The contractor will need to carefully decide if they wish to employ drivers or request to subcontract.

Contractors may negotiate with drivers or subcontractors on vehicle ownership provided that there is a formal agreement in place that has been accepted by both parties.

The ASTP may request statements from the contractor confirming compliance with Workers Compensation, Payroll Tax and Industrial Relations Acts.

Contractors are responsible (see the ASTP Agreement (PDF 493KB)) for ensuring drivers have the necessary skills, competencies and approvals in providing services to the ASTP and meeting the contractual requirements for service delivery.

Read more about contractor responsibilities when working with the ASTP.

Key differences between drivers and subcontractors

Driver

Becoming a driver for the ASTP is a competitive process and at the discretion of the department. The ASTP does not employ drivers directly.

• A driver must receive appropriate training and relevant information to assist in their role.
• A driver must have a valid tax file number.
• A driver is engaged as an employee of a contractor and paid wages and allowances in accordance with a relevant NSW award.
• Payment of wages to the driver is made weekly, fortnightly or monthly.
• All on-costs are paid by the contractor in relation to holiday pay or allowances, sick leave, workers compensation.
• Superannuation entitlements are paid into the employee's approved superannuation fund.
• A driver's taxation is paid by the contractor on behalf of the driver and remitted to the Australian Tax Office.

The contractor or authorised contract manager must reply within 7 days from the date of the notice. Responses direct from drivers, ATSOs or other stakeholders will not be accepted. The types of notices are listed below.

Show cause notice

Usually the first notice issued. The contractor is requested to investigate and respond to a reported incident then reply in writing within 7 days from the date of the notice.

While this issue is being investigated the ASTP may also seek further actions from the contractor. Examples can include:

• driver removal or suspension
• undertake a driver medical report
• request driving record
• driver to undertake an English course approved by the Department).

The ASTP will investigate the reported incident and determine one of outcomes listed below.

Matter finalised notice

The ASTP has investigated the incident and, based on the information received, is reasonably satisfied that no further action is required.

Improvement notice

May be issued immediately when a serious incident has occurred, or following the response to a show cause notice.

Improvement notices are issued to reduce any identified risks and may have serious consequences where the contractor's performance of service is deemed unsatisfactory and substandard.

The contractor is requested to implement strategies to improve their level of service. The ASTP will continue to monitor the performance of the contractor.

Notice of non-compliance – termination for cause (run)

Will be issued when a serious safety incident has occurred, or a series of improvement notices issued and the contractor's performance of service has continued to be unsatisfactory and substandard.

The ASTP Eligible Service Provider panel has reviewed investigated the incident(s) and based on the information received decided to terminate the run.

Other reasons for a termination notice are listed in the ASTP Agreement (PDF 493KB) (clause 26.2).

Performance evaluation notice – repeated poor performance

The ongoing performance of a contractor is reviewed periodically by the ASTP.

Where a contractor has repeatedly demonstrated unsatisfactory performance (clause 28 of the ASTP Agreement (PDF 493KB), this may result in the contractor receiving a performance evaluation notice. Contractors may be subject to limited run allocation, loss of runs or impact on the allocation of future runs.

The ASTP considers contractor performance when assessing the capacity of future offers.

Notice of non-compliance – termination for cause (service)

Issued following a number of incidents, or an incident so serious that the ASTP Director has decided to terminate the service (clause 26.2 of the ASTP Agreement (PDF 493KB).