RAIL SAFETY NATIONAL LAW (NSW) - SECT 122
Investigation of notifiable occurrences
RAIL SAFETY NATIONAL LAW (NSW) - SECT 122
Investigation of notifiable occurrences
122 Investigation of notifiable occurrences
(1) The Regulator may, by written notice given to a rail transport operator,
require the operator to investigate notifiable occurrences, or any other
occurrences that have endangered or may endanger the safe operation of the
railway operations carried out by the operator.
(2) The level of
investigation must be determined by the severity and potential consequences of
the notifiable occurrence as well as by other similar occurrences and its
focus should be to determine the cause and contributing factors, rather than
to apportion blame.
(3) The rail transport operator must ensure that the
investigation is conducted in a manner approved by the Regulator and within
the period specified by the Regulator.
: Maximum penalty--
(a) in the case of
an individual--$20 000;
(b) in the case of a body corporate--$100 000.
(4) A
rail transport operator who has carried out an investigation under this
section must report to the Regulator on the investigation in a manner
specified by the Regulator within the period specified by the Regulator.
:
Maximum penalty--
(a) in the case of an individual--$20 000;
(b) in the case
of a body corporate--$100 000.
(5) However, information or a document
provided by a rail transport operator in a report under this section is not
admissible as evidence against the operator in civil or criminal proceedings
other than proceedings arising out of the false or misleading nature of the
information or document.
