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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 27 May 2017 at 14:34)
Part 2 Division 2 Section 21
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.