Victorian Consolidated Legislation

Rail Safety Act 2006 - SECT 59

Disciplinary action against an accredited rail operator

59. Disciplinary action against an accredited rail operator



(1) The Safety Director may hold an inquiry for the purpose of determining
whether proper cause exists for taking disciplinary action against a relevant
person.

(2) There is proper cause for taking disciplinary action against a relevant
person if the relevant person-

   (a)  has contravened this Act or Division 4B of Part VII of the
        Transport Act 1983 (regardless of whether or not the person has been
        prosecuted in relation to that contravention); or

   (b)  has not complied with Division 4 of Part 3; or

   (c)  does not have the financial capacity, or public risk insurance
        arrangements, to meet reasonable potential accident liabilities
        arising from the carrying out of rail infrastructure operations or
        rolling stock operations (as the case requires); or

   (d)  has not demonstrated to the Safety Director that the person is able to
        carry out rail infrastructure operations or rolling stock operations
        (as the case requires) safely; or

   (e)  obtained the accreditation improperly; or

   (f)  has not paid any fee required by the regulations.

(3) If, following an inquiry, the Safety Director is satisfied that proper
cause for taking disciplinary action against the relevant person exists, the
Safety Director may do one or more of the following-

   (a)  reprimand the relevant person;

   (b)  if the relevant person is an accredited rail operator-

   (i)  warn the person that should further proper cause for taking
        disciplinary action be found to exist, the person may be disqualified
        from holding an accreditation;

   (ii) impose one or more new conditions or restrictions of the
        accreditation;

   (iii) impose an expiry date on the accreditation;

   (iv) suspend the accreditation for a specified period or until a specified
        event or until a further determination is made by the Safety Director;

   (v)  cancel the accreditation immediately or with effect from a specified
        later date;

   (c)  disqualify the relevant person from holding an accreditation-

   (i)  until a specified event; or

   (ii) until a further determination is made by the Safety Director.

(4) In this section-

relevant person means an accredited rail operator or a person who was an
accredited rail operator.