Contents (2008 - 610)
Rail Safety (General) Regulation 2008
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.