Part 1 Preliminary
1 Short title
These regulations may be cited as the Rail Safety National Law National Regulations 2012.
2 Commencement
These regulations will commence in a participating jurisdiction on the day on which Part 10 Division 9 of the Law commences in that jurisdiction.
3 Interpretation
In these regulations, unless the contrary intention appears—Category A notifiable occurrence—see regulation 57;Category B notifiable occurrence—see regulation 57;Law means the Rail Safety National Law, as amended from time to time, set out in the schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia;National Transport Commission means the body of that name established under the National Transport Commission Act 2003 of the Commonwealth;network rules means the rules, systems and procedures relating to railway operations established or adopted by a rail infrastructure manager to ensure the safety of the manager’s railway operations for the purposes of section 52(3)(c) and (4)(c) (Duties of rail transport operators) of the Law.
4 Definition of occupational health and safety legislation
The following laws are prescribed for the purposes of the definition of occupational health and safety legislation in section 4 (Interpretation) of the Law—(a) the Work Health and Safety Act 2011 of the Australian Capital Territory;(b) the Work Health and Safety Act 2011 of the Commonwealth;(c) the Work Health and Safety Act 2011 of New South Wales;(d) the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory;(e) the Work Health and Safety Act 2011 of Queensland;(f) the Work Health and Safety Act 2012 of South Australia;(g) the Workplace Health and Safety Act 1995 of Tasmania;(h) the Occupational Health and Safety Act 2004 of Victoria;(i) the Occupational Safety and Health Act 1984 of Western Australia.
5 Declaration of drug
For the purposes of paragraph (a) of the definition of drug in section 4 (Interpretation) of the Law, a substance included in a Schedule to the current Poisons Standard within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth is declared to be a drug.
6 Meaning of prescribed notifiable occurrence
A prescribed notifiable occurrence is a Category A notifiable occurrence (other than a Category A notifiable occurrence referred to in regulation 57(1)(a)(v)).
7 Railways to which Law does or does not apply
(1) For the purposes of section 7(1)(g) (Railways to which this Law does not apply) of the Law, the Law does not apply to the following—(a) in respect of New South Wales—any temporary, isolated railway used for the construction of tunnels by or on behalf of a public transport agency constituted under the Transport Administration Act 1988 of New South Wales;(b) in respect of Queensland—any cane railway that is operated entirely or partly on an access right under Chapter 2 Part 4 of the Sugar Industry Act 1999 of Queensland used, or proposed to be used, solely for the transportation of sugar cane, sugar or sugar cane by-products;(c) in respect of South Australia—the underground railway operated by Adelaide Aqua D&C Consortium for the purpose of the construction of saltwater intake and outfall tunnels for the Adelaide desalination plant at Port Stanvac;(d) in respect of Tasmania—any railway located in Tasmania used as a haulage way for operational and maintenance purposes in connection with the electricity supply industry within the meaning of the Electricity Supply Industry Act 1995 of Tasmania.(e) (Repealed)(2) Pursuant to section 7(3) (Railways to which this Law does not apply) of the Law, the Law applies to the following railways in New South Wales—(a) Campbelltown Steam and Machinery Museum;(b) Dorrigo Steam Railway and Museum Limited;(c) Guyra and District Historical Society Machinery Group;(d) Illawarra Light Railway Museum Society Limited;(e) Lake Macquarie Light Rail;(f) Millennium Parklands Railway;(g) New England Railway Inc;(h) Oberon Tarana Heritage Railway Inc;(i) Richmond Vale Preservation Co-operative Society Ltd;(j) Steam Tram and Railway Preservation Co-op Society Ltd;(k) Zig Zag Railway Co-op Ltd.Reg 7: Am 2017 (258), reg 4; 2019 (539), reg 4.
Part 1A Annual report provisions
pt 1A (Regs 7A–7D): Ins 2019 (263), reg 4.
7A Application
This Part applies for the purposes of section 43 (Annual report) of the Law.pt 1A (Regs 7A–7D): Ins 2019 (263), reg 4.
7B Auditors
(1) The financial statements in respect of a particular financial year must be audited—(a) by a public sector auditor; or(b) with the approval of the responsible Ministers—by an appropriately qualified auditor.(2) A person (other than a public sector auditor) must not audit the financial statements in respect of a particular financial year unless the person has been approved to do so by the responsible Ministers.(3) An auditor who has been approved by the responsible Ministers to audit the financial statements in respect of a particular financial year must satisfy the Regulator that the auditor has indeed been so approved.(4) In this regulation—appropriately qualified auditor means a registered company auditor who—(a) is a member of CPA Australia entitled to use the letters “CPA” or “FCPA” and who holds a current practice certificate issued by CPA Australia; or(b) is a member of the Institute of Chartered Accountants in Australia entitled to use the letters “CA” or “FCA” and who holds a current certificate of public practice issued by the Institute; or(c) is a member of the Institute of Public Accountants entitled to use the letters “MIPA” or “FIPA” and who holds a professional practice certificate issued by the Institute.pt 1A (Regs 7A–7D): Ins 2019 (263), reg 4.
7C Financial statements
The financial statement must—(a) be prepared in accordance with Australian Accounting Standards; and(b) be audited in accordance with the Australian Auditing Standards.pt 1A (Regs 7A–7D): Ins 2019 (263), reg 4.
7D Auditor not subject to direction
(1) An auditor who conducts an audit of the financial statements for the purposes of the annual report is not subject to direction by any person about—(a) the way in which the auditor’s functions in relation to the audit or report on the financial statement are to be performed; or(b) the priority to be given to the audit or report on the financial statement.(2) Despite subregulation (1)(b), the Regulator and the auditor may enter into an agreement to ensure an audit or report is provided in sufficient time for it to be included in the annual report to be delivered to the responsible Ministers under section 43(1) (Annual report) of the Law.(3) Subregulation (1) does not limit the functions of the Auditor General of a participating jurisdiction under whose authority an audit is being conducted or a report is being prepared.pt 1A (Regs 7A–7D): Ins 2019 (263), reg 4.
Part 2 Accreditation
8 Application for accreditation
For the purposes of section 64(2)(c) (Application for accreditation) of the Law, an application for accreditation must contain—(a) the following identification details of the applicant—(i) the applicant’s name;(ii) the applicant’s registered business name and trading name (if different from the registered business name);(iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);(iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and(b) the name and contact details of the person or persons appointed by the applicant—(i) to deal with any queries that the Regulator may have in relation to the application; and(ii) to deal with any queries that the Regulator may have in relation to accreditation; and(iii) to deal with any queries that the Regulator may have in relation to the safety management system; and(c) in the case of a rail infrastructure manager who does not own the rail infrastructure—documentary evidence that the manager has, or will have, management and control of the rail infrastructure; and(d) a description of the operational assets, or classes of operational assets, that the applicant intends to use or manage in the operations in respect of which the application is made, including any stations, signal and train control centres, signalling systems and rolling stock for service and maintenance activities; and(e) a description of the communications systems and network rules that the applicant intends to use in the operations in respect of which the application is made; and(f) in the case of a rolling stock operator—documentary evidence that the applicant has, or will have, effective management and control of the operation or movement of the rolling stock on rail infrastructure for a particular railway; and(g) if electrified railway tracks will be used—details of the electrification; and(h) details of the consultation undertaken by the applicant in relation to the applicant’s safety management system, including—(i) who was consulted; and(ii) when and how the consultation occurred; and(iii) the results of the consultation; and(i) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—(i) if the applicant is a body corporate—(A) that is a company within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with section 127 of that Act; or(B) in any other case—by its governing body;(ii) if the applicant is a partnership—by each partner;(iii) if the applicant is an unincorporated association or body—by its governing body; and(j) if any of the activities that the applicant intends to carry out under the accreditation are to be carried out by any other person on behalf of the applicant—(i) the name and contact details of each such person; and(ii) details of the activities that it is intended the person will carry out on behalf of the applicant.
9 Prescribed conditions and restrictions
(1) For the purposes of section 67(2)(a) (Determination of application) of the Law, any accreditation granted to a rail transport operator is subject to the following conditions and restrictions—(a) the operator must notify the Regulator in writing of any of the proposed decisions, proposed events or changes listed in column 2 of the table in accordance with the requirement specified in column 3 of the table with respect to that item—Table
10 Prescribed details for required notification
For the purposes of sections 67(4)(b)(i) (Determination of application) and 69(2)(b)(i) (Determination of application for variation) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 8(a).
11 Application for variation of accreditation
For the purposes of sections 68(3)(b) (Application for variation of accreditation) and 71 (Variation of conditions and restrictions) of the Law, an application for a variation of an accreditation, or an application for a variation of a condition or restriction imposed by the Regulator, must contain—(a) the details required by regulations 8(a) and 8(b); and(b) details of the scope and nature of the proposed variation; and(c) details of the changes that will be made to the applicant’s safety management system if the proposed variation occurs; and(d) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—(i) who was consulted; and(ii) when and how the consultation occurred; and(iii) the results of the consultation; and(e) evidence to demonstrate that the applicant has the competence and capacity to manage the risks to safety associated with the proposed variation.
Part 3 Registration of rail infrastructure managers of private sidings
12 Application for registration
(1) For the purposes of section 84(2)(a)(v) (Application for registration) of the Law, an application for registration must contain—(a) the following identification details of the applicant—(i) the applicant’s name;(ii) the applicant’s registered business name and trading name (if different from the registered business name);(iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);(iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and(b) the name and contact details of the person or persons appointed by the applicant—(i) to deal with any queries that the Regulator may have in relation to the application; and(ii) to be responsible for registration and to deal with any queries that the Regulator may have in relation to registration; and(c) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—(i) if the applicant is a body corporate—(A) that is a company within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with section 127 of that Act; or(B) in any other case—by its governing body;(ii) if the applicant is a partnership—by each partner;(iii) if the applicant is an unincorporated association or body—by its governing body; and(d) if any of the activities that the applicant intends to carry out under the registration are to be carried out by any other person on behalf of the applicant—(i) the name and contact details of each such person; and(ii) details of the activities that it is intended the person will carry out on behalf of the applicant; and(e) copies of any interface agreement to which the applicant is a party.(2) For the purposes of section 84(2)(a)(iv)(A) (Application for registration) of the Law, if the private siding is to be (or continue to be) connected with, or to have access to, a railway of an accredited person, an application for registration must contain the following details of the accredited person—(a) the person’s name;(b) the person’s registered business name and trading name (if different from the registered business name);(c) the person’s ACN if the person has an ACN (but, if not, the person’s ABN);(d) the person’s residential address or, in the case of a body corporate, registered business address.(3) For the purposes of section 84(2)(a)(iv)(B) (Application for registration) of the Law, if the private siding is to be (or continue to be) connected with, or to have access to, another private siding, an application for registration must contain the following—(a) details about the scale and complexity of the other private siding;(b) details about the extent of the railway track layout and other rail infrastructure of the other private siding;(c) details about the railway operations to be carried out in the other private siding;(d) the name and contact details of the owner of the other private siding.
13 Prescribed conditions and restrictions
For the purposes of section 86(2)(a) (Determination of application) of the Law, it is a condition of registration that the applicant must establish—(a) a scheme for the management of risks to safety associated with the railway operations to be carried out in the private siding that provides for—(i) processes for the identification of potential risks to the safety of rail operations carried out by the applicant for the purposes of developing a safety interface agreement; and(ii) so far as is reasonably practicable, processes for the identification of incidents and hazards and the assessment of all possible incidents and hazards identified; and(iii) a description of the control measures adopted by the applicant; and(iv) processes to ensure, so far as is reasonably practicable, that rail safety work is prioritised so that those hazards representing the greatest risk are given priority; and(v) details about how rail infrastructure within the private siding is to be maintained by the applicant; and(b) a risk register that includes—(i) a comprehensive listing of hazards; and(ii) risks associated with each hazard; and(iii) the control measures applicable to each hazard; and(iv) nomination of the person responsible for each control measure; and(v) key engineering, operational and maintenance standards applicable to each control measure.
14 Prescribed details for required notification
(1) For the purposes of section 86(3)(b)(i) (Determination of application) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 12(1)(a).(2) For the purposes of section 86(3)(b)(ii) (Determination of application) of the Law, the prescribed details of the private siding required to be specified in the notification are details of—(a) the location of the private siding; and(b) the railway operations to be carried out in the private siding.(3) For the purposes of section 88(2)(b)(i) (Determination of application for variation) of the Law, the prescribed details about the applicant required to be specified in the notification are the details required by regulation 12(1)(a).
15 Application for variation of registration
For the purposes of sections 87(3)(b) (Application for variation of registration) and 90 (Variation of conditions and restrictions) of the Law, an application for a variation of a registration or an application for a variation of a condition or restriction imposed by the Regulator, must contain—(a) details of the scope and nature of the proposed variation; and(b) details of the changes that will be made to the applicant’s scheme for the management of risks to safety associated with the railway operations to be carried out in the private siding if the proposed variation occurs; and(c) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—(i) who was consulted; and(ii) when and how the consultation occurred; and(iii) the results of the consultation.
Part 4 Safety management
Division 1 Safety management systems
16 Prescribed requirements for safety management system
A safety management system must provide for all of the matters listed in Schedule 1 that are relevant to the railway operations in respect of which the rail transport operator is accredited, or seeking to be accredited, and must provide a level of detail with respect to each of those matters that is appropriate having regard to the scope, nature and risks to safety of those operations, and to the operator’s duties under section 52 (Duties of rail transport operators) of the Law.
17 Review of safety management system
(1) A rail transport operator must comply with this regulation in conducting a review of the operator’s safety management system under section 102 (Review of safety management system) of the Law.(2) In conducting the consultation required by section 99(3) (Safety management system) of the Law before carrying out the review, the operator must ensure that those consulted are asked for their opinion on whether, and if so, how, the safety management system can be improved.(3) In conducting the review, the operator must ensure—(a) that the effectiveness of the safety management system is assessed (including an examination of the operator’s records in relation to notifiable occurrences and breaches of the system); and(b) that the effectiveness of any revisions that were made as a result of the last review are assessed; and(c) that any recommendations or issues arising out of any audits or safety investigations that have occurred since the last review are taken into account; and(d) that any issues arising from any prohibition or improvement notices that have been issued since the last review are taken into account; and(e) that any deficiencies in the system are identified; and(f) that methods of remedying any deficiencies are designed and assessed; and(g) that any opinions provided under subregulation (2) are assessed; and(h) that any other suggestions for improving the system that arise during the course of the review are assessed; and(i) if any deficiencies or practicable improvements are identified—that a plan is created to remedy those deficiencies or effect those improvements (as the case may be).(4) The outcomes of the review must be summarised and reported in the safety performance report required by section 103 (Safety performance reports) of the Law.
Division 2 Security management plans
18 Security management plan
For the purposes of section 112 (Security management plan) of the Law, a security management plan must include—(a) a list of the risks arising from the matters specified in section 112(1)(a) of the Law; and(b) a description of the preventative and response measures to be used to manage those risks, including a description of the policies, procedures and equipment and other physical resources that it is proposed to use for those measures, and of the training that it is proposed to provide; and(c) if the rail transport operator shares a location (such as a modal interchange or port) with 1 or more other transport operators—a description of the arrangements made with those other transport operators in relation to that location to prevent or respond to security incidents; and(d) procedures for the recording, reporting and analysis of security incidents; and(e) the allocation of security roles and responsibilities to appropriate people; and(f) provision for liaison, the sharing of information and for joint operations with emergency services, and with other transport operators who may be affected by the implementation of the plan; and(g) provision for the evaluation, testing and (if necessary) the revision, of security measures and procedures.
Division 3 Emergency management plans
19 Emergency management plan
(1) For the purposes of section 113(2)(b)(ii) (Emergency management plan) of the Law, when preparing an emergency management plan, a rail transport operator must consult (in addition to the people specified in section 99(3) (Safety management system) of the Law) with—(a) any government agency with emergency management functions with respect to the area to which the plan relates; and(b) any other rail transport operator who may be affected by the implementation of the plan; and(c) any of the following that may be required to assist in the implementation of the plan—(i) an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of a participating jurisdiction or the Commonwealth;(ii) a person who, under the authority of an Act of a participating jurisdiction, is permitted to own or use a pipeline, or is licensed to construct or operate a pipeline;(iii) a provider of public transport.(2) An emergency management plan prepared for the purposes of section 113 (Emergency management plan) of the Law must address—(a) the types or classes of foreseeable emergencies; and(b) the consequences of each type or class of those emergencies, including estimates of the likely magnitude and severity of the effects of each type or class; and(c) the risks to safety arising from those emergencies; and(d) methods to mitigate the effects of those emergencies; and(e) initial response procedures for dealing with those emergencies and the provision of rescue services; and(f) recovery procedures for the restoration of railway operations and the assistance of people affected by the occurrence of those emergencies; and(g) the allocation of emergency management roles and responsibilities within the rail transport operator’s organisation, and between the operator and other organisations; and(h) call out procedures; and(i) the allocation of personnel for the on site management of those emergencies; and(j) procedures for liaison with relevant emergency services, including information about the circumstances in which the emergency services are to be immediately contacted; and(k) procedures to ensure that emergency services are provided with all the information that is reasonably required to enable them to respond effectively to an emergency; and(l) procedures for effective communications and cooperation throughout the emergency response; and(m) procedures for ensuring site security and the preservation of evidence.
20 Keeping, maintaining and testing emergency management plan
(1) A rail transport operator must ensure, so far as is reasonably practicable, that all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the emergency management plan—(a) are provided with information (including by way of briefings and appropriate education programs) about the relevant elements of the plan; and(b) are able to do anything that may be required of them under the plan.(2) The rail transport operator must test the emergency management plan, or elements of the plan, to ensure that the plan remains effective—(a) at the intervals set out in the plan; and(b) after any significant changes are made to the plan.(3) In preparing an emergency management plan, the rail transport operator must, if it is reasonably practicable to do so, determine intervals for the purposes of subregulation (2)(a) in conjunction with the emergency services.(4) When testing the emergency management plan, or elements of the plan, the rail transport operator must, so far as is reasonably practicable, arrange for participation in the testing by the relevant emergency services.(5) The rail transport operator must ensure that in-house exercises to test the emergency management plan are undertaken as often as is necessary, in the opinion of the operator, to ensure that the plan will be properly implemented should an emergency arise.(6) A rail transport operator must ensure that the emergency management plan is comprehensible, and is readily accessible at all times, to—(a) all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the plan; and(b) all other rail transport operators who may be affected by the plan; and(c) any person or body referred to in regulation 19(1)(c); and(d) emergency services.
Division 4 Network rules
21 Interpretation
In this Division—amendment of network rules includes removing, adding or substituting a rule;stakeholders, in relation to railway operations in respect of which a rail infrastructure manager is required to be accredited, means—(a) rolling stock operators who operate or move rolling stock on rail infrastructure of the manager; and(b) any other rail infrastructure managers of rail infrastructure that connects with or has access to the rail infrastructure of the manager; and(c) if the safety of the railway operations of any other rail infrastructure managers may be affected by the network rules of the manager—those other rail infrastructure managers; and(d) persons likely to be affected by the network rules of the rail infrastructure manager, being persons who—(i) carry out the railway operations in respect of which the manager is required to be accredited; or(ii) work on or at the manager’s railway premises; or(iii) carry out the operation or movement of rolling stock on rail infrastructure of the manager; and(e) health and safety representatives (within the meaning of the occupational health and safety legislation) representing any of the persons referred to in paragraph (d); and(f) any union representing any of the persons referred to in paragraph (d).
22 Establishing and amending network rules
(1) Subject to regulation 23, a rail infrastructure manager must, before establishing or amending network rules in relation to railway operations in respect of which the manager is required to be accredited—(a) give written notice of the proposed rules or proposed amendment to—(i) the Regulator; and(ii) so far as is reasonably practicable, the stakeholders; and(b) specify the date (being not earlier than 28 days after the notice is given) by which submissions may be made to the rail infrastructure manager about the proposed rules or proposed amendment; and(c) specify the date (being not earlier than 28 days after the date on which submissions close) on which it is proposed to commence the rules or the amendment.Maximum penalty—$10 000.(2) The rail infrastructure manager must consider all submissions received under subregulation (1) and determine whether to proceed with the proposed network rules or proposed amendment to the network rules.
23 Emergency amendments to network rules
(1) This regulation applies if a rail infrastructure manager identifies an immediate risk to safety resulting from exceptional circumstances or an emergency that requires an amendment to the manager’s network rules.(2) The rail infrastructure manager may amend the network rules if the manager complies with this regulation.(3) Before making the amendment, the rail infrastructure manager must—(a) take reasonable steps to notify the stakeholders of the proposed amendment and the reasons for that change; and(b) take appropriate steps to mitigate any reasonably foreseeable adverse consequences arising from implementation of the proposed amendment without stakeholders being informed of the amendment; and(c) notify the Regulator of the proposed emergency amendment in the manner approved by the Regulator for the purpose of this regulation.(4) An amendment made under this regulation ceases to have effect 180 days after it is implemented, unless the rail infrastructure manager complies with regulation 22.(5) A rail infrastructure manager that implements an amendment under this regulation to deal with temporary circumstances must withdraw the amendment if circumstances change so that the amendment is no longer necessary, or the circumstances no longer exist.(6) A rail infrastructure manager who withdraws an amendment to the network rules under subregulation (5) must—(a) take reasonable steps to notify the stakeholders; and(b) notify the Regulator in the manner approved by the Regulator for the purposes of this regulation.
Division 5 Interface agreements
24 Interface coordination—rail infrastructure and public roads
For the purposes of section 107 (Interface coordination—rail infrastructure and public roads) of the Law, the following public roads are prescribed public roads—(a) the Kwinana Freeway between its northern extremity and where it intersects Thomas Road, Bertram in Western Australia;(b) the Mitchell Freeway in Western Australia.
25 Interface coordination—rail infrastructure and private roads
For the purposes of section 108(1)(b) (Interface coordination—rail infrastructure and private roads) of the Law, the protocol made under section 21 of the AustralAsia Railway (Special Provisions) Act of the Northern Territory on 25 March 2004 and published in the Northern Territory Government Gazette No. G13 on 31 March 2004, is prescribed.
Division 6 Disclosure of train safety recordings
26 Disclosure of train safety recordings
(1) For the purposes of section 131(e) (Disclosure of train safety recordings) of the Law, a train safety recording may be published or communicated by and to the persons set out in subregulation (2), for the following purposes—(a) the analysis or monitoring of railway operations or rail safety or related matters;(b) without limiting paragraph (a), the auditing of compliance by rail safety workers with any systems, procedures, instructions, orders, notices or undertakings relating to the carrying out of railway operations.(2) A train safety recording may be published or communicated by—(a) a rail transport operator, or an employee or a contractor of the operator, to another rail transport operator or an employee or a contractor of another operator; or(b) an employee or contractor of a rail transport operator to the operator or another employee or contractor of the operator; or(c) a rail transport operator to an employee or contractor of the operator.(3) For the purposes of section 131(e) (Disclosure of train safety recordings) of the Law, a train safety recording may be published or communicated by or on behalf of a rail transport operator to the Regulator.
Part 5 Rail safety workers
27 Health and fitness management program
For the purposes of section 114 (Health and fitness management program) of the Law, a rail transport operator must have, and must implement, a health and fitness program for rail safety workers that complies with the National Standard for Health Assessment of Rail Safety Workers, published by the National Transport Commission, as amended from time to time.
28 Drug and alcohol management program
(1) For the purposes of section 115 (Drug and alcohol management program) of the Law, a drug and alcohol management program of a rail transport operator must include the following—(a) a drug and alcohol policy that sets out the objectives of the rail transport operator with respect to drug and alcohol management in the workplace;(b) systems and procedures for the provision of information and education to rail safety workers in relation to the drug and alcohol management program;(c) systems and procedures to ensure the confidentiality of personal information obtained from, or in respect of, a rail safety worker in relation to drug or alcohol testing, counselling, treatment or rehabilitation;(d) details of the drug and alcohol testing regime, including testing procedures and procedures for the management of rail safety workers in respect of the results of such testing and systems and procedures in relation to the response of the rail transport operator to a prescribed incident;(e) measures in accordance with subregulation (6).(1a) For the purposes of subregulation (1)(d), the drug and alcohol testing regime of a rail transport operator required to be accredited in respect of railway operations carried out outside New South Wales must include the following—(a) if a rail safety worker is involved, or is reasonably suspected of having been involved, in a prescribed incident while carrying out rail safety work outside New South Wales in respect of the operator’s railway operations, the operator must require the worker to undergo drug and alcohol testing, in accordance with the requirements of the operator’s drug and alcohol management program, unless—(i) the drug and alcohol testing has been conducted by a police officer or the Regulator; or(ii) the operator is notified by the Regulator that the drug or alcohol testing is not required; or(iii) there is a reasonable excuse for not doing so;(b) (unless notice has been given in accordance with the requirements of regulation 57(2)(a)) the rail transport operator must, immediately after becoming aware of a prescribed incident, notify the Regulator, in a manner approved by the Regulator, of the occurrence of the incident.(2) For the purposes of subregulation (1)(d), the drug and alcohol testing regime of a rail transport operator required to be accredited in respect of railway operations carried out within New South Wales must include the following—(a) in relation to drug and alcohol testing—(i) in each year on a random basis using risk management principles to select rail safety workers (being not less than 25% of all rail safety workers carrying out rail safety work within New South Wales in relation to the operator’s railway operations), the operator must require the workers to submit to a preliminary breath test or breath analysis, or to provide a urine sample; and(ii) if a rail safety worker is involved, or is reasonably suspected of having been involved, in a prescribed incident while carrying out rail safety work within New South Wales in respect of the operator’s railway operations, the operator must, unless there is a reasonable excuse for not doing so, require the worker to undergo, within 3 hours immediately after the incident, drug and alcohol testing; and(iii) that testing referred to in either of the preceding subparagraphs must be carried out by an authorised person engaged by the operator for that purpose;(b) that the operator must notify the Regulator, in a form approved by the Regulator, of—(i) an analysis of blood confirming the presence of a drug in the blood of a rail safety worker; and(ii) an analysis of blood confirming that the prescribed concentration of alcohol is present in the rail safety worker’s blood; and(iii) an analysis of urine confirming the presence of a drug in the urine of a rail safety worker; and(iv) a breath test indicating that the prescribed concentration of alcohol is present in a rail safety worker’s breath or blood; and(v) a breath analysis confirming that the prescribed concentration of alcohol is present in a rail safety worker’s breath or blood; and(vi) any rail safety worker who, when required to do so under the drug and alcohol management program of the operator, fails to undergo a breath test, undergo a breath analysis, or provide a sample of blood or urine; and(vii) any incident or suspected incident involving the interference or tampering with, or the destruction of, a sample of a person’s blood or urine provided or taken under the drug and alcohol management program of the operator in contravention of that program; and(viii) any incident or suspected incident involving something being done in contravention of the drug and alcohol management program of the operator to introduce, or alter the concentration of, alcohol or any other drug in a rail safety worker’s breath, blood or urine before the worker submitted to a breath analysis or provided a sample of blood or urine under that program.(3) Subregulation (2)(a)(i) does not apply to the railway operations of a rail transport operator insofar as those operations relate to the operation of a heritage railway.(4) Subregulations (1a)(a) and (2)(a)(ii) place an evidential burden on the accused to show a reasonable excuse.(5) The drug and alcohol management program of a rail transport operator must provide for the following measures to be taken by or on behalf of the operator—(a) the establishment of rules relating to the use of drugs and alcohol by rail safety workers (including prohibitions and restrictions on use);(b) the identification of rail safety workers who have alcohol or other drug related problems and, where appropriate, referral of those workers to assessment, treatment, counselling or rehabilitation.(6) The drug and alcohol management program of a rail transport operator must set out the obligations of rail safety workers with respect to the management of alcohol and other drug use and the actions that may be taken by the operator if there is a breach of those obligations, including the following—(a) a requirement that a rail safety worker notify the operator, or a nominated person, if the worker is aware that the ability of the worker, or another worker, to carry out rail safety work may be impaired by alcohol or any other drug;(b) the provision of education and rehabilitation measures for rail safety workers, including provision for information to be provided about referral to counselling, treatment and rehabilitation services where appropriate;(c) the provision of information to rail safety workers about their responsibilities and obligations in relation to alcohol and other drug use under an application Act of a participating jurisdiction and the Law;(d) the provision of information to rail safety workers with respect to the effect of alcohol and other drugs and the possible disciplinary action and other penalties that may apply if a rail safety worker fails to comply with the drug and alcohol management program;(e) appeals and grievance mechanisms for dealing with complaints about the application of disciplinary action and other penalties, or the implementation of the drug and alcohol management program;(f) protocols for fair procedures relating to the operation of the drug and alcohol management program.(7) For the purposes of this regulation—heritage railway means a railway operation principally involving the restoration, preservation or operation of vintage rolling stock;prescribed incident means—(a) in the case of a rail transport operator required to be accredited in relation to railway operations carried out outside New South Wales—any of the following that occurs on railway premises (being premises used in connection with the carrying out of railway operations by the operator outside New South Wales)—(i) a running line collision between rolling stock;(ii) a collision at a level crossing between rolling stock and either a road vehicle or a person;(iii) the derailment of rolling stock (other than a road rail vehicle) on a running line;(iv) a fatality other than a fatality as a result, or reasonably suspected of being as a result, of suicide;(v) a serious injury to a person other than as a result of a slip, trip or fall;(vi) an incident resulting in, or in relation to which there was a reasonable possibility of, an impact between—(A) rolling stock and persons conducting track work; or(B) rolling stock and equipment associated with, or being used for, track work; or(C) moveable plant, machinery or equipment and persons within an area in which track work is being conducted;(vii) an incident where a train or any part of a train exceeds the limits of an authorised movement and there was sufficient time for a rail safety worker driving the train to comply with the authorisation;(viii) an incident where a train exceeds the limits of an authorised movement due to a proceed authority being incorrectly given to the rail safety worker driving the train;(ix) a rolling stock run away that exceeds the limits of an authorised movement for the rolling stock;(b) in the case of a rail transport operator required to be accredited in respect of railway operations carried out within New South Wales—any of the following that occurs on railway premises (being premises used in connection with the carrying out of railway operations by the operator in New South Wales)—(i) a collision between rolling stock;(ii) a collision between rolling stock and a person;(iii) a collision between rolling stock and a road vehicle or plant equipment;(iv) the derailment of rolling stock;(v) a breach of the rail infrastructure manager’s network rules;(vi) any other incident that the Regulator may, by notice in writing to a rail transport operator, declare to be a type of prescribed incident in respect of the operator’s railway operations;road-rail vehicle means a vehicle designed to operate both on and off a railway.Reg 28: Am 2019 (263), reg 5 (1)–(4).
29 Fatigue risk management program
(1) For the purposes of section 116 (Fatigue risk management program) of the Law, when preparing a fatigue risk management program, a rail transport operator must take into account, and assess, any fatigue-related risks to safety arising from factors, including the following—(a) scheduling of work and non-work periods, including time-on-task and rest opportunities in shifts and the total period of time in which work is being carried out;(b) call-in, on-call and lift-up and lay-back arrangements and extended hours of work, including overtime;(c) the impact of work scheduling and relief practices generally on social and psychological factors that may impact on performance and safety, including the effect of scheduling practices, schedule predictability and irregularity and control over work hours on sleep loss, performance and safety;(d) physiological factors arising out of work practices affecting rail safety workers, such as the effect on worker alertness and recovery of the time when work is undertaken, the length and frequency of breaks, commuting time, circadian effects, extended wakefulness, chronic sleep loss effects, and sleep inertia;(e) the kinds of rail safety work being carried out, including—(i) work that requires significant physical exertion or high cognitive task demand; and(ii) the degree of monotony or boredom or low cognitive task demand of the work;(f) the variations in shifts and rest periods that may be required by different rail safety work requirements, including different routes, crew-call practices and predictability of working hours;(g) the suitability of rest environments, including barracks, rest houses and relay vans provided for rail safety workers by the operator;(h) the physical environment in which rail safety work is to be carried out, including climatic conditions, noise, vibration and fumes;(i) fatigue risks arising from any one-off or occasional circumstances in which rail safety work may be required to be carried out, including in emergencies or under degraded or abnormal conditions, subject to the working hours being dependent on the rail safety workers’ indication of their fitness to continue;(j) relevant developments in research related to fatigue and any technology that may be applied to manage work-related fatigue.(2) A rail transport operator’s fatigue risk management program must establish and maintain documented procedures to manage, so far as is reasonably practicable, fatigue related risks, including—(a) specified work scheduling practices and procedures that provide for—(i) safe hours of work; and(ii) safe periods of time between shifts; and(iii) sufficient rail safety workers to be available to meet reasonably foreseeable demands for relief arrangements; and(b) provisions for monitoring of hours of work, in particular—(i) procedures for monitoring how actual hours of work of rail safety workers compare with planned hours of work for rail safety workers; and(ii) procedures for monitoring the impact to changes to planned rosters due to shift swapping, overtime and on-call working; and(c) provision of appropriate education and information in relation to the identification and management of fatigue risks that are relevant to the rail safety work being undertaken.(3) For the purposes of subregulation (2)(a)(i) and (ii), hours of work or periods of time between shifts are taken to be safe if the effect of implementing those hours or periods is sufficient to manage risks arising from fatigue so far as is reasonably practicable.(4) In addition to the requirements of the preceding subregulations, if a rail safety worker carries out rail safety work that includes—(a) work of a kind referred to in Schedule 2 Part 1 in connection with railway operations in New South Wales in respect of which a rail transport operator is required to be accredited—the operator must comply at least with the work scheduling practices and procedures set out in Schedule 2 Part 1, insofar as the worker is required to carry out any rail safety work in New South Wales; or(b) work of a kind referred to in Schedule 2 Part 2 in connection with railway operations in Queensland in respect of which a rail transport operator is required to be accredited—the operator must comply at least with the work scheduling practices and procedures set out in Schedule 2 Part 2, insofar as the worker is required to carry out any rail safety work in Queensland.NoteThe requirements of Schedule 2 do not preclude other conditions of work (such as shorter or less frequent shifts than those specified in the Schedule) from being provided by a rail transport operator to which this subregulation applies for the purposes of managing fatigue related risks.(5) In this regulation—lift-up and lay-back arrangement means an arrangement where a rail safety worker commences a shift at an earlier or later time than the time for which the worker was originally rostered.Reg 29: Am 2017 (259), reg 4.
30 Records of competence
For the purposes of section 117(6) (Assessment of competence) of the Law, a rail transport operator must maintain records of the competence of rail safety workers who carry out rail safety work on or in relation to the operator’s rail infrastructure or rolling stock that include details of—(a) the rail safety training undertaken by each rail safety worker, including when the training was undertaken and its duration; and(b) the qualifications and competencies of each rail safety worker, including, if applicable—(i) the units of competence attained by the worker; and(ii) the level of qualification attained; and(iii) if and when a re-assessment of competence is to be conducted; and(iv) if and when re-training is due; and(v) the date any re-training is undertaken; and(c) the name of the organisation who conducted the training or re-training; and(d) the name and qualifications of the person who assessed the competence of the rail safety worker.
Part 6 Exemptions granted by Regulator
31 Application for exemption
For the purposes of section 205(2)(c) (Application for exemption) of the Law, an application for an exemption must contain—(a) the following identification details of the applicant—(i) the applicant’s name;(ii) the applicant’s registered business name and trading name (if different from the registered business name);(iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);(iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and(b) the name and contact details of the person or persons appointed by the applicant—(i) to deal with any queries that the Regulator may have in relation to the application; and(ii) to be responsible for the exemption and to deal with any queries that the Regulator may have in relation to the exemption; and(c) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—(i) if the applicant is a body corporate—(A) that is a company within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with section 127 of that Act; or(B) in any other case—by its governing body;(ii) if the applicant is a partnership—by each partner;(iii) if the applicant is an unincorporated association or body—by its governing body; and(d) if any of the activities that the applicant intends to carry out in respect of which the exemption is sought are to be carried out by another person on behalf of the applicant—(i) the name and contact details of each such person; and(ii) details of the activities that it is intended that the person will carry out on behalf of the applicant; and(e) evidence of the applicant’s competence and capacity to manage risks to safety associated with the railway operations in respect of which the exemption is sought; and(f) evidence of the applicant’s financial capacity, or public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations in respect of which the exemption is sought.
32 Prescribed details for required notification
(1) For the purposes of section 207(3)(b)(i) (Determination of application) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 31(a).(2) For the purposes of section 209(2)(b)(i) (Determination of application for variation) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 31(a).
33 Application for variation of an exemption
For the purposes of sections 208(3)(b) (Application for variation of an exemption) and 211 (Variation of conditions and restrictions) of the Law, an application for a variation of an exemption, or an application for a variation of a condition or restriction imposed by the Regulator, must contain—(a) details of the scope and nature of the proposed variation; and(b) details of the changes that will be made to the applicant’s scheme for the management of risks to safety associated with the railway operations to be carried out if the proposed variation occurs; and(c) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—(i) who was consulted; and(ii) when and how the consultation occurred; and(iii) the results of the consultation.
Part 7 Infringement penalty provisions
34 Infringement penalty provisions
For the purposes of these regulations, an infringement penalty provision is a provision of these regulations specified in an item in the Table at the foot of this regulation.
Part 8 Application of certain South Australian Acts to the Law
Division 1 Application of South Australian FOI Act
35 Interpretation
In this Division—FOI Act means the Freedom of Information Act 1991 of South Australia.
36 Application of FOI Act
For the purposes of section 263 (Application of certain South Australian Acts to this Law) of the Law, this Division sets out modifications of the FOI Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.
37 Modifications of FOI Act for purposes of national rail safety scheme
The FOI Act applies—(a) as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act 1972 of South Australia;(b) section 4(1), definition of agency—as if the following paragraph were inserted after paragraph (f) of the definition—(fa) the Office of the National Rail Safety Regulator (ONRSR); or(c) section 4(1), definition of government—as if government referred to the government of each participating jurisdiction;(d) section 4(1)—as if the following definition were inserted after the definition of officer—participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;(e) section 4(1), definition of State Government agency—as if the ONRSR were excluded from the definition;(ea) section 4(1)—as if the following definitions were inserted after the definition of principal officer—Rail Safety National Law means the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012;Regulator means the Regulator appointed under the Rail Safety National Law;(f) section 9(1a)—as if subsection (1a) were deleted and the following subsection substituted—(1a) ONRSR must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in ONRSR’s annual report and on ONRSR’s website.(g) section 21(1)(b)—as if the reference to Parliament were a reference to the Parliament of a participating jurisdiction;(h) section 53(2)(b)—as if paragraph (b) were deleted;(i) as if section 54AA were deleted and the following section substituted—54AA Keeping of records etc(1) ONRSR must comply with any requirements notified by the Minister in the Gazette as to the keeping of records and information for the purposes of monitoring compliance with this Act.(2) The annual report of ONRSR must include the information referred to in subsection (1).(j) Schedule 1—as if a reference to Cabinet were a reference to the Cabinet of a participating jurisdiction;(k) Schedule 1—as if a reference to Executive Council were a reference to the Executive Council (by whatever name) of a participating jurisdiction;(ka) Schedule 1, clause 4(2)(a)(iii)—as if “revenue law” were deleted and “rail safety law” were substituted;(kb) Schedule 1, clause 4(2)(a)(iv)—as if “or managing rail safety” were inserted after “public safety”;(kc) Schedule 1, clause 7(1)(c)(ii)(A)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator” were substituted;(kd) Schedule 1, clause 9(1)(a)(ii)—as if “including by, or with, a committee of ONRSR” were inserted after “taken place”;(ke) Schedule 1, clause 9(1)(a)—as if “an agency” were deleted and “ONRSR or the Regulator” were substituted;(kf) Schedule 1, clause 13(1)(b)(i)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator in a co-regulatory environment” were substituted;(l) Schedule 1, clause 13(2) to (7)—as if subclauses (2) to (7) (inclusive) were deleted;(la) Schedule 1—as if the following clauses were inserted after clause 19—20 Exempt documents communicated between ONRSR or Regulator and Transport and Infrastructure Council and responsible Ministers etcThe following documents are exempt documents—(a) a document that contains information from a communication between ONRSR or the Regulator and either of the following—(i) a member of the Transport and Infrastructure Council (or such other body that may, from time to time, be a body in substitution of the Council);where the information relates to the business or proceedings of the Transport and Infrastructure Council (or substituted body);(ii) a government agency of a participating jurisdiction,(b) a document that contains information from a communication between ONRSR or the Regulator and a responsible Minister (within the meaning of the Rail Safety National Law).21 Information or documents provided under the Rail Safety National Law in abrogation of privilege against self-incriminationA document is an exempt document if it contains information obtained from a person answering a question or providing information or a document under the Rail Safety National Law that the person would otherwise have been excused from providing on grounds that the answer, information or document may tend to incriminate the person.(m) with any other modifications that are necessary.Reg 37: Am 2019 (263), reg 6 (1)–(3).
38 Conferral of jurisdiction on District Court of South Australia
For the purposes of the FOI Act as applied under section 263 of the Law, the District Court of South Australia has jurisdiction under Part 5 Division 2 of the FOI Act to hear and determine an appeal from the ONRSR or a person in a participating jurisdiction insofar as that appeal is made under a law of a participating jurisdiction.
39 Modification of Freedom of Information (Fees and Charges) Regulations
The Freedom of Information (Fees and Charges) Regulations 2003 of South Australia apply—(a) regulation 3, definition of concession cardholder, (a)(ii)—as if subparagraph (ii) were deleted and the following subparagraph substituted—(ii) issued by a participating jurisdiction,(b) regulation 6—as if the regulation were deleted.
40 Disapplication of other regulations
The Freedom of Information (Exempt Agency) Regulations 2008 and the Freedom of Information (General) Regulations 2002 do not apply as laws of a participating jurisdiction for the purposes of the national rail safety scheme.
Division 2 Application of South Australian Ombudsman Act
41 Interpretation
In this Division—Ombudsman Act means the Ombudsman Act 1972 of South Australia.
42 Application of Ombudsman Act
For the purposes of section 263 (Application of certain South Australian Acts to this Law) of the Law, this Division sets out modifications of the Ombudsman Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.
43 Modifications of Ombudsman Act for purposes of national rail safety scheme
The Ombudsman Act applies—(a) as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act;(b) section 3(1), definition of agency to which this Act applies—as if the following paragraph were inserted after paragraph (d) of the definition—(da) the Office of the National Rail Safety Regulator (ONRSR); or(c) section 3(1)—as if the following definition were inserted after the definition of officer of the Ombudsman—participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;(d) section 14—as if the section were deleted;(e) section 15(3)—as if a reference to a member of either House of Parliament were a reference to a member of Parliament of a participating jurisdiction;(f) section 30(1) and (2)—as if a reference to this or any other Act were a reference to this Act as it applies as a law of a participating jurisdiction or any other Act of a participating jurisdiction;(g) section 30(3), definition of member of the Ombudsman’s staff—as if a reference to this Act were a reference to this Act as it applies as a law of a participating jurisdiction;(h) with any other modifications that are necessary.
44 Conferral of function on Ombudsman of South Australia
For the purposes of the Ombudsman Act as applied under section 263 of the Law, the Ombudsman under the Ombudsman Act has the functions under the Ombudsman Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.
45 Conferral of jurisdiction on Supreme Court of South Australia
For the purposes of the Ombudsman Act as applied under section 263 of the Law, the Supreme Court of South Australia has jurisdiction to hear and determine an application under section 28 of the Ombudsman Act insofar as that application is made under a law of a participating jurisdiction.
Division 3 Application of South Australian Public Finance and Audit Act
46 Interpretation
In this Division—PFA Act means the Public Finance and Audit Act 1987 of South Australia.
47 Application of Public Finance and Audit Act
For the purposes of section 263 (Application of certain South Australian Acts to this Law) of the Law, this Division sets out modifications of the PFA Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.
48 Modifications of PFA Act for purposes of national rail safety scheme
The PFA Act applies—(a) as if a reference to the Auditor-General were a reference to the Auditor-General under the PFA Act;(b) Section 4(1)—as if the following definition were inserted after the definition of imprest account—participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;(c) section 4(1), definition of —as if the following paragraph were inserted after paragraph (c) of the definition—(ca) the Office of the National Rail Safety Regulator (ONRSR); or(d) Part 2—as if the Part were deleted;(e) section 31(2)—as if the following were inserted after “efficiency”—, effectiveness(f) section 32—as if the section were deleted;(g) Part 3 Division 4—as if Division 4 were deleted;(h) section 36(1)(a)(i)—as if subparagraph (i) were deleted;(i) subject to paragraph (j)—as if a reference to the Treasurer were a reference to the Treasurer of a participating jurisdiction;(j) section 39(2)—as if the reference to the Treasurer were a reference to the Treasurer of South Australia;(k) as if a reference to the President of the Legislative Council and the Speaker of the House of Assembly were a reference to the presiding member of each House of Parliament of a participating jurisdiction;(l) Part 4—as if the Part (other than sections 42 and 43) were deleted;(m) with any other modifications that are necessary.
49 Conferral of function on Auditor-General of South Australia
For the purposes of the PFA Act as applied under section 263 of the Law, the Auditor-General of South Australia has the functions under the PFA Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.
50 Conferral of jurisdiction on Supreme Court of South Australia
For the purposes of the PFA Act as applied under section 263 of the Law, the Supreme Court of South Australia has jurisdiction to hear and determine an application under section 34 of the PFA Act insofar as that application is made under a law of a participating jurisdiction.
51 Disapplication of regulations
The Public Finance and Audit Regulations 2002 do not apply as a law of a participating jurisdiction for the purposes of the national rail safety scheme.
Division 4 Application of South Australian State Records Act
52 Interpretation
In this Division—State Records Act means the State Records Act 1997 of South Australia.
53 Application of State Records Act
For the purposes of section 263 (Application of certain South Australian Acts to this Law) of the Law, this Division sets out modifications of the State Records Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.
54 Modifications of State Records Act for purposes of national rail safety scheme
The State Records Act applies—(a) as if a reference to the Manager, or Manager of State Records, were a reference to the Manager of State Records under the State Records Act;(b) as if a reference to State Records were a reference to the office of State Records established under the State Records Act;(c) as if a reference to the State Records Council were a reference to the State Records Council established under the State Records Act;(d) section 3(1), definition of agency—as if the following paragraph were inserted after paragraph (e) of the definition—(ea) the Office of the National Rail Safety Regulator (ONRSR); or(e) Section 3(1)—as if the following definition were inserted after the definition of official record—participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;(f) with any other modifications that are necessary.
55 Conferral of functions on South Australian Manager and Council
(1) For the purposes of the State Records Act as applied under section 263 of the Law, the Manager of State Records under the State Records Act has the functions under the State Records Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.(2) For the purposes of the State Records Act as applied under section 263 of the Law, the State Records Council under the State Records Act has the functions under the State Records Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.
Part 9 Miscellaneous
56 Periodic information to be supplied
(1) For the purposes of section 120(3) (Power of Regulator to obtain information from rail transport operators) of the Law, a rail transport operator must provide the Regulator with a monthly return that sets out the following information—(a) in respect of the whole of the month—(i) the number of drug and alcohol tests conducted by the rail transport operator, including—(A) the type of tests conducted; and(B) the class of rail safety work undertaken by the rail safety workers who were tested; and(C), (D) (Repealed)(ii) in the case of a rail transport operator who is a rail infrastructure manager—the length, in kilometres, of track over which the manager has effective management and control;(iii) in the case of a rail transport operator who is a rolling stock operator—(A) the number of kilometres travelled by passenger trains over which the operator has effective management and control;(B) the number of kilometres travelled by freight trains over which the operator has effective management and control;(C) the number of kilometres travelled by self propelled infrastructure maintenance vehicles over which the operator has effective management and control;(D) the number of journeys (either estimated or actual) made by passengers in urban areas on passenger trains over which the operator has effective management and control;(E) the number of journeys (either estimated or actual) made by passengers in non-urban areas on passenger trains over which the operator has effective management and control; and(b) as on the last working day of the month—the number of employees of the rail transport operator engaged to undertake rail safety work in respect of a railway over which the operator has effective management and control.(2) In providing a monthly return, the rail transport operator must set out the particulars of the information required under subregulation (1) in relation to this jurisdiction and every other participating jurisdiction in respect of which the rail transport operator is accredited.(3) The rail transport operator must provide the monthly return required under subregulation (1) to the Regulator as soon as practicable after the end of each month, and not later than the 21st day of the following month, or before any other date or period specified by the Regulator.(4) (Repealed)Reg 56: Am 2015 (318), reg 4; 2017 (257), reg 4; 2019 (263), reg 7.
57 Reporting of notifiable occurrences
(1) For the purposes of this regulation—(a) any of the following notifiable occurrences is a Category A notifiable occurrence—(i) an accident or incident that has caused death, serious injury or significant property damage;(ii) a running line derailment;(iii) a running line collision between rolling stock;(iv) a collision at a level crossing between rolling stock and either a road vehicle or a person;(v) a suspected terrorist attack;(vi) an accident or incident involving a significant failure of a safety management system that could have caused death, serious injury or significant property damage;(vii) any other accident or incident likely to generate immediate or intense public interest or concern;(b) any of the following notifiable occurrences is a Category B notifiable occurrence (unless that occurrence is also a Category A notifiable occurrence)—(i) a derailment, other than a running line derailment;(ii) a collision involving rolling stock, other than a collision described in paragraph (a)(iii) or (iv);(iii) an incident at a level crossing, other than a collision described in paragraph (a)(iv);(iv) an incident in which a vehicle or vessel strikes an associated railway track structure;(v) the passing of a stop signal, or a signal with no indication, by rolling stock without authority;(vi) an accident or incident where rolling stock exceeds the limits of authorised movement given in a proceed authority;(vii) a rolling stock run-away;(viii) a failure of a signalling or communications system that endangers, or that has the potential to endanger, the safe operation of trains or the safety of people, or to cause damage to adjoining property;(ix) any slip, trip or fall by a person on railway premises;(x) a person being caught in the door of any rolling stock;(xi) a person suffering from an electric shock directly associated with railway operations;(xii) any situation where a load affects, or could affect, the safe passage of trains or the safety of people, or cause damage to adjoining property;(xiii) an accident or incident involving dangerous goods that affects, or could affect, the safety of railway operations or the safety of people, or cause damage to property;(xiv) any breach of a network rule;(xv) any breach of the work scheduling practices and procedures set out in the rail transport operator’s fatigue risk management program;(xvi) the detection of an irregularity in any rail infrastructure (including electrical infrastructure) that could affect the safety of railway operations or the safety of people;(xvii) the detection of an irregularity in any rolling stock that could affect the safety of railway operations;(xviii) a fire or explosion on, in, or near, rail infrastructure or rolling stock that endangers the safety of railway operations or the safety of 1 or more people, or causes service terminations or track or station closures;(xix) any incident on railway property where a person inflicts, or is alleged to have inflicted, an injury on another person;(xx) a suspected attempt to suicide;(xxi) the notification that a rail safety worker, when required to do so under the drug and alcohol management program of a rail transport operator, has failed to submit to a test in accordance with the testing regime set out in the operator’s drug and alcohol management program;(xxia) the notification that a rail safety worker has returned a result to a test undergone by the worker in accordance with the testing regime set out in the drug and alcohol management program of a rail transport operator that suggests that the worker was in breach of the operator's drug and alcohol management program at a relevant time;(xxii) the infliction of wilful or unlawful damage to, or the defacement of, any rail infrastructure or rolling stock that could affect the safety of railway operations or the safety of people;(xxiii) a security incident associated with railway premises that affects the safety of railway operations, including an act of trespass, vandalism, sabotage or theft that could affect the safety of railway operations.(2) If a Category A notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must—(a) immediately after becoming aware of the occurrence—give an oral report of the occurrence—(i) if required to do so under the Transport Safety Investigation Act 2003 of the Commonwealth—to the Australian Transport Safety Bureau; or(ii) if subparagraph (i) does not apply—to the Regulator; and(b) within 72 hours (or such longer period as may be allowed by the Regulator) after becoming aware of the occurrence—give the Regulator a written report of the occurrence.(3) If a Category B notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must give the Regulator a written report of the occurrence within 72 hours (or such longer period as may be allowed by the Regulator) after becoming aware of the occurrence.(4) The rail transport operator must ensure that any report the operator makes under this regulation is in the form, contains all the information, and is made in the manner, required by the Regulator.Reg 57: Am 2015 (318), reg 5; 2016 (360), reg 4 (1) (2); 2019 (263), reg 8 (1) (2).
58 Fees
The fees set out in Schedule 3 are payable by a rail transport operator as specified in that Schedule.NoteThe Regulator may waive or refund the whole or any part of a fee payable under Part 3 Division 4 or Division 5 of the Law (see sections 77 and 96 of the Law). The Regulator may, for example, waive or refund part of the fee payable by a rail transport operator in respect of an application that relates to the operation of a not for profit tourist or heritage railway.
Schedule 1 Content of safety management system
1 Interpretation
In this Schedule, a reference to the chief executive and governing body of the rail transport operator includes a reference to any other person or body that has control of the rail transport operator.
2 Safety policy
(1) A safety policy or policies that aligns or align with other organisational policies and that is, or that are, endorsed by the chief executive and governing body of the rail transport operator.(2) A safety policy or policies that includes or include an express commitment to safety, the development and maintenance of a positive safety culture and the continuous improvement of all aspects of the safety management system.
3 Safety culture
Methods to promote and maintain a positive safety culture, so far as is reasonably practicable, with consideration given to—(a) the importance of leadership and commitment of senior management; and(b) the executive safety role of line management; and(c) the need to involve rail safety workers at all levels; and(d) encouraging open communication; and(e) the need for human factors to be positively addressed; and(f) the promotion of a just culture and environment; and(g) the awareness and recognition of opportunities for safety improvement; and(h) a willingness to devote resources to safety.
4 Governance and internal control arrangements
(1) Systems and procedures to ensure that the chief executive and governing body of the rail transport operator, or the people managing the railway operations, have sufficient knowledge—(a) of the risk profile of the railway operations carried out by the rail transport operator to enable the operator to probatively manage the risks arising from those operations; and(b) of the level of compliance by the organisation with its duties and obligations under the Law and these regulations; and(c) to determine whether—(i) the safety management system is working effectively; and(ii) risks to safety are being identified, assessed and managed so far as is reasonably practicable; and(iii) controls used to monitor safety and to manage risks to safety are being regularly reviewed and revised.(2) Systems and procedures to ensure that decisions and directions made by the chief executive and governing body of the rail transport operator, or of the people managing the railway operations, that affect safety are being implemented effectively.
5 Management, responsibilities, accountabilities and authorities
(1) Policies that indicate how safety responsibilities, accountabilities, authorities and interrelationships have been determined.(2) Documents that describe the responsibilities, accountabilities, authorities and interrelation of the personnel who manage or carry out rail safety work, or who verify such work.(3) Procedures for the reporting of risks to safety by personnel with safety responsibilities.(4) Documents that describe the authorities given to personnel with safety responsibilities to enable them to meet those responsibilities.
6 Regulatory compliance
(1) Systems and procedures for the identification of safety requirements under the Law and other safety legislation.(2) Systems and procedures to ensure compliance with those requirements.
7 Document control arrangements and information management
Systems and procedures to control and manage all documents and information relevant to the management of risks to safety associated with railway operations, including systems and procedures for—(a) the identification, creation, maintenance, management, storage and retention of records and documents; and(b) ensuring the currency of documents required for operations; and(c) the communication of any changes to the document control systems and procedures to rail safety workers and employees of the rail transport operator who rely on those systems and procedures to carry out their work.
8 Review of the safety management system
(1) Systems and procedures for the review of the safety management system in accordance with section 102 (Review of safety management system) of the Law and regulation 17.(2) Documentation of the matters set out in regulation 17(3).
9 Safety performance measures
(1) Systems and procedures to ensure that the safety management system is effective by using key performance indicators to measure safety performance and determine the effectiveness of the safety management system.(2) Systems and procedures to ensure the collection, analysis, assessment and dissemination of safety information held by the rail transport operator.
10 Safety audit arrangements
(1) An audit program that provides for—(a) the scheduling and frequency of audits; and(b) safety management system audits as part of the audit program; and(c) the giving of priority to those matters that represent the greatest safety risk.(2) Documented audit procedures to ensure there is a process for the collection of information to determine whether the railway operations comply with the safety management system and the effectiveness of the safety management system.(3) Procedures to ensure that auditors—(a) have the skills and knowledge to undertake audits; and(b) are independent from the area being audited to the maximum extent that is practicable.(4) Procedures for—(a) communicating the results of audits to those people who are responsible for the oversight of the railway operations in the area audited for review and, where appropriate, for corrective action; and(b) where appropriate, the registration and effective implementation of recommendations for action identified by the audit; and(c) the review of the effectiveness of the audit program.
11 Corrective action
(1) Procedures to ensure, so far as is reasonably practicable, that corrective action is taken in response to any safety deficiencies identified following inspections, testing, audits, investigations or notifiable occurrences.(2) Procedures for—(a) registering any corrective actions taken; and(b) the review of those corrective actions; and(c) the implementation of corrective action if it is determined that corrective action is required; and(d) the assigning of responsibilities for corrective action.(3) Procedures for giving priority, when undertaking corrective action, to those matters representing the greatest safety risk.
12 Management of change
Procedures for ensuring that changes that may affect the safety of railway operations are identified and managed, including procedures for ensuring, so far as is reasonably practicable, that—(a) changes are fully identified and described in the context of the railway operations; and(b) affected parties are identified and, if practicable, consulted; and(c) the roles and responsibilities of rail safety workers and employees of the rail transport operator are clearly specified with respect to the change; and(d) the rail safety workers and employees of the rail transport operator are fully informed and trained to understand and deal with the proposed change; and(e) the requirements of section 99(1)(c) and (d) (Safety management system) of the Law are observed in relation to any risks associated with the proposed change; and(f) the change, once implemented, is reviewed and assessed by the rail transport operator to determine whether or not the change has been appropriately managed.
13 Consultation
Systems and procedures to ensure that the consultation required by section 99(3) (Safety management system) of the Law occurs when the safety management system is reviewed or varied.
14 Internal communication
Systems and procedures—(a) for the dissemination of information about the content of the safety management system to people who are to participate in the implementation of the system or who may be otherwise affected by the implementation; and(b) for the communication of the rail transport operator’s safety policy and safety objectives to all people who are to participate in the implementation of the safety management system; and(c) for the internal reporting of accidents and incidents involving the operator’s railway operations, including accidents and incidents involving contractors and subcontractors; and(d) to support communication and the dissemination of information throughout, and between all levels of, the operator’s railway operations.
15 Training and instruction
(1) Systems and procedures—(a) for the training of rail safety workers who are to participate in the implementation of the safety management system or who may otherwise be affected by the implementation; and(b) to encourage the awareness, understanding and participation of rail safety workers in the safety management system.(2) Provision for induction and ongoing training with regard to rail safety including information, instruction and training on new work practices, procedures, policies and standards, specified hazards and relevant control measures.
16 Risk management
(1) Systems and procedures for compliance with the risk management obligations set out in sections 46 (Management of risks) and 99(1)(c), (d) and (e) (Safety management system) of the Law.(2) A risk register that includes—(a) a listing of the risks to safety identified under section 99(1)(c) (Safety management system) of the Law; and(b) details of the assessment of those risks (including their likelihood, likely consequences and ranking); and(c) a description of any elimination or risk control measures that are to be used to manage, so far as is reasonably practicable, those risks, including, where appropriate—(i) the identification of who is responsible for implementing the measures; and(ii) a reference to the general location or locations in the safety management system where more details on the measures can be found.(3) Systems and procedures to ensure that the details in the register are current, so far as is reasonably practicable.
17 Human factors
Procedures to ensure that human factor matters are taken into account during the development, operation and maintenance of the safety management system and for the integration of human factors principles and knowledge into all relevant aspects of operational and business systems.
18 Procurement and contract management
Systems and procedures—(a) for the review of tender documents and contracts to ensure that safety requirements under the safety management system are adequately defined and documented in those tender documents and contracts; and(b) to ensure that the terms of any tender documents or contracts do not lead to unsafe work or an activity that may affect the safety of railway operations; and(c) for the selection and control of contractors and to ensure the monitoring of the performance of contractors, including conducting or commissioning audits of the contractor’s performance in relation to the safety aspects of the contract; and(d) to ensure that safety duties under the Law are being met under contracts, and procedures for the taking of remedial action where necessary; and(e) to ensure that goods and services provided to the railway operation meet the standards and specifications required for the safety of the railway operation.
19 General engineering and operational systems safety requirements
(1) A documented set of engineering standards and procedures, and operational systems, safety standards and procedures, to cover the following, and, if relevant, the interface between any 2 or more of them—(a) rail infrastructure;(b) rolling stock;(c) operational systems.(2) Details of the implementation and updating of the documents specified in subclause (1).(3) Procedures for the control and verification of the design of structures, rolling stock, equipment, and systems, in accordance with the engineering standards and procedures, and operational systems safety standards specified in subclause (1).(4) Systems, procedures and standards for the following in relation to rail infrastructure and rolling stock—(a) engineering design;(b) construction and installation;(c) implementation and commissioning;(d) monitoring and maintenance;(e) system operation;(f) modification;(g) decommissioning or disposal.
20 Process control
(1) Procedures for the rail transport operator to monitor the operator’s compliance with the standards and procedures specified in clause 19, including procedures for the inspection and testing of safety related engineering and operational systems.(2) Procedures for the control, calibration and maintenance of all equipment used to inspect or test rail infrastructure or rolling stock.(3) Arrangements for the establishment and maintenance of inspection and test records to provide evidence of the condition of rail infrastructure or rolling stock.
21 Asset management
An asset management policy and processes that address all phases of the asset life cycle of the rail infrastructure or rolling stock operations.
22 Safety interface coordination
(1) Procedures for the identification of interface risks to the safety of railway operations and for the development and implementation of interface agreements in accordance with Part 3 Division 6 Subdivision 2 (Interface agreements) of the Law.(2) Procedures for monitoring the implementation and effectiveness of and compliance with interface agreements.
23 Management of notifiable occurrences
(1) Systems and procedures for the reporting of notifiable occurrences in accordance with regulation 57.(2) Procedures for the management of the scene of a notifiable occurrence and for the preservation of evidence where reasonably practicable.(3) Procedures for the management of all notifiable occurrences, including procedures to enable the determination of which notifiable occurrences are to be investigated, and how investigations are to be conducted.
24 Rail safety worker competence
Procedures and, where necessary, standards to ensure compliance with section 117 (Assessment of competence) of the Law.
25 Security management
(1) The security management plan required by section 112 (Security management plan) of the Law.(2) Systems and procedures to ensure compliance with section 112 (Security management plan) of the Law and regulation 18.
26 Emergency management
(1) The emergency management plan required by section 113 (Emergency management plan) of the Law.(2) Systems and procedures to ensure compliance with section 113 (Emergency management plan) of the Law and Part 4 Division 3 of these regulations.
27 Health and fitness
Systems and procedures to ensure compliance with section 114 (Health and fitness management program) of the Law and with regulation 27.
28 Drugs and alcohol
Systems and procedures to ensure compliance with section 115 (Drug and alcohol management program) of the Law and with regulation 28.
29 Fatigue risk management
Systems and procedures to ensure compliance with section 116 (Fatigue risk management program) of the Law and regulation 29.
30 Resource availability
Systems and procedures for estimating the resources, including people and equipment, that the rail transport operator will need to operate and maintain the operator’s railway operations and to implement, manage and maintain its safety management system, and for the preparation of plans to ensure that it has adequate access to those resources.
Schedule 2 Special fatigue management program requirements in respect of certain rail safety work carried out within certain participating jurisdictions
sch 2, hdg: Am 2017 (259), reg 5.
Part 1 New South Wales requirements
1 Interpretation
For the purposes of this Part—(a) the length of a shift worked or to be worked by a rail safety worker includes all the time between the signing on time and the signing off time of a shift; and(b) a shift that exceeds 11 hours but is less than 12 hours is taken to be a 12 hour shift.
2 Working hours for rail safety workers driving freight trains
The following work scheduling practices and procedures apply to a rail safety worker who drives a freight train—(a) in the case of a 2 person operation where the second driver is a qualified train driver (including a qualified train driver who is learning a route or undergoing an assessment)—the maximum shift length to be worked is 12 hours;(b) in the case of any other 2 person operation—the maximum shift length to be worked is 11 hours;(c) in the case of a 1 person operation—(i) the maximum shift length to be worked is 9 hours; and(ii) a minimum break of not less than 30 minutes must be scheduled and taken some time between the third and fifth hour of each shift;(d) there is to be a break of at least 11 continuous hours between each shift worked by the rail safety worker if the worker ends a shift at the home depot;(e) there is to be a break of at least 7 continuous hours between each shift worked by the rail safety worker if the worker ends a shift away from the home depot and the break is taken away from the home depot;(f) in any 14 day period—the rail safety worker may work a maximum number of 12 shifts, but not more than 6 of these shifts may be 12 hour shifts.
3 Working hours for rail safety worker driving passenger train—single manning operation
The following work scheduling practices and procedures apply to a rail safety worker who drives a passenger train in a single manning operation—(a) in the case of an interurban or a long distance train—the maximum shift length to be worked is 10 hours;(b) in the case of a suburban train—the maximum shift length to be worked is 9 hours;(c) there is to be a break of at least 11 continuous hours between each shift worked by the rail safety worker, if the worker ends a shift at the home depot;(d) there is to be a break of at least 7 continuous hours between each shift worked by a rail safety worker if the worker ends a shift away from the home depot and the break is taken away from the home depot;(e) a maximum number of 12 shifts may be worked by the rail safety worker in any 14 day period.
4 Working hours for rail safety worker driving passenger train—2 person operation
The following work scheduling practices and procedures apply to a rail safety worker who drives a passenger train in a 2 person operation—(a) in the case of a 2 person operation where the second driver is a qualified train driver (including a qualified train driver who is learning a route or undergoing an assessment)—the maximum shift length to be worked is 12 hours;(b) in the case of any other 2 person operation—the maximum shift length to be worked is 11 hours;(c) there is to be a break of at least 11 continuous hours between each shift worked by the rail safety worker if the worker ends a shift at the home depot;(d) there is to be a break of at least 7 continuous hours between each shift worked by the rail safety worker if the worker ends a shift away from the home depot and the break is taken away from the home depot;(e) in any 14 day period—the rail safety worker may work a maximum number of 12 shifts, but not more than 6 of these shifts may be 12 hour shifts.
5 Train drivers who are transported to home depot or rest place
(1) The following work scheduling practices and procedures apply to a rail safety worker who drives a train and who travels to a home depot or to a place provided for rest between shifts (a barracks), as a passenger in a train or other vehicle provided by the rail transport operator—(a) the period between signing on for a shift and reaching the home depot or barracks must not exceed 16 hours;(b) for the purposes of applying the requirements of clauses 2, 3 and 4 (and despite clause 1)—(i) in respect of the length and number of shifts—the time spent travelling to the home depot or barracks is not to be taken to be part of the shift worked; and(ii) in respect of breaks between shifts—the break between a shift commences when the worker reaches the home depot or barracks;(c) the rail safety worker must not undertake any rail safety work or drive a motor vehicle after commencing to travel to the home depot or barracks and before signing off at the home depot or barracks.(2) Despite subclause (1), the rail safety worker is for any other purpose taken to have been rostered on for a shift ending when the worker signs off at the home depot or barracks.
6 Emergencies and accidents
(1) The requirements of this Part do not apply in the event of—(a) an accident or emergency; or(b) any urgent circumstances approved by the Regulator; orprovided that the driver or drivers concerned indicate their fitness to work the extended hours.(c) any other unforeseeable circumstances that make it necessary, in the absence of any reasonably practicable alternative, to contravene this Part to avoid a serious dislocation of train services,(2) In this clause—emergency means an emergency arising out of an actual or imminent event, such as fire, flood, storm, earthquake or explosion that—(a) endangers, or may endanger, the safety of persons; or(b) destroys or damages, or may destroy or damage, property.
Part 2 Queensland requirements
7 Interpretation
For the purposes of this Part—(a) the length of a shift worked or to be worked by a rail safety worker includes all the time between the signing on time and the signing off time of a shift; and(b) the length of a break is all of the time between the signing off time of a shift and the next signing on time of a shift; and(c) suburban service, for a passenger train, means a service that starts and ends in the SEQ area (as defined in section 62AAA(2) of the Transport Operations (Passenger Transport) Act 1994 of Queensland).
8 Working hours for rail safety workers driving freight trains
The following work scheduling practices and procedures apply to a rail safety worker who drives a freight train—(a) in the case of a 2 driver operation where the second driver is a qualified train driver (including a qualified train driver who is learning a route or undergoing an assessment)—the maximum shift length to be worked is 12 hours;(b) in the case of a 1 driver operation—the maximum shift length to be worked is 9 hours;(c) there is to be a break of at least 12 continuous hours between each shift worked by the rail safety worker if the worker ends a shift at the home depot;(d) there is to be a break of at least 8 continuous hours between each shift worked by the rail safety worker if the worker ends a shift away from the home depot and the break is taken away from the home depot;(e) in any 14 day period—the rail safety worker may work a maximum number of 12 shifts and, in any event, not more than 132 hours.
9 Working hours for rail safety worker driving passenger trains
The following work scheduling practices and procedures apply to a rail safety worker who drives a passenger train—(a) in the case of a passenger train in suburban service—(i) the maximum shift length to be worked is 9 hours (irrespective of whether it is a 1 or 2 driver operation); and(ii) the maximum period of time during any shift that a driver may drive the train is 8 hours;(b) in the case of any other passenger train—(i) if it is a 2 driver operation where the second driver is a qualified train driver (including a qualified train driver who is learning a route or undergoing an assessment)—the maximum shift length to be worked is 12 hours; and(ii) if it is a 1 driver operation—the maximum shift length to be worked is 9 hours;(c) there is to be a break of at least 12 continuous hours between each shift worked by the rail safety worker if the worker ends a shift at the home depot;(d) there is to be a break of at least 8 continuous hours between each shift worked by the rail safety worker if the worker ends a shift away from the home depot and the break is taken away from the home depot;(e) in any 14 day period—the rail safety worker may work a maximum number of 12 shifts and, in any event, not more than 132 hours.
10 Train drivers who are transported to home depot or rest place
(1) The following work scheduling practices and procedures apply to a rail safety worker who drives a train and who travels to a home depot or to a place provided for rest between shifts (a barracks), as a passenger in a train or other vehicle provided by the rail transport operator—(a) the period between signing on for a shift and reaching the home depot or barracks must not exceed 16 hours;(b) for the purposes of applying the requirements of clauses 8 and 9 (and despite clause 7)—(i) in respect of the length and number of shifts—the time spent travelling to the home depot or barracks is not to be taken to be part of the shift worked; and(ii) in respect of breaks between shifts—the break between a shift commences when the worker reaches the home depot or barracks;(c) the rail safety worker must not undertake any rail safety work or drive a motor vehicle after commencing to travel to the home depot or barracks and before signing off at the home depot or barracks.(2) Despite subclause (1), the rail safety worker is for any other purpose taken to have been rostered on for a shift ending when the worker signs off at the home depot or barracks.
11 Emergencies and accidents
(1) The requirements of this Part do not apply in the event of—(a) an accident or emergency; or(b) any urgent circumstances approved by the Regulator; orprovided that the driver or drivers concerned indicate their fitness to work the extended hours.(c) any other unforeseeable circumstances that make it necessary, in the absence of any reasonably practicable alternative, to contravene this Part to avoid a serious dislocation of train services,(2) In this clause—emergency means an emergency arising out of an actual or imminent event, such as fire, flood, storm, earthquake or explosion that—(a) endangers, or may endanger, the safety of persons; or(b) destroys or damages, or may destroy or damage, property.
sch 2: Am 2017 (259), reg 6.
Schedule 3 Fees
Part 1 Application fees
Section | Description | Fee | |
1 | 64(2)(d) | Application fee for accreditation | $10 000 |
1A | 64(5) | Application (complex operations) fee for accreditation | $81 520 |
2 | 68(3)(c) | Application fee for variation of accreditation | $1 000 |
3 | 71(2) | Application fee for variation of conditions/restrictions of accreditation | $1 000 |
4 | 84(2)(b) | Application fee for registration | $1 000 |
5 | 87(3)(c) | Application fee for variation of registration | $250 |
6 | 90(2) | Application fee for variation of conditions/restrictions of registration | $250 |
7 | 205(2)(d) | Application fee for exemption | $1 000 |
8 | 208(3)(c) | Application fee for variation of exemption | $100 |
9 | 211(2) | Application fee for variation of conditions/restrictions of exemption | $100 |
Part 2 Annual fees
1 Annual fees
(1) For the purposes of section 76 of the Law, the annual fee payable by an accredited person in respect of a financial year is to be calculated by adding the fixed component (F) to the relevant variable component (V) for each of the jurisdictions in which the accredited person carries out railway operations. For example, if the accredited person carries out railway operations in 4 jurisdictions in a financial year, the annual fee payable in respect of that year would be calculated as follows—%20AND%20(No%3D0617)%20AND%20(Year%3D2012)%20AND%20(%22Historical%20Document%22%3D%222019-12-02%22))/g1.gif)
where—A is the annual feeF is the fixed component ($15 000) of the annual feeNote—If an accredited person is both a rail infrastructure manager and a rolling stock operator, the fixed component of the annual fee is payable only once in respect of each financial year.V, in respect of a particular jurisdiction, is the variable component of the annual fee (see explanation and formula set out below as to how to calculate the variable component)
The variable component (V), in respect of each jurisdiction in which the accredited person carries out railway operations, is the product of the relevant rates as set out in the table below and either (or both) of the following as relevant—(a) in the case of an accredited person who is a rail infrastructure manager—the number of kilometres of track over which the manager has effective management and control within the jurisdiction;and is to be calculated as follows—(b) in the case of an accredited person who is a rolling stock operator—the number of kilometres travelled within the jurisdiction by trains over which the operator has effective management and control,%20AND%20(No%3D0617)%20AND%20(Year%3D2012)%20AND%20(%22Historical%20Document%22%3D%222019-12-02%22))/g2.gif)
where—V, in respect of a particular jurisdiction, is the variable component of the annual feeT is the kilometres of track managed by a rail infrastructure managerRT is equal to the rate per kilometre of track managed by a rail infrastructure managert is the kilometres travelled by trains of a rolling stock operatorRt is equal to the rate per kilometre travelled by trains of a rolling stock operator
sch 3: Am 2013 (362), reg 4 (1) (2); 2014 (382), reg 4; 2015 (317), reg 4; 2016 (361), reg 4; 2017 (257), reg 5; 2017 (258), reg 5; 2018 (267), reg 4; 2019 (262), reg 4 (1)–(3).