Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 22A

Duties of persons providing rail operations by means of contracted personnel

22A. Duties of persons providing rail operations by means of contracted
personnel



(1) A person (a labour-hire entity) who under an agreement or arrangement
supplies to a rail infrastructure manager the services of an individual that
labour-hire entity employs or engages to carry out rail infrastructure
operations for that manager must, so far as is reasonably practicable, ensure
that that individual is competent to carry out the rail infrastructure
operations.

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

(2) A person (a labour-hire entity) who under an agreement or arrangement
supplies to a rolling stock operator the services of an individual that
labour-hire entity employs or engages to carry out rolling stock operations
for that operator must, so far as is reasonably practicable, ensure that that
individual is competent to carry out rolling stock operations.

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

(3) An offence against subsection (1) or (2) 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).