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Contents (2008 - 610)
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Rail Safety (General) Regulation 2008
Repealed version for 7 December 2012 to 19 January 2013 (accessed 21 August 2017 at 12:53)
Part 4
Part 4 Safety reports and investigations
26   Periodic information to be supplied
(1)  For the purposes of section 61 (3) of the Act, a rail infrastructure manager must provide to the ITSRR a monthly return that sets out for the month the length, in kilometres, of track in this State over which it has effective management and control.
(2)  For the purposes of section 61 (3) of the Act, a rolling stock operator must provide to the ITSRR a monthly return that sets out for the month the following particulars:
(a)  the number of kilometres travelled in this State by passenger trains over which it has effective management and control,
(b)  the number of kilometres travelled in this State by freight trains over which it has effective management and control,
(c)  the number of journeys (either estimated or actual) made by passengers in urban areas of this State on passenger trains over which it has effective management and control,
(d)  the number of journeys (either estimated or actual) made by passengers in non-urban areas of this State on passenger trains over which it has effective management and control.
(3)  For the purposes of section 61 (3) of the Act, a rail infrastructure manager must provide an annual return that sets out for each year commencing on 1 July (commencing with 1 July 2009):
(a)  the length, in kilometres, of track over which it estimates it will have effective management and control, and
(b)  the number of employees that the manager estimates are likely to be engaged in rail safety work in connection with the manager’s railway operations for the year.
(4)  For the purposes of section 61 (3) of the Act, a rolling stock operator must provide an annual return that sets out for each year commencing on 1 July:
(a)  an estimate of the matters listed in subclause (2) (a)–(d) in relation to the year, and
(b)  the number of employees that the operator estimates are likely to be engaged in rail safety work in connection with the operator’s railway operations for the year.
(5)  A rail transport operator must provide:
(a)  a monthly return required to be provided under this clause to the ITSRR as soon as is practicable after the end of each month, and not later than the 21st day of the following month, and
(b)  an annual return required to be provided under this clause before 29 July in the year for which the return is to be provided, or before any other date or period that is specified by the ITSRR.
27   Notifiable occurrences and classes of notifiable occurrences
(1)  The following are notifiable occurrences of Category A:
(a)  an accident or incident that has caused death, serious injury or significant property damage,
(b)  a running line derailment,
(c)  a running line collision between rolling stock,
(d)  a collision at a road or pedestrian level crossing between rolling stock and either a motor vehicle or a person,
(e)  a fire or explosion on or in rail infrastructure or rolling stock that affects the safety of railway operations or that endangers one or more people,
(f)  a suspected terrorist attack,
(g)  any accident or incident involving a significant failure of a safety management system that could have caused death, serious injury or significant property damage,
(h)  the theft of or from rolling stock or railway premises of a rail transport operator of security sensitive dangerous goods (within the meaning of the Australian Dangerous Goods Code prepared by the National Transport Commission as in force on the commencement of this Regulation) or the tampering with any such goods on rolling stock or railway premises of a rail transport operator,
(i)  any other accident or incident that is likely to generate intense public interest or concern.
(2)  The following are notifiable occurrences of Category B:
(a)  a derailment, other than a running line derailment,
(b)  a collision involving rolling stock,
(c)  any accident or incident at a road or pedestrian level crossing arising from a failure of rail infrastructure or that caused a risk to safety or damage to a person or property,
(d)  the passing of a stop signal, or a signal with no indication, by rolling stock without authority,
(e)  any accident or incident where rolling stock exceeds the limits of authorised movement given in a proceed authority,
(f)  any failure of a signalling or communications system that endangers, or that has the potential to endanger, the safe operation of trains or the safety of people, or that causes or could cause damage to adjoining property,
(g)  any slip, trip or fall by a person on, to or from a train, railway track, railway bridge, station, platform, escalator, lift or stairs, or any person being caught in the door of any rolling stock,
(h)  any situation where a load affects, or could affect, the safe passage of trains or the safety of people, or causes or could cause damage to adjoining property,
(i)  any accident or incident involving dangerous goods that affects, or could affect, the safety of railway operations or the safety of people, or that causes or could cause damage to adjoining property,
(j)  any breach of a safe working system or procedure, or the detection of any irregularity or deficiency in such a system or procedure,
(k)  any irregularity in any rail infrastructure (including electrical infrastructure and any obstruction on a running line) that could affect the safety of railway operations or the safety of people,
(l)  any irregularity in any rolling stock that could affect the safe operation of the train or the safety of people, or cause damage to the rolling stock,
(m)  any fire or explosion that causes damage to rail infrastructure or rolling stock, or both, or that causes the disruption or closure of a railway (even if the closure is only a precautionary measure),
(n)  any accident or incident on railway premises where a person inflicts, or is alleged to have inflicted, an injury on another person,
(o)  a suspected attempt to suicide,
(p)  if a rail safety worker employed by a rail transport operator has returned a result to a test designed to determine the concentration of alcohol or other drugs in a sample of blood or urine that suggests that the worker was in breach of a relevant safety requirement concerning the use of alcohol or other drugs at a relevant time,
(q)  the infliction of any wilful or unlawful damage to, or the defacement of, any rail infrastructure or rolling stock that could affect the safety of railway operations or the safety of people,
(r)  any accident or incident in a rail corridor that indicates that the security of the corridor is compromised and that affects, or may affect, the safety of railway operations.
(3)  If a Category A or B notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must give the ITSRR or an authority specified by the ITSRR under section 63 of the Act a written report of the occurrence within 72 hours after becoming aware of the occurrence.
(4)  A report under this clause is to be given in the manner and form approved, and contain the information required, by the ITSRR.
(5)  The ITSRR may extend a time limit specified in this clause for giving a report by notice in writing to a rail transport operator and any such notice has effect accordingly.
(6)  The requirement to provide a report to the ITSRR under this clause is in addition to any other requirement imposed on a rail transport operator under this Regulation or the Act to notify the ITSRR or the Chief Investigator.
28   Category A occurrences also to be notified by telephone
(1)  If a Category A notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must notify the ITSRR or an authority specified by the ITSRR under section 63 of the Act by telephone as soon as practicable after becoming aware of the occurrence.
(2)  A rail transport operator is to provide the following information when notifying a Category A notifiable occurrence:
(a)  the name of each rail transport operator involved in the occurrence,
(b)  brief details of the occurrence, including the number of people injured or killed (if any), the emergency services that attended (if any) and any actions taken by the emergency services or rail transport operators in response to the occurrence,
(c)  the name and telephone number of an individual who can be immediately contacted to provide further details of the occurrence and who, if practicable, is at the scene.
Note.
 The ITSRR has specified the Chief Investigator as the authority for this purpose, under section 63 of the Act.
29   Authority and ITSRR to share information
(1)  An authority is to provide the ITSRR with access to any details of a notification given under clause 28 that the ITSRR may require, including access to any telephone recording that may have been made.
(2)  The ITSRR is to provide the Chief Investigator with access to any details of a notification given to the ITSRR under this Part that the Chief Investigator may require.
(3)  This clause does not apply to a train safety recording (within the meaning of Division 3 of Part 4 of the Act), any part of a train safety recording or any information obtained from a train safety recording.
30   Disclosure of train safety records
(1)  For the purposes of section 78 (e) of the Act, a train safety recording may be published or communicated by and to the persons set out in subclause (2), but only if the publication or communication is made for any of the following purposes:
(a)  the analysis or monitoring of railway operations or rail safety or related matters,
(b)  without limiting paragraph (a), the auditing of compliance by rail safety workers with any systems, procedures, instructions or orders relating to the carrying out of railway operations.
(2)  A train safety recording may be published or communicated:
(a)  by a rail transport operator or an employee or contractor of the operator to another rail transport operator or an employee or contractor of another operator, or
(b)  by an employee or contractor of a rail transport operator to the operator or another employee or contractor of the operator, or
(c)  by a rail transport operator to an employee or contractor of the operator.
(3)  For the purposes of section 78 (e) of the Act, a train safety recording may be published or communicated by or on behalf of a rail transport operator to the ITSRR.