Rail Safety Act 2008 No 97
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).