New South Wales Consolidated Acts

RAIL SAFETY ACT 2008

- As at 1 January 2012
- Act 97 of 2008

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Interpretation
   5.      Railways to which this Act does not apply
   6.      Management of risks
   6A.     What is “reasonably practicable” in ensuring safety
   7.      Rail safety work

   PART 2 - GENERAL RAIL SAFETY

           Division 1 - Duties to ensure public safety of railway operations

   8.      Duties of rail transport operators and other persons carrying out railway operations
   9.      Duties of designers, manufacturers, suppliers etc
   10.     Duties of rail safety workers
   11.     (Repealed)

           Division 2 - Safety management of railway operations

   12.     Safety management system
   13.     Implementation of and compliance with safety management system
   14.     Review of safety management system
   15.     Safety performance reports
   16.     Security management plan
   17.     Emergency management plan
   18.     Health and fitness management program
   19.     Drug and alcohol management program
   20.     Fatigue management
   21.     Competence of rail safety workers
   22.     Identification for rail safety workers
   23.     Other persons to comply with safety management system
   24.     ITSRR may direct amendment of a safety management system

           Division 3 - Interface co-ordination

   25.     Interpretation
   26.     Interface co-ordination-rail transport operators
   27.     Interface co-ordination-rail infrastructure manager-public roads
   28.     Interface co-ordination-rail infrastructure manager-roads other than public roads
   29.     Interface co-ordination-obligations of roads authorities
   30.     Assessment of risks
   31.     Scope of interface agreements
   32.     Interface arrangements may be directed to be made
   33.     Register of interface agreements

   PART 3 - ACCREDITATION OF RAIL TRANSPORT OPERATORS

           Division 1 - Requirement for accreditation

   34.     Purpose of accreditation
   35.     Accreditation required for railway operations
   36.     Purpose for which accreditation may be granted
   37.     Accreditation offences

           Division 2 - Applications for accreditation

   38.     Application for accreditation
   39.     What applicant for accreditation must demonstrate
   40.     ITSRR may direct applicants to co-ordinate and co-operate in applications
   41.     Co-ordination between ITSRR and other Rail Safety Regulators
   42.     Determination of application
   43.     Prescribed conditions and restrictions
   44.     Accreditation cannot be transferred or assigned
   45.     Sale or transfer of railway operations by accredited person

           Division 3 - Accreditation fees and inspection of documents

   46.     Annual accreditation fees
   47.     Differential accreditation fees
   48.     Payment of annual fees
   49.     Late payment fees
   50.     Waiver of fees
   51.     Keeping and making available documents for public inspection

           Division 4 - Surrender, revocation and variation of accreditation

   52.     Surrender of accreditation
   53.     Suspension or revocation of accreditation
   54.     Immediate suspension of accreditation
   55.     Application for variation of accreditation
   56.     Determination of application for variation of accreditation
   57.     Variation of conditions and restrictions
   58.     ITSRR may make changes to conditions or restrictions
   59.     Prescribed conditions and restrictions

           Division 5 - Private sidings

   60.     Exemption from accreditation

   PART 4 - SAFETY REPORTS AND INVESTIGATIONS

           Division 1 - Safety reports

   61.     Rail transport operators to provide information
   62.     Industry safety reports
   63.     Notifiable occurrences
   64.     Confidential reporting of safety information by rail safety workers

           Division 2 - Investigations of accidents and incidents

   65.     Investigation into railway accidents and incidents by rail transport operators
   66.     Information may not be used in certain proceedings
   67.     Investigations by Chief Investigator
   68.     Chief Investigator and transport safety investigator’s functions
   69.     Rail safety inquiries
   70.     Chief Investigator may request rail safety inquiry
   71.     Assessors
   72.     Witnesses and evidence at rail safety inquiries
   73.     Report on rail safety inquiry
   74.     Tabling of reports

           Division 3 - Disclosure of train safety records

   75.     Definitions
   76.     Disclosure of train safety record to Commonwealth or Commonwealth authority
   77.     Disclosure of train safety records (other than train safety recordings) to a court or person
   78.     Disclosure of train safety recordings
   79.     Evidence of train safety recordings in criminal proceedings
   80.     Evidence of train safety recordings in civil proceedings
   81.     Examination by a court of train safety recording
   82.     Compliance with subpoenas and other directions
   83.     Admissibility of other evidence and liability

           Division 4 - Audit by ITSRR

   84.     Audit of railway operations of rail transport operators

   PART 5 - INVESTIGATION POWERS

           Division 1 - Powers of entry

   85.     Power to enter places
   86.     Limitation on entry powers-places used for residential purposes
   87.     Notice of entry

           Division 2 - General enforcement powers of rail safety officers

   88.     General powers after entering a place
   89.     Powers of rail safety officers in relation to relevant documents
   90.     Use of assistants and equipment
   91.     Use of electronic equipment
   92.     Use of equipment to examine or process things
   93.     Securing a site

           Division 3 - Search warrants

   94.     Search warrants

           Division 4 - Powers to support seizure

   95.     Directions relating to seizure
   96.     Receipt for seized things
   97.     Access to seized thing
   98.     Embargo notices

           Division 5 - Dealings with seized items

   99.     Return of seized things
   100.    Forfeiture of sample or thing
   101.    Dealing with forfeited sample or thing
   102.    Application of Law Enforcement (Powers and Responsibilities) Act 2002

           Division 6 - Directions

   103.    Rail safety officers may direct certain persons to give assistance
   104.    Power to direct name and address be given
   105.    Failure to give name or address
   106.    Power to obtain information, documents and evidence
   107.    Failure to comply with notice

           Division 7 - Miscellaneous

   108.    Directions may be given under more than one provision
   109.    Temporary closure of railway crossings
   110.    Restoring rail infrastructure and rolling stock etc to original condition after action taken
   111.    Use of force

   PART 6 - IMPROVEMENT AND PROHIBITION NOTICES

           Division 1 - Improvement notices

   112.    Improvement notices
   113.    Contravention of improvement notice
   114.    Withdrawal or amendment of improvement notices
   115.    Proceedings for offences not affected by improvement notices
   116.    ITSRR to arrange for rail safety work required by improvement notice to be carried out

           Division 2 - Prohibition notices

   117.    Prohibition notice
   118.    Contravention of prohibition notice
   119.    Oral direction before prohibition notice served
   120.    Withdrawal or amendment of prohibition notice
   121.    Proceedings for offences not affected by prohibition notices

           Division 3 - General provisions relating to notices

   122.    Review of notices by ITSRR
   123.    Appeal to Industrial Magistrate following review
   124.    Application to Industrial Magistrate for stay of prohibition notice
   125.    Revocation or withdrawal of notice does not prevent issue of another notice

   PART 7 - OFFENCES, PENALTIES AND OTHER SANCTIONS

           Division 1 - Offences

   126.    Obstructing or hindering rail safety officers
   127.    Offence to impersonate rail safety officer
   128.    Offences involving accreditation
   129.    Notice to be given of certain matters
   130.    Tampering with railway equipment
   131.    Railway offences

           Division 2 - Proceedings for offences

   132.    Proceedings for offences
   133.    Period within which proceedings for offences may be commenced
   134.    Authority to take proceedings
   135.    Multiple contraventions of general duties
   136.    Duty of officers
   137.    Continuing offences
   138.    Proceedings against the Crown and public authorities
   139.    Penalty notices

           Division 3 - Enforceable voluntary undertakings

   140.    ITSRR may accept undertakings
   141.    Enforcement of undertakings

           Division 4 - Court-based sanctions

   142.    Commercial benefits order
   143.    Supervisory intervention order
   144.    Contravention of supervisory intervention order
   145.    Exclusion orders
   146.    Contravention of exclusion order

   PART 8 - ADMINISTRATION

   147.    Delegation by Minister
   148.    Appointment of rail safety officers
   149.    Reciprocal powers of rail safety officers
   150.    Identification cards for rail safety officers
   151.    Rail safety officer must not exercise functions without identification card
   152.    Display and production of identification card
   153.    Return of identification cards
   154.    ITSRR may exercise functions of rail safety officers

   PART 9 - MISCELLANEOUS

   155.    Act to bind Crown
   156.    Exchange of information
   157.    Reviewable decisions
   158.    Review by ITSRR and ADT
   159.    Protection from incrimination
   160.    Records and evidence from records
   161.    Certificate evidence
   162.    Disclosure of information
   163.    Civil liability not affected by Part 2
   164.    Exclusion of personal liability
   165.    Exclusion of liability of the State
   166.    Immunity for reporting unfit rail safety worker
   167.    Approval of compliance codes and guidelines
   168.    Use of compliance codes
   169.    Effect of compliance code
   170.    Recovery of certain costs
   171.    Recovery of amounts due
   172.    Contracting out prohibited
   173.    Service of documents
   174.    Regulations
   175.    Application of work health and safety legislation
   176.    Repeal
   177.    Savings, transitional and other provisions
   178.    (Repealed)
   179.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)