Division 146A Provision of information relating to safety to RMS
(1) A person who carries on a public passenger service by means of a bus or ferry must provide to RMS the information concerning measures taken by the person to promote safety or concerning other matters relating to safety that RMS reasonably requires.(2) A person who carries on a public passenger service by means of a bus or ferry must, if required by notice in writing given to the person by RMS, submit a safety report to RMS.(3) The person must provide the information or report in the form and manner approved by RMS.Maximum penalty: 500 penalty units.
46AA Provision of information to Chief Investigator
RMS is to make available to the Chief Investigator all information that is provided to RMS under section 46A that relates to a transport accident or incident that may affect the safe provision of a public passenger service carried on by means of a bus or ferry.
46B Persons must report notifiable occurrences
(1) A person who carries on a public passenger service by means of a bus or ferry must report any occurrence, of a kind prescribed by the regulations as a notifiable occurrence, affecting the public passenger service.Maximum penalty: 100 penalty units.
(2) A report under subsection (1) is to be made to RMS, or such other person or persons as may be prescribed, in the time and manner prescribed.(3) The regulations may prescribe different reporting requirements in respect of different occurrences.
46BA Investigations by the Chief Investigator
(1) The Chief Investigator may investigate any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries.(2) (Repealed)(3) The Minister may require the Chief Investigator to investigate and report to the Minister on any transport accident or incident that may affect the safe provision of railway operations or public passenger services carried on by means of buses or ferries.(4) The Chief Investigator is to conduct an investigation in the manner the Chief Investigator considers appropriate.(4A) An investigation may extend to all relevant events and circumstances preceding the transport accident or incident.(5) An investigation under this section may be carried out and a report provided under this section whether or not:(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or(b) the matter is or may be subject to any criminal or civil proceedings, or(c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009, or(d) the matter is or may be the subject of a transport safety inquiry.(6) The Chief Investigator may, at any time, discontinue an investigation under this section, other than an investigation requested by the Minister.(7) Schedule 6 contains provisions relating to transport safety investigators.
46BB Chief Investigator’s functions
(1) The Chief Investigator may, by notice in writing, require either or both of the following:(a) the attendance of any person at any place to answer questions in relation to a transport safety investigation,(b) the production of any documents or other things required for the purposes of any such investigation.(2) The Chief Investigator may require a person to answer questions in relation to a transport safety investigation.(3) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.Maximum penalty: 100 penalty units.
Note. Section 46U provides protection in relation to self-incriminating evidence.(4) A person attending at a place to answer questions is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.(5) The notice under subsection (1) must be signed by the Chief Investigator and specify the time and place at which the person is required to attend to answer questions or produce the documents or other things.(6) The Chief Investigator may require a person who attends to answer questions under this section to answer the questions on oath or affirmation and, for that purpose, the Chief Investigator:(a) may require the person to take an oath or to make an affirmation, and(b) may administer an oath to, or take an affirmation from, the person.
46BBA Reports on transport safety investigations
(1) The Chief Investigator must provide to the Minister a written report on a transport safety investigation, including any discontinued investigation.(2) The Chief Investigator may provide a copy of a draft report, or proposed recommendations in a report, on a confidential basis, to the Minister or any other person before completing the report:(a) if the Chief Investigator thinks that it is desirable or necessary to do so for the purposes of transport safety, or(b) to allow the making of submissions about the draft report, or(c) to give advance notice of the likely form of the report.(3) The Chief Investigator may include in a report on a transport safety investigation any submissions made in response to a draft report or draft recommendations, safety action statements or safety recommendations.(4) A person must not copy, or disclose to a person or a court, the contents of a draft report or draft recommendations provided under this section, except:(a) as required or authorised by or under this or any other Act, or(b) where necessary to take steps to remedy safety issues identified in the draft report, or(c) where necessary to prepare submissions on the draft report or draft recommendations.Maximum penalty: 100 penalty units.
(5) If the Chief Investigator discontinues an investigation, the Chief Investigator must provide to the Minister, within 28 days, a written report setting out the reasons for discontinuing the investigation.(6) A report of a transport safety investigation, a draft report or draft recommendations are not admissible in any legal proceedings.(7) A person who is provided with a draft report under this section:(a) cannot be required to disclose it to a court, and(b) is not entitled to take any disciplinary action against an employee of the person on the basis of the report.(8) In this section:safety action statement means a statement:
(a) setting out any safety issues identified during the course of an investigation that should be addressed, or(b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation.
46BC Transport safety inquiries
(1) The Minister may constitute one or more persons as a Board of Inquiry to conduct an inquiry (a transport safety inquiry) into any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry.(2) A transport safety inquiry may be carried out and a report provided whether or not:(a) an investigation is being, or has been, conducted under any other Act or law (including a law of the Commonwealth) relating to the same matter, or(b) the matter is or may be subject to any criminal or civil proceedings, or(c) the matter is the subject of an inquest or inquiry under the Coroners Act 2009.(3) The Minister may not terminate a transport safety inquiry.(4) A Board of Inquiry may, at a transport safety inquiry conducted by it, take evidence on oath or affirmation and, for that purpose, the person constituting the Board:(a) may require a person appearing at the inquiry to give evidence, to take an oath or to make an affirmation in a form approved by the person presiding, and(b) may administer an oath to, or take an affirmation from, a person appearing at the inquiry.(5) In conducting a transport safety inquiry, a Board of Inquiry:(a) is not bound to act in a formal manner, and(b) is not bound by the rules of evidence and may inform itself on any matter in any way that it considers appropriate.(6) If the Board of Inquiry agrees, an agent (including a legal practitioner) may represent a person or body at a transport safety inquiry.(7) A Board of Inquiry is to determine its own procedure, except as provided by this Act or the regulations.
46BD Chief Investigator may request transport safety inquiry
(1) The Chief Investigator may, if he or she considers it to be appropriate in the circumstances, give a written notice to the Minister requesting that any transport accident or incident or any other event, occurrence, practice or matter that may affect the safe provision of railway operations or a public passenger service carried on by means of a bus or ferry be the subject of a transport safety inquiry.(2) If the Minister receives a written notice under subsection (1) from the Chief Investigator, the Minister is to:(a) constitute a Board of Inquiry to conduct a transport safety inquiry into the accident, incident, event, occurrence, practice or matter, or(b) within one month after receiving the notice, provide the Chief Investigator with written reasons for not doing so and table the notice and the reasons in each House of Parliament.
(1) A Board of Inquiry, when conducting, and making a determination in respect of, a transport safety inquiry is to sit with any assessors that may be appointed by the Minister for the purposes of the inquiry.(2) An assessor sitting with a Board of Inquiry has the power to advise the Board of Inquiry but not to adjudicate on any matter before the Board of Inquiry.(3) A Board of Inquiry has the right to consult, either collectively or individually, and either in public or in private, with assessors sitting with it.
46BF Witnesses and evidence at transport safety inquiries
(1) A Board of Inquiry may summon a person to appear at a transport safety inquiry conducted by the Board to give evidence and to produce any documents that are specified in the summons.(2) A Board of Inquiry may require a person appearing at a transport safety inquiry to do any one or more of the following:(a) be sworn or affirmed,(b) produce a document,(c) answer a question.(3) A person attending as a witness before a Board of Inquiry is to be paid expenses of the amount or at the rate approved by the Minister for the purposes of this section.(4) A person must not, without reasonable excuse, fail to comply with a requirement made of the person under this section.Maximum penalty:
(a) in the case of a corporation (being a previous offender)—750 penalty units, or(b) in the case of a corporation (not being a previous offender)—500 penalty units, or(c) in the case of an individual (being a previous offender)—375 penalty units, or(d) in the case of an individual (not being a previous offender)—250 penalty units.
46BG Report on transport safety inquiry
A Board of Inquiry must, within the period required by the Minister, prepare a report as to the causes of the accident or incident or prepare a report on the other event, occurrence, practice or matter into which it was to inquire and provide a copy of the report to the Minister.
46C Compliance with subpoenas and other directions
(1) The Chief Investigator or a former Chief Investigator or a person who is or was a transport safety investigator is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety investigation, if the Chief Investigator has issued a certificate under subsection (2) in relation to the transport safety investigation.(2) The Chief Investigator may issue a certificate stating that the Chief Investigator, former Chief Investigator or a person who is or was a transport safety investigator is or was involved in a transport safety investigation.(3) A member of a Board of Inquiry, a former member of a Board of Inquiry or a person who is or was an authorised officer is not obliged to comply with a subpoena or similar direction of a court in relation to civil proceedings to attend and answer questions relating to an accident or incident or other event, occurrence, practice or matter the subject of a transport safety inquiry, if the Minister has issued a certificate under subsection (4).(4) The Minister may issue a certificate stating that a member of a Board of Inquiry, a former member of a Board of Inquiry or a person who is or was an authorised officer is or was involved in a transport safety inquiry.
(1) The Minister is to lay (or cause to be laid) a report under section 46BBA (1) or 46BG before both Houses of Parliament as soon as reasonably practicable, but not later than 7 days, after the Minister receives the report.(2) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.(3) The report:(a) is, on presentation and for all purposes, taken to have been laid before the House, and(b) may be printed by authority of the Clerk of the House, and(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and(d) is to be recorded:(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,on the first sitting day of the House after receipt of the report by the Clerk.
46E Confidential reporting of safety information by transport safety employees
(1) The Chief Investigator may establish a system for the voluntary reporting by transport safety employees or rail safety workers (within the meaning of the Rail Safety National Law (NSW)) of matters that may affect the safe provision of a public passenger service by means of a bus or ferry or of railway operations.(2) The Chief Investigator must not disclose to any other person, or to any court, any information that may identify an employee who provides information under any such voluntary reporting system unless:(a) the employee consents to the disclosure, or(b) the Chief Investigator or a court is of the opinion that it is necessary in the public interest that the information be disclosed.(3) Nothing in this section prevents the Chief Investigator from disclosing information obtained under this section to the regulator.(4) Regulations may be made for or with respect to the following matters:(a) the form and manner in which reports may be made,(b) the manner in which reports are to be dealt with and the purposes for which information reported under this section may be used,(c) other requirements for a system established under this section.(5) In this section:regulator means:
(a) in relation to any public passenger service provided by bus—RMS, or(b) in relation to any public passenger service provided by ferry—the person or body prescribed by the regulations for the purposes of this definition, or(c) in relation to railway operations—the National Rail Safety Regulator under the Rail Safety National Law (NSW), or(d) any other person prescribed by the regulations for the purposes of this definition.