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Contents (2008 - 97)
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Rail Safety Act 2008 No 97
Repealed version for 7 December 2012 to 19 January 2013 (accessed 30 April 2017 at 11:11)
Part 2 Division 2
Division 2 Safety management of railway operations
12   Safety management system
(1)  A rail transport operator must have a safety management system that complies with this section for railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  The safety management system must:
(a)  be in a form approved by the ITSRR, and
(b)  comply with the relevant requirements, and the risk management principles, methods and procedures, prescribed by the regulations, and
(c)  identify and assess any risks to safety that have arisen or may arise from the carrying out of railway operations, for which the rail transport operator is required to be accredited, on or in relation to the rail transport operator’s rail infrastructure or rolling stock, and
(d)  specify the controls (including audits, expertise, resources and staff) that are to be used by the rail transport operator to manage risks to safety and to monitor safety in relation to those railway operations, and
(e)  include procedures for monitoring, reviewing and revising the adequacy of those controls, and
(f)  include the following:
(i)  measures to manage risks to safety identified under Division 3,
(ii)  a security management plan in accordance with section 16,
(iii)  an emergency management plan in accordance with section 17,
(iv)  a health and fitness management program in accordance with section 18,
(v)  a drug and alcohol management program in accordance with section 19,
(vi)  a fatigue management program in accordance with section 20.
(3)  A rail transport operator, before establishing, reviewing or varying a safety management system for railway operations for which the operator is required to be accredited, must consult, so far as is reasonably practicable, with:
(a)  persons likely to be affected by the safety management system or its review or variation, being persons who carry out those railway operations or work on or at the rail transport operator’s railway premises or with the rail transport operator’s rolling stock, and
(b)  trade unions, or other employee organisations, representing any such persons, and
(c)  health and safety representatives under the Work Health and Safety Act 2011 who represent persons with whom the rail transport operator is required to consult under this section, and
(d)  any other rail transport operator with whom the first-mentioned operator has an interface agreement under Division 3 relating to risks to safety of railway operations carried out by or on behalf of either of them, and
(e)  the public, as appropriate.
(4)  If the safety management system of a rail transport operator and the safety management system of another rail transport operator who has an interface agreement under Division 3 with the first-mentioned rail transport operator, when taken as one system, comply with this section, both safety management systems are taken to comply with this section.
(5)  A safety management system must be evidenced in writing and:
(a)  must identify each person responsible for preparing any part of the safety management system, and
(b)  must identify the person, or class of persons, responsible for implementing the system.
(6)  In this Part a reference to a safety management system includes a reference to a plan or program or other matter referred to in subsection (2) (f).
13   Implementation of and compliance with safety management system
(1)  A rail transport operator must implement the rail transport operator’s safety management system.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  A rail transport operator must not, without reasonable excuse, fail to comply with the rail transport operator’s safety management system for the railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(3)  It is a reasonable excuse if the rail transport operator:
(a)  complies with the safety management system to the extent practicable while complying with a condition or restriction of accreditation, or
(b)  demonstrates that compliance with the system in particular circumstances would have increased the likelihood of a notifiable occurrence happening.
(4)  Subsection (3) does not limit the excuses that may be reasonable excuses.
14   Review of safety management system
A rail transport operator must review the rail transport operator’s safety management system in accordance with the regulations:
(a)  at such times or within such periods as are prescribed by the regulations, or
(b)  if no times or periods are so prescribed, at least once each calendar year or at such other times or within such other periods as are agreed between the rail transport operator and the ITSRR.
Maximum penalty:
(a)  in the case of a corporation—300 penalty units, or
(b)  in the case of an individual—150 penalty units.
15   Safety performance reports
(1)  A rail transport operator must give the ITSRR a safety performance report in respect of each reporting period that:
(a)  is in a form approved by the ITSRR, and
(b)  complies with the requirements (if any) prescribed by the regulations for the purposes of this section, and
(c)  contains the following:
(i)  a description and assessment of the safety performance of the rail transport operator’s railway operations,
(ii)  comments on any deficiencies in, and any irregularities in, the railway operations that may be relevant to the safety of the railway,
(iii)  a description of any safety initiatives in relation to the railway operations undertaken during the reporting period or proposed to be undertaken in the next reporting period,
(iv)  any other information or performance indicators prescribed by the regulations for the purpose of this section.
(2)  A rail transport operator must submit a report in accordance with this section within 6 months after the end of each reporting period or within such other period as is agreed from time to time by the ITSRR and the rail transport operator.
(3)  In this section, reporting period means a calendar year, or such other period as is agreed from time to time by the ITSRR and the rail transport operator.
Maximum penalty:
(a)  in the case of a corporation—300 penalty units, or
(b)  in the case of an individual—150 penalty units.
16   Security management plan
(1)  A rail transport operator must have a security management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a)  incorporates measures to protect people from theft, assault, sabotage, terrorism and other criminal acts of other parties and from other harm, and
(b)  complies with this Act and the regulations.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  A rail transport operator must ensure that the appropriate response measures of the security management plan are implemented without delay if a security incident occurs.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
17   Emergency management plan
(1)  A rail transport operator must have an emergency management plan for railway operations carried out by or on behalf of the operator for which the operator is required to be accredited that:
(a)  addresses and includes the matters prescribed by the regulations, and
(b)  is prepared in conjunction with emergency services, and in accordance with the regulations, and
(c)  is tested, and kept and maintained, in accordance with the regulations.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  The rail transport operator must provide a copy of the emergency management plan to the emergency services and any other person prescribed by the regulations.
Maximum penalty: 25 penalty units.
(3)  A rail transport operator must ensure that the appropriate response measures of the emergency management plan are implemented if an emergency occurs.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(4)  In this section, emergency service means a body prescribed by the regulations for the purposes of this definition.
18   Health and fitness management program
A rail transport operator must have a health and fitness management program for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to health and fitness management programs.
Note.
 It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
19   Drug and alcohol management program
(1)  A rail transport operator must have a drug and alcohol management program for rail safety workers who carry out, or are about to carry out, rail safety work in connection with railway operations for which the operator is required to be accredited.
(2)  The drug and alcohol management program is to include any matters required to be included by the regulations.
(3)  Without limiting subsections (1) and (2), the regulations are to include requirements with respect to the following:
(a)  protocols for fair procedures,
(b)  education and assistance of rail safety workers.
(4)  The ITSRR may at any time arrange with a rail transport operator for the random testing of any person on duty for the purpose of carrying out, or who is about to carry out, rail safety work for the presence of alcohol or any other drug to ensure that the operator is complying with this section.
(5)  Schedule 1 has effect.
(6)  For the purposes of this section, a rail safety worker is to be regarded as being about to carry out rail safety work if the worker:
(a)  has left home or a temporary residence for work (being rail safety work), and
(b)  has not commenced work after having so left home or the temporary residence.
Note.
 It is an offence to fail to comply with this section (see section 12 which requires this section to be complied with as part of the safety management system).
20   Fatigue management
(1)  A rail transport operator must have a program for the management of fatigue for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited that complies with the requirements prescribed by the regulations relating to fatigue management.
Note.
 It is an offence to fail to comply with this subsection (see section 12 which requires this section to be complied with as part of the safety management system).
(2)  A rail transport operator must, in accordance with Schedule 2, provide conditions of work for rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
Note.
 The regulations may exempt (either unconditionally or subject to conditions) a rail transport operator from an obligation under subsection (2), see section 174 (3)).
21   Competence of rail safety workers
(1)  A rail transport operator must, so far as is reasonably practicable, ensure that each rail safety worker who is to carry out rail safety work in connection with railway operations for which the operator is required to be accredited has the competence to carry out that work.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
(2)  For the purposes of subsection (1), the competence of a rail safety worker to carry out rail safety work must be assessed:
(a)  by reference to:
(i)  any qualification or unit of competence applicable to the work being carried out that is recognised under the Australian Qualifications Framework overseen by the Ministerial Council on Education, Employment, Training and Youth Affairs, or
(ii)  if subparagraph (i) does not apply, the prescribed provisions applicable to the rail safety work to be carried out, and
(b)  by reference to the knowledge and skills of the rail safety worker that are needed to enable the worker to carry out the rail safety work safely.
(3)  For the purposes of subsection (2), a certificate purporting to have been issued under the Australian Qualifications Framework to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence.
(4)  Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work.
(5)  A rail transport operator must maintain records in accordance with the regulations of the competence of rail safety workers who carry out rail safety work in connection with railway operations for which the operator is required to be accredited.
Maximum penalty (subsection (5)): 25 penalty units.
22   Identification for rail safety workers
(1)  A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the rail transport operator’s railway operations has a form of identification that is sufficient to enable the type of competence and training of the rail safety worker for that rail safety work to be checked by a rail safety officer.
(2)  A rail safety worker who is carrying out rail safety work must, when requested by a rail safety officer to do so, produce the identification provided in accordance with subsection (1) to the rail safety officer.
Maximum penalty: 25 penalty units.
23   Other persons to comply with safety management system
A person, not being an employee employed to carry out railway operations, who undertakes railway operations on or in relation to rail infrastructure or rolling stock of a rail transport operator must comply with the safety management system of the rail transport operator to the extent that it applies to those railway operations.
Maximum penalty:
(a)  in the case of a corporation—3,000 penalty units, or
(b)  in the case of an individual—300 penalty units.
24   ITSRR may direct amendment of a safety management system
(1)  The ITSRR may direct a rail transport operator, by notice in writing, to amend the operator’s safety management system within a specified period, being not less than 28 days after the giving of the direction.
(2)  A direction under this section must state the reasons why the ITSRR considers it is necessary for the rail transport operator to amend the safety management system.
(3)  The rail transport operator must not, without reasonable excuse, fail to comply with a direction under this section.
Maximum penalty: 500 penalty units.