are published at www.infrastructure.gov.au/transport/infrastructure-transport-ministers.

Recommendations are considered to be agreed by the ITMM if jurisdictions agree or abstain from the vote. As recommendations must be agreed by consensus, abstaining from a vote allows the recommendation to be agreed while exempting the abstaining jurisdiction from what is being agreed. If any jurisdiction votes against a recommendation it is not considered to be agreed. The count of reform recommendations excludes recommendations relating to the approval of the NTC's Corporate Plan as these do not progress the delivery of specific reforms.

Analysis

Three regulatory amendments were submitted to the ITMM in 2020–21 for the following:

• Australian Defence Force Road Transport Exemption Framework
• Australian Road Rules (for Personal Mobility Devices)
• Australian Vehicle Standards Rules (Australian Light Vehicle Standards Rules, Heavy Vehicle (Vehicle Standards) National Regulation, and the Heavy Vehicle (Mass Dimension and Loading) National Regulation).

All amendments were submitted to ITMM with ITSOC-agreed documentation outlining the implementation outputs, responsibilities, and time frames.

Methodology and source

This performance result is based on a review of all NTC regulatory amendments (changes to legislative instruments) submitted to the ITMM (as per the meeting papers circulated by the ITMM secretariat) to confirm implementation plans were provided.

The NTC engages effectively with its government partners and stakeholders

Analysis

This performance measure does not apply for 2020–21 as there was no stakeholder survey scheduled for this reporting period. In lieu of data from the survey, broader analysis on the NTC's engagement practices has been included here to provide a picture of the NTC's performance in this area.

Due to COVID-19 restrictions, the NTC moved and adapted to an almost completely digital and online model of engagement. This was a big shift in focus which, while challenging, brought about many opportunities for the NTC to engage more broadly and more effectively. The NTC was able to reach more stakeholders across Australia; for one report on the lessons learned on automated vehicle trials the NTC engaged with more than 80 stakeholders nationally. The breadth of this engagement was made possible by online video-conferencing platforms.

These platforms have also allowed the NTC to bring a greater diversity of perspectives into meetings. This approach was helpful in delivering better outcomes for the review of the Heavy Vehicle National Law (HVNL) by enabling more robust debate in forums. The NTC expanded its capability in digital engagement and communications in 2020–21 to continue building on the opportunities presented by online platforms.

A big focus for the NTC has been to translate its often complex and technical work into different formats to make it more accessible to a wider audience. When publishing a Regulation Impact Statement (RIS) for the review of HVNL, the NTC developed a short-form document to be read alongside the RIS to show how the future law could work. The NTC has also developed videos to better explain and invite engagement on complex topics such as the heavy vehicle charges determination, and has expanded its capabilities to bring more aspects of video production in-house. Work continues into the 2021–22 year to enhance the NTC’s website to make it easier for people to engage with the NTC, and to 'tell the story' simply and transparently to drive participation.

The NTC has also been changing how it works with partners across Australia. In 2020–21, the NTC capitalised on the agile working practices adopted for COVID-19 by employing and co-locating NTC staff with partner agencies across Australia. In addition to staff in Victoria, the NTC now employs people based in Western Australia, New South Wales, South Australia, and Queensland. Prior to 2020–21, all staff were based in Victoria. This approach has brought in more diverse perspectives that better reflect the NTC’s national role, while enabling the NTC to have more local engagement with partners in other locations.

The following case study offers another insight into the NTC's more flexible approach to engagement to deliver national outcomes.

CASE STUDY 3 – Collaboration on the transportation of dangerous goods to support the national COVID-19 response

The outbreak of COVID-19 created significant demand across Australia for hand sanitiser, which is classified as dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road & Rail. To meet the high demand, much greater quantities of hand sanitiser were manufactured and transported within Australia, including by new market entrants who were unaware of the requirements for transporting dangerous goods.

The NTC worked with regulators and industry associations to develop cohesive guidance for industry on the handling, manufacture and transport of hand sanitiser. The NTC’s work was part of a nationally coordinated effort with National Cabinet to enable upscaled production and distribution of sanitiser while still ensuring safe practices. The NTC also helped industry to navigate and understand dangerous goods transportation requirements for the COVID-19 vaccine as this became available. These successes demonstrate the NTC’s ability to quickly and effectively engage across agencies and sectors to create better outcomes for Australia.

Methodology and source

Every two years the NTC commissions a stakeholder survey of government and private sector stakeholders, which is conducted and analysed by an independent consultancy. There was no survey scheduled for this reporting period as one was conducted in 2019–20 and the next is due to be undertaken in 2021–22.

The NTC has engaged staff who support a culture of performance

Analysis

There was a clear increase in overall staff engagement from the previous survey. The increase in engagement was a positive shift for a single year, and particularly notable for 2020–21 which was a uniquely challenging year for staff with prolonged lock-downs, restrictions, and work from home arrangements in response to COVID-19.

Appendix A: Report under the Work Health and Safety Act 2011 of this report provides more detail on how the NTC supported staff through this period and maintained a focus on staff engagement.

Methodology and source

This result is based on an annual NTC staff engagement survey conducted and analysed by SACS, an independent consultancy. SACS conducted the previous year's survey for the NTC using the same methodology so the results from each are directly comparable.

The NTC delivers on the IGA

Analysis

The 2021 review of the NTC noted that “stakeholders provided positive feedback regarding the NTC’s overall effectiveness,” and found that the NTC “is effective in delivering regulatory and operational road, rail, and intermodal transport reform in accordance with the Act, the Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport (IGA) and the Statement of Expectations.” The review confirmed that “the NTC remains relevant and needed.”

Methodology and source

This performance result is based on the outcomes of the six-yearly statutory review of the NTC as required under Section 51 of the NTC Act. Section 51 requires Australia’s infrastructure and transport ministers to review the NTC every six years from its establishment. This review must report on the operations of the NTC and the NTC Act, its associated Inter-Government Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport 2003 (IGA), and make recommendations about whether the NTC should continue and/or the NTC Act be repealed.

The review and related documents can be found at https://www.infrastructure.gov.au/transport/australia/ntc/reviews.aspx.