The Problems
The PSV Regulatory Deficiencies (& Causes)
The Deficiencies
Laws not being followed as enacted.
Ministerial Decisions not delivered as instructed. Or at all.
Gaps in the Regulations.
“Rules” created and enforced without Ministerial or Legal Authority, per the "Making Stuff up as Go Along" approach (APPENDIX A).
The Causes
Not understanding (or even reading?) all the PSV related Laws, Regulations and Ministerial Decisions.
Not understanding that a Ministerial Decision has legal power.
Viewing a Ministerial Decision as simply a Rubber Stamp for own ideas and therefore Ministerial Decisions are theirs alone to alter or ignore, without the consent of the Minister.
The Bureaucratic desire to keep to selves information & control and to create own work!
How Enabled
A lack of Regulatory Transparency (rules made up to fill Regulatory Gaps and not Published – or written down?!)
A deficiency in internal formal documentation (i.e. written Procedures), on both delivery and later administration. (Individuals come and go – an organisation itself has to know what it does and how, otherwise knowledge and understanding does not get passed on).
Mushrooming the Taxi Minister of the day for a “Tail Wagging the Dog” approach.
Examples
Acting without Legal and / or Ministerial Authority (APPENDIX B):-
Reversing a Ministerial Decision
Not enacting a Ministerial Decision
Administrative Powers exceeded
Exercising a Ministerial Power
Exceeding Powers / Regulations not followed, as enacted
Incompetence