RAIL SAFETY NATIONAL LAW (WA) REGULATIONS 2015 - REG 57
RAIL SAFETY NATIONAL LAW (WA) REGULATIONS 2015 - REG 57
57 . Reporting of notifiable occurrences
(1) For the purposes
of the definition of notifiable occurrence in section 4 (Interpretation)
of the Law and this regulation —
(a) a
notifiable occurrence specified in Schedule 1A Division 1 is a
Category A notifiable occurrence ; and
(b) a
notifiable occurrence specified in Schedule 1A Division 2 is a
Category B notifiable occurrence (unless that occurrence is also a
Category A notifiable occurrence); and
(c) a
notifiable occurrence specified in Schedule 1A Division 3 is a
Category C notifiable occurrence (unless that occurrence is also a
Category A or a Category B notifiable occurrence).
(2) For the purposes
of section 121 (Notification of certain occurrences) of the Law, if
a Category A notifiable occurrence happens on, or in relation to, a rail
transport operator’s railway premises or railway operations, the
operator must —
(a)
immediately after becoming aware of the occurrence — give an oral
report of the occurrence to the Regulator; and
(b) give
the Regulator a written report of the occurrence, within the period, and that
contains the particulars, as required in respect of the giving of a written
report of an immediately reportable matter under the Transport Safety
Investigation Act 2003 (Commonwealth), as in force from time to time.
(3) For the purposes
of section 121 (Notification of certain occurrences) of the Law, if a
Category B notifiable occurrence happens on, or in relation to, a rail
transport operator’s railway premises or railway operations, the
operator must —
(a) give
the Regulator a written report of the occurrence within the period, and that
contains the particulars, as required in respect of the giving of a written
report of a routine reportable matter under the Transport Safety
Investigation Act 2003 (Commonwealth), as in force from time to time; and
(b)
within 14 days (or such longer period as may be allowed by the Regulator)
after becoming aware of the occurrence, provide any other information required
by the Regulator in respect of the occurrence that is not included in the
report under paragraph (a).
(3A) For the purposes
of section 121 (Notification of certain occurrences) of the Law, if a
Category C notifiable occurrence happens on, or in relation to, a rail
transport operator’s railway premises or railway operations during a
reporting period, the operator must, subject to subregulations (3B) and
(3C), give the Regulator a written report that provides a summary of any such
occurrences within 6 months after the end of the reporting period.
(3B) A report under
subregulation (3A) must —
(a)
provide the total number of Category C notifiable occurrences with
respect to each month of the reporting period, and each type of such
occurrences, as required by the Regulator; and
(b)
unless otherwise specified by the Regulator, be made in conjunction with a
safety performance report required by section 103 (Safety performance
reports) of the Law.
(3C) The Regulator
may, by written notice, require a rail transport operator to provide a report
under subregulation (3A), at such other times, and in relation to such
other periods, and in such manner, as specified in the notice (which may be in
addition to a report otherwise provided in accordance with that
subregulation).
(3D) For the purposes
of subregulations (3A) and (3B), reporting period has the same meaning as
in section 103(3) (Safety performance reports) of the Law.
(4) The rail transport
operator must ensure that any report the operator makes under this regulation
is in the form, contains all the information, and is made in the manner,
required by the Regulator.
[Regulation 57 amended: SL 2020/75
r. 5; SL 2022/66 r. 8.]