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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Repealed version for 7 December 2012 to 19 January 2013 (accessed 25 April 2017 at 18:42)
Part 4 Division 1
Division 1 Safety reports
61   Rail transport operators to provide information
(1)  The ITSRR may, by notice in writing given to a rail transport operator, require the operator to provide to the ITSRR on or before a specified date and in a manner and form approved by the ITSRR, any or all of the following:
(a)  information concerning measures taken by the rail transport operator to promote rail safety,
(b)  information relating to the financial capacity or insurance arrangements of the rail transport operator, to rail safety or to the accreditation of the rail transport operator that the ITSRR reasonably requires.
(2)  A rail transport operator must comply with a notice given to the operator under subsection (1).
Maximum penalty:
(a)  in the case of a corporation—500 penalty units, or
(b)  in the case of an individual—250 penalty units.
(3)  A rail transport operator must provide to the ITSRR, in a manner and form approved by the ITSRR and at the prescribed times and in respect of the prescribed periods, information prescribed by the regulations for the purposes of this subsection relating to rail safety or accreditation.
Maximum penalty:
(a)  in the case of a corporation—500 penalty units, or
(b)  in the case of an individual—250 penalty units.
62   Industry safety reports
(1)  The ITSRR must, in each year, provide to the Minister an industry safety report relating to the carrying out of railway operations by accredited persons.
(2)  Without limiting subsection (1), a report under that subsection must include the following:
(a)  information on the development of rail safety, including on aggregated statistics of a prescribed class (if any) reported to the ITSRR under a rail safety law, in respect of that year,
(b)  information on any improvements and important changes in relation to rail safety.
(3)  The ITSRR must also report on the matters prescribed by the regulations for the purposes of this section and may report on such other matters as the ITSRR thinks fit.
(4)  A report under this section may be included in the annual report of the ITSRR under the Annual Reports (Statutory Bodies) Act 1984.
63   Notifiable occurrences
(1)  A rail transport operator must report to the ITSRR or another authority specified by the ITSRR within the time, and in the manner, prescribed by the regulations, all notifiable occurrences that happen on, or in relation to, the rail transport operator’s railway premises or railway operations.
Maximum penalty: 750 penalty units.
(2)  Two or more rail transport operators may make a joint report with respect to a notifiable occurrence affecting them.
(3)  In addition to the matters specified in subsection (1), the ITSRR may, by notice in writing, require a rail transport operator to report to the ITSRR or another authority specified by the ITSRR any other occurrence or type of occurrence that endangers or could endanger the safe operation of any railway operations.
(4)  A rail transport operator must comply with a notice served under subsection (3).
Maximum penalty: 500 penalty units.
(5)  The ITSRR may require information in a report under this section to be verified by statutory declaration.
64   Confidential reporting of safety information by rail safety workers
(1)  The Chief Investigator may establish a system for the voluntary reporting by rail safety workers of matters that may affect the safe carrying out of railway operations.
(2)  The Chief Investigator must not disclose to any other person, or to any court, any information that may identify a rail safety worker who provides information under any such voluntary reporting system unless:
(a)  the worker 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 Chief Executive or any member of staff of the ITSRR.
(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.
Note.
 Under section 210 of the Industrial Relations Act 1996, it is an offence to victimise an employee because the employee informs about, or gives evidence in relation to, a notifiable occurrence or the safety or reliability of railway operations. Section 213 of that Act sets out the remedies available to an employee in those circumstances. Also, section 104 of the Work Health and Safety Act 2011 protects an employee who makes a complaint about workplace safety or risks to health.