Contract performance notices

When an unsatisfactory or substandard performance of service is reported, the ASTP issues contract performance notices by email.

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 Contract Agreement (PDF 1063.54KB) (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 Contract Agreement (PDF 1063.54KB)), 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 Contract Agreement (PDF 1063.54KB)).

Right to appeal

Within 14 days of the notice, the contractor has the right to appeal the decision by providing additional supporting information not previously supplied by email to business.assurance.astp@det.nsw.edu.au.

The supporting information will be considered in addition to the information already received. An appeal outcome will be issued to the contractor. This decision is made by the ASTP Director and is final.

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