RAIL SAFETY NATIONAL LAW (NSW) - SECT 50 Principles of shared responsibility, accountability, integrated risk management, etc

RAIL SAFETY NATIONAL LAW (NSW) - SECT 50

50 Principles of shared responsibility, accountability, integrated risk management, etc

(1) Rail safety is the shared responsibility of--

(a) rail transport operators; and

(b) rail safety workers; and

(c) other persons who--

(i) design, commission, construct, manufacture, supply, install, erect, maintain, repair, modify or decommission rail infrastructure or rolling stock; or

(ii) supply rail infrastructure operations or rolling stock operations to rail operators; or

(iii) in relation to the transport of freight by railway--load or unload freight on or from rolling stock; and

(d) the Regulator; and

(e) ONRSR; and

(f) the public.

(2) The level and nature of responsibility that a person referred to in subsection (1), or falling within a class of person referred to in that subsection, has for rail safety is dependent on the nature of the risk to rail safety that the person creates from the carrying out of an activity (or the making of a decision) and the capacity that person has to control, eliminate or mitigate those risks.

(3) The persons and classes of persons referred to in subsection (1) should--

(a) participate in or be able to participate in; and

(b) be consulted on; and

(c) be involved in the formulation and implementation of,

measures to manage risks to safety associated with railway operations.

(4) Managing risks associated with the carrying out of rail infrastructure operations or rolling stock operations is the responsibility of the person best able to control those risks.

(5) If approaches to managing risks associated with any particular railway have potential impacts on any other railway or a railway network of which the railway is a part, the best practicable rail safety outcome should be sought.