RAIL SAFETY NATIONAL LAW (NSW) - SECT 231
Supervisory intervention order
RAIL SAFETY NATIONAL LAW (NSW) - SECT 231
Supervisory intervention order
231 Supervisory intervention order
(1) The court that finds a person guilty of an offence against this Law may,
on the application of the prosecutor or the Regulator, if the court considers
the person to be a systematic or persistent offender against the Australian
rail safety laws, make an order under this section.
(2) The court may make a
supervisory intervention order requiring the person (at the person's own
expense and for a specified period not exceeding 1 year) to do all or any of
the following--
(a) to do specified things that the court considers will
improve the person's compliance with this Law or specified aspects of this
Law, including (for example) the following--
(i) appointing or removing staff
to or from particular activities or positions;
(ii) training and supervising
staff;
(iii) obtaining expert advice as to maintaining appropriate
compliance;
(iv) installing monitoring, compliance, managerial or operational
equipment;
(v) implementing monitoring, compliance, managerial or operational
practices, systems or procedures;
(b) to conduct specified monitoring,
compliance, managerial or operational practices, systems or procedures subject
to the direction of the Regulator or a person nominated by the Regulator;
(c)
to furnish compliance reports to the Regulator or the court or both as
specified in the order;
(d) to appoint a person to have responsibilities--
(i) to assist the person in improving compliance with this Law or specified
aspects of this Law; and
(ii) to monitor the person's performance in
complying with this Law or specified aspects of this Law and in complying with
the requirements of the order; and
(iii) to furnish compliance reports to the
Regulator or the court or both as specified in the order.
(3) The court may
specify matters that are to be dealt with in compliance reports and the form
and manner in which, and frequency with which, compliance reports are to be
prepared and furnished.
(4) The court may require that compliance reports or
aspects of compliance reports be made public, and may specify the form and
manner in which, and frequency with which, they are to be made public.
(5)
The court may only make a supervisory intervention order if it is satisfied
that the order is capable of improving the person's ability or willingness to
comply with this Law, having regard to--
(a) the offences against Australian
rail safety laws of which the person has been previously found guilty; and
(b) the offences against Australian rail safety laws for which the person has
been proceeded against by way of unwithdrawn expiation notices or infringement
notices; and
(c) any other offences or other matters that the court considers
to be relevant to the conduct of the person in connection with railway
operations.
(6) The order may direct that any other penalty or sanction
imposed for the offence by the court is suspended until the court determines
that there has been a substantial failure to comply with the order.
(7) A
court that has power to make supervisory intervention orders may revoke or
amend a supervisory intervention order on the application of--
(a) the
Regulator; or
(b) the person in respect of whom the order was made, but in
that case only if the court is satisfied that there has been a change of
circumstances warranting revocation or amendment.
(8) A person who is subject
to a requirement of a supervisory intervention order must not engage in
conduct that results in a contravention of the requirement.
: Maximum
penalty--
(a) in the case of an individual--$10 000;
(b) in the case of a
body corporate--$50 000.
(9) In this section--
"compliance report" , in relation to a person in respect of whom a supervisory
intervention order is made, means a report relating to--
(a) the performance
of the person in complying with--
(i) the rail safety laws or aspects of rail
safety laws specified in the order; and
(ii) the requirements of the order;
and
(b) without limiting the above--
(i) things done by the person to ensure
that any failure by the person to comply with the rail safety laws or the
specified aspects of the rail safety laws does not continue; and
(ii) the
results of those things having been done.
