Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 20

Duty of rail infrastructure managers to ensure safety of rail infrastructure operations

20. Duty of rail infrastructure managers to ensure safety of rail
infrastructure operations



(1) A rail infrastructure manager must, so far as is reasonably practicable,
ensure the safety of rail infrastructure operations carried out by the rail
infrastructure manager.

Penalty: In the case of a natural person, 1800 penalty units; In the case of a
body corporate, 9000 penalty units.

(2) Without limiting subsection (1), a rail infrastructure manager contravenes
that subsection if the rail infrastructure manager fails to do any of the
following-

   (a)  provide or maintain rail infrastructure that is, so far as is
        reasonably practicable, safe;

   (b)  provide or maintain systems of rail safety work that are, so far as is
        reasonably practicable, safe;

   (c)  provide, so far as is reasonably practicable, such-

   (i)  information, instruction, training or supervision to rail safety
        workers as is necessary to enable those workers to perform their rail
        safety work in a way that is safe; and

   (ii) information to persons on railway premises (other than rail safety
        workers) as is necessary to enable those persons to ensure their
        safety.

(3) An offence against subsection (1) is an indictable offence.

Note However, the offence may be heard and determined summarily (see section
53 of, and Schedule 4 to, the Magistrates' Court Act 1989).