Part 4A Independent Transport Safety Regulator
In this Part:Chief Executive means the Chief Executive of the ITSR.
ITSR means the Independent Transport Safety Regulator.
Rail Safety National Law means:
(a) the Rail Safety National Law (NSW), or(b) the Rail Safety National Law set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as applied as a law of a participating jurisdiction within the meaning of that Law.railway operations has the same meaning as in the Rail Safety National Law (NSW).
transport authority means:
(a) RailCorp, or(b) TfNSW, or(c) any other person or body prescribed as a transport authority by the regulations.
Division 2 Constitution of Independent Transport Safety Regulator
42B Constitution of Independent Transport Safety Regulator
(1) There is constituted by this Act a corporation with the corporate name of the Independent Transport Safety Regulator.(2) The ITSR is, for the purposes of any Act, a statutory body representing the Crown.(3) The ITSR cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the ITSR to exercise its functions.
Division 3 Charter of Independent Transport Safety Regulator
(1) The principal objective of the ITSR is to facilitate the safe operation of railway operations in the State.(2) The ITSR also has the following objectives:(a) to exhibit independence, rigour and excellence in carrying out its regulatory and investigative functions,(b) to promote safety as a fundamental objective in the delivery of railway operations.
(1) The ITSR has the functions conferred or imposed on it by or under this or any other Act.(2) The principal functions of the ITSR are as follows:(a) to review and evaluate any matter related to the safe operation of railway operations,(b) to advise the Minister, or make recommendations to the Minister, or both, about any matter related to the safe operation of railway operations,(c) to exercise any functions conferred on the ITSR for the purposes of the Rail Safety National Law (whether conferred by delegation under that Law or under an agreement entered into by the ITSR for that purpose),(d) to exercise any other functions conferred under an agreement entered into under this section.(2A) The ITSR may monitor, and advise the Minister on, the compliance by transport authorities and operators carrying out railway operations with the recommendations of reports of investigations and inquiries into transport accidents or incidents involving railway operations or the safety of railway operations, including reports of the following kinds:(a) reports by the Chief Investigator,(b) transport safety inquiry reports,(c) reports by the Australian Transport Safety Bureau relating to accidents or incidents in New South Wales,(d) an inquest or inquiry under the Coroners Act 2009.(2B) The ITSR may enter into an agreement with the National Rail Safety Regulator to exercise functions of that body under the Rail Safety National Law, whether those functions are functions of the Regulator under a law of this State or of another State or Territory or of the Commonwealth.(3) The ITSR may, to the extent necessary to carry out its functions, or to achieve its objectives, in this State exercise its functions within or outside this State.
42L Disclosure of information by ITSR
(1) The ITSR may, if the ITSR thinks it necessary for the safe operation of railway operations, disclose information acquired by the ITSR in the performance of the ITSR’s functions under this or any other Act to any other person.(2) The ITSR may, if the ITSR thinks it desirable for the promotion of the safe operation of railway operations, publish any information.(3) A publication under subsection (2) must not identify a person by name.(4) This section does not permit the disclosure of information in contravention of section 46E of the Passenger Transport Act 1990.(5), (6) (Repealed)
Division 4 Management of Independent Transport Safety Regulator
(1) The Governor, on the recommendation of the Minister, may appoint a Chief Executive of the ITSR.(2) (Repealed)(3) The employment of a Chief Executive is subject to Part 3.1 of the Public Sector Employment and Management Act 2002, but is not subject to Chapter 2 of that Act.(4) The Chief Executive may hold office for terms totalling not more than 10 years.(5) The Chief Executive may be removed from office under section 77 of the Public Sector Employment and Management Act 2002 only for incapacity, incompetence or misbehaviour.
42N Chief Executive to manage and control affairs of ITSR
(1) The affairs of the ITSR are to be managed and controlled by the Chief Executive.(2) Any act, matter or thing done in the name of, or on behalf of, the ITSR by the Chief Executive is taken to have been done by the ITSR.
(1) The Minister may, from time to time, appoint a person to act in the office of the Chief Executive during the illness or absence of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and is taken to be the Chief Executive.(2) The Minister may, at any time, remove any person from an office to which the person was appointed under this section.(3) A person while acting in the office of the Chief Executive is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(4) For the purposes of this section, a vacancy in the office of the Chief Executive is to be regarded as an absence from office of the Chief Executive.
42P Limitations on Ministerial control of ITSR
(1) The ITSR is subject to the direction and control of the Minister, except as provided by subsection (2).(2) The ITSR is not subject to the direction and control of the Minister in respect of the following matters:(a) the exercise of a function under the Rail Safety National Law,(b) the exercise of a function under an agreement referred to in section 42D (2B),(c) the exercise of a function as a relevant safety regulator under section 3H,(d) the contents of any report or recommendation of the ITSR.
42Q Delegation of functions of ITSR
(1) The ITSR may delegate to an authorised person any of the functions of the ITSR under this or any other Act, other than this power of delegation.(2) A delegate may sub-delegate to an authorised person any function delegated by the ITSR, if the delegate is authorised to do so by the ITSR.(3) (Repealed)(4) In this section:authorised person means:
(a) an officer of the ITSR, or(b) a member of a class of persons prescribed by the regulations or approved by the ITSR.
42R–42W(Repealed)