RAIL SAFETY ACT 2006

Victorian Consolidated Legislation

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RAIL SAFETY ACT 2006

No. 9 of 2006
Version incorporating amendments as at 31 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions and interpretation
4. Declaration of substances to be a drug
5. Meaning of control
6. Railways to which this Act does not apply
7. Rail safety work
8. Approval of person to take blood samples for the purposes of Part 6.
9. Declaration of an alcohol and drug control law of another State or Territory to be corresponding law
10. References to contraventions of Acts to be read as including references to contraventions of regulations
11. Objects and principles of rail safety
12. Crown to be bound

PART 2-PRINCIPLES OF RAIL SAFETY

13. Principle of shared responsibility
14. Principle of accountability for managing safety risks
15. Principle of integrated risk management
16. Principle of enforcement
17. Principle of transparency and consistency
18. Principle of participation, consultation and involvement of all affected persons

PART 3-RAIL SAFETY DUTIES AND OTHER SAFETY REQUIREMENTS

Division 1-The concept of ensuring safety

19. The concept of ensuring safety

Division 2-Safety duties of rail infrastructure managers and
rolling stock operators

20. Duty of rail infrastructure managers to ensure safety of rail infrastructure operations
21. Duty of rolling stock operators to ensure safety of rolling stock operations

Division 3-Safety duties of other persons

22. Rail contractor duties
22A. Duties of persons providing rail operations by means of contracted personnel
23. Duties of rail safety workers

Division 4-Safety management systems

24. What is a safety management system?
25. Form and contents of safety management systems
26. Rail operator must consult before establishing safety management system
27. Rail operator to have in place a safety management system
28. Rail operator must comply with a safety management system
28A. Provision of access to SMS to Safety Director or transport
safety officer

Division 5-Safety audits and audits of medical records of rail
safety workers

29. Safety audits
30. Audit of medical records of rail safety workers

Division 6-Other matters

31. Single charge for multiple contraventions of certain duties
32. Civil liability not affected by Division 2 or 3.

PART 4-PROTECTION AND CONTROL OF RAIL OPERATIONS

33. Safety Director may require utility works or rail operations to stop
33A. Safety Director may give directions in relation to safe arrangements for the conducting of works on rail land
34. Safety Director may direct utility works or rail operations to
be altered, demolished or taken away

PART 5-ACCREDITATION OF RAIL INFRASTRUCTURE AND ROLLING STOCK OPERATIONS

Division 1-Preliminary matters

35. Purpose of accreditation

Division 2-Accreditation

36. Offence for certain rail infrastructure managers not to be accredited
37. Rolling stock operators must not operate rolling stock unless accredited
38. Application for accreditation
39. Criteria on which accreditation applications by rail infrastructure managers are to be assessed
40. Criteria on which accreditation applications by rolling stock operators are to be assessed
41. Accreditation following direction
42. Safety Director may give directions in relation to rolling stock operator applicants
43. Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications
44. Time within which Safety Director must make decision whether to accredit
45. Notification and reasons to be given if accreditation refused
46. Restrictions and conditions concerning accreditation
47. How long accreditation lasts
48. Offence to fail to comply with conditions etc.

Division 3-Risk management requirements for accreditation

49. Application of Division
50. Identification of incidents and hazards, and risk assessment
51. Measures to control likelihood, magnitude and severity of consequences of incidents
52. Emergency planning

Division 4-Variation and surrender of accreditation

53. Accredited rail operator may apply for variation or revocation of conditions and restrictions
54. Application for variation of accreditation is required in certain cases
54A. Where application for variation relates to co-operative rail operations
54B. Prescribed conditions and restrictions
55. Safety Director may vary, revoke or impose new conditions or restrictions of an accreditation on own initiative
56. Surrender of accreditation
57. False or misleading information

Division 5-Disciplinary action

58. Power of immediate suspension
59. Disciplinary action against an accredited rail operator
60. Procedure and powers concerning disciplinary inquiries
61. Effect of suspension

Division 6-Miscellaneous

62. Accreditation cannot be transferred
62A. Co-ordination between Safety Director and corresponding
Rail Safety Regulator
63. Accreditation exemptions for private siding rail operations
64. Revocation of accreditation exemptions for private siding rail operations
65. Accredited rail operators must demonstrate ongoing compliance with risk management requirements
66. Exemption from ongoing compliance with risk management requirements
67. Accredited rail operator must investigate railway accidents
and incidents
68. Accredited rail operator must put into effect emergency plan without delay
69. Accredited rail operator must notify emergency services and others of a major incident
69A. Accredited rail operators to provide information

PART 6-ALCOHOL AND OTHER DRUG CONTROLS FOR RAIL SAFETY WORKERS

Division 1-Preliminary matters

70. Definitions
71. Presumptions in relation to presence of concentrations of alcohol and other drugs
72. When a rail safety worker is not to be taken to be impaired
73. When a rail safety worker is to be regarded as being about to carry out rail safety work
74. Findings of guilt and convictions and subsequent offences
75. Entry into residential premises not allowed without a warrant

Division 2-Offences, testing and analysis

76. Offences involving alcohol
77. Preliminary breath tests
78. Breath analysis
79. Drug assessment
80. Blood and urine samples
81. Destruction of identifying information
82. Blood samples to be taken in certain cases

Division 3-Evidentiary provisions

83. Evidentiary provisions-blood tests
84. Evidentiary provisions-urine tests
85. Evidentiary provisions-breath tests

Division 4-Other matters

86. Approvals

PART 7-REVIEW OF DECISIONS

87. Reviewable decisions
88. Internal review
89. Review by the Tribunal
90. Special right of review concerning interstate applicants

PART 8-CODES OF PRACTICE

91. Codes of practice
92. Revisions to approved codes of practice
93. Revocation of approvals of codes of practice
94. Availability of approved codes of practice
95. Minister must consult before approving code of practice or revision to code of practice
96. Effect of approved code of practice

PART 9-GENERAL

Division 1-Offences by bodies corporate

97. Imputing conduct to bodies corporate
98. Liability of officers of bodies corporate

Division 2-Offences by partnerships and unincorporated bodies or associations

99. Liability of officers of partnerships and unincorporated bodies or associations

Division 3-Proceedings against the Crown

100. Responsible agency for the Crown

Division 4-Other matters

101. Interaction with the Occupational Health and Safety
Act 2004.
102. Effect of compliance with regulations or approved codes of practice
103. Fees for service
104. Tabling and disallowance of certain Orders, notices and approved codes of practice

Division 5-Regulations

105. Accreditation
106. Safety duties and risk management requirements and minimisation
107. Safety management systems
108. Rail safety work
109. Alcohol and other drug controls
110. General regulation making powers

PART 10-AMENDMENT OF TRANSPORT ACT 1983.

111. Definitions
112. New Subdivision 1 heading inserted into Division 1 of Part II
113. Objects and functions of the Department
114. New Subdivision 2 heading inserted into Division 1 of Part II
115. Functions and powers of Director
116. New sections 9AA to 9AC inserted
rail safety projects
117. New Subdivision 3 of Division 1 of Part II inserted
Subdivision 3-Director, Public Transport Safety
misconduct etc.
or control
and consult about mandatory rail safety decisions
118. New Subdivision 4 heading inserted into Division 1 of Part II
119. Repeal
120. Amendment of heading to Part VII
121. Definition
122. New Division 4AAA of Part VII inserted

Division 4AAA-Transport safety offences
Subdivision 1-Interpretation
not to affect other offences
Subdivision 2-Offences
tracks without permission also guilty of offence
weight declaration

123. Repeal of certain offences
124. New section 223 substituted
125. New Division 4B of Part VII inserted

Division 4B-Enforcement of relevant transport safety
laws
Subdivision 1-Interpretation
Subdivision 2-Transport Safety Officers
transport safety officers
Subdivision 3-Powers of entry
Subdivision 4-Inspection, inquiry, search and seizure powers
Subdivision 5-Search warrants
Subdivision 6-Directions
related items
Subdivision 7-Seized things and samples taken
Subdivision 8-Miscellaneous provisions relating to enforcement powers
of powers under this Division
Subdivision 9-Improvement notices
improvement notices
Subdivision 10-Prohibition notices
Subdivision 11-Other matters
Subdivision 12-Review of decisions relating to
improvement and prohibition notices

126. New section 229A and 229B inserted
127. New section 230A and Divisions 6 and 7 of Part VII inserted
laws

Division 6-Sentencing orders in relation to relevant transport safety laws

Division 7-Other matters
Subdivision 1-Interpretation
Subdivision 2-Liability
duty law

128. Service
129. Statute law revision

PART 11-OTHER AMENDMENTS TO ACTS, SAVINGS AND TRANSITIONALS

Division 1-Amendment of Public Transport Competition Act 1995.

130. Application for accreditation
131. Matters to be considered
132. Giving or refusal of accreditation
133. Conditions of accreditation
134. Change of conditions etc.
135. Duration of accreditation
136. Requirement to notify of charges etc.
137. Periodical returns
138. Application for renewal of accreditation
139. Renewal of accreditation
140. Nature of accreditation
141. Safety Director not liable for giving accreditation
142. Supervision of accredited persons
143. Procedure and powers
144. Immediate power of suspension
145. Review by Victorian Civil and Administrative Tribunal
146. Codes of practice
147. Fees
148. Delegation
149. No compensation payable

Division 2-Amendment of Rail Corporations Act 1996.

150. New definition inserted
151. Objective of Rail Track
152. Functions and powers of Rail Track
153. New section 12 inserted
154. Definition of access provider amended and new definitions inserted
155. Decisions not to interfere with certain directions of the Safety Director
156. Statute law revision

Division 3-Other amendments

157. Electricity Industry Act 2000 amendment-New section 85 substituted and new sections 93A to 93C inserted
158. Gas Industry Act 2001 amendment-New sections 147A
and 149A to 149C inserted
159. Magistrates' Court Act 1989 amendment-Certain indictable offences triable summarily etc.
160. Road Management Act 2004 amendment-New Division 4A
of Part 4 of that Act inserted

Division 4A-Safety duties in relation to works on or near rail infrastructure
in immediate vicinity of rail infrastructure or rolling stock
stock
offences

161. Water Act 1989 amendment-New sections 137A to 137C inserted
carried out
162. Water Industry Act 1994 amendment-New sections 62A to 62C inserted

Division 4-Savings and transitional provisions

163. Definitions
164. General transitional provision
165. Savings and transitional regulations
166. Declaration Order in relation to tourist and heritage operation
and railways
167. Orders and approvals relating to alcohol and other drug
controls under the Transport Act 1983.
168. Authorities for the purposes of Part 6.
169. Specified procedures for carrying out assessment of drug impairment
170. Existing applications for accreditation
171. Review of decisions in relation to applications of accreditation transitioned under this Division
172. Existing accreditations deemed to be accreditations under this Act
173. Expiry of transitional accreditations and post new scheme accreditations
174. Conditions and restrictions of transitional accreditations may
be varied in accordance with Division 4 of Part 5.
175. Transitional accreditations may be surrendered
176. Existing application for changes of conditions or restrictions
of accreditation
177. Change of conditions or restrictions on accreditation on
initiative of Secretary
178. Compliance with certain provisions not required while accreditations under Division are in force
179. Accreditations transitioned under Division not Part 5 accreditations for purposes of section 65.
180. Private sidings
181. References to Secretary in transitional accreditations to be
read as references to Safety Director
182. Codes of Practice
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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