Rail Safety (Local Operations) Regulations 2006FILE/06-96sr013.docx · Web view14AReview and revision of systems and arrangements for registered rail transport operators of private

Version No. 013

Rail Safety (Local Operations) Regulations 2006

S.R. No. 96/2006

Version incorporating amendments as at19 July 2016

TABLE OF PROVISIONSRegulation Page

Part 1—Preliminary 1

1 Objective 12 Authorising provisions 13 Commencement 14 Definitions 25 Scope of meaning of rail safety work 3

Part 2—Accreditation 5

Division 1AA—Exemption from accreditation 5

6AA Certain rolling stock operators exempt 5

Division 1—Application for accreditation 5

6 Application for accreditation 58 Ongoing notification of change of details 8

Division 1A—Exemptions 8

8A Information to be provided by applicants under section 61B(2) of the Act 8

8B What an applicant must demonstrate under section 61C of the Act 10

8C Exemption subject to conditions 118D Application for variation of an exemption 11

Division 1B—Registration of rail transport operators of private sidings 12

8E Application for registration 128F Prescribed details for required notification of granting or

variation of registration 148G Application for variation of registration 15

1

Division 2—Emergency plans 15

9 Preparation and communication of an emergency plan 1610 Matters to be included in an emergency plan 1711 Keeping, maintaining and testing an emergency plan 1812 Review and revision of emergency plan 19

Part 3—Safety management systems 20

13 Content of a SMS for accredited rail transport operators 2013A Systems and arrangements for exempt rail transport operators 2014 Review and revision 2114A Review and revision of systems and arrangements for

registered rail transport operators of private sidings 2215 Provision of SMS to Safety Director 2216 Copies of SMS to be kept 2316A Copies of safety interface agreements to be kept available to

public 2316B Copies of system and arrangements to be kept 23

Part 5—Rail safety workers 24

Division 1—Alcohol and drug controls 24

19 Preliminary breath test devices 2420 Procedure for breath analysis 2421 Procedure for taking blood sample 2522 Procedure after taking blood samples 2523 Certificate under section 85(8) 2724 Particulars of report of assessment of drug impairment 2725 Certificate under section 86I(5) 2926 Certificate under section 86I(6) 3027 Certificate under section 86I(7) 3128 Certificate under section 86I(8) 3229 Devices prescribed for the purposes of oral fluid analysis and

drug screening tests 3230 Procedure for carrying out oral fluid analysis or drug

screening tests 3331 Procedure after taking oral fluid sample 3332 Certificate under section 86J(5) 3433 Certificate under section 86J(6) 3433A Certificate under section 86J(7) 3534 Duty to provide indicative positive results to Safety Director 35

Division 2—Health and fitness of rail safety workers 36

35 Rail transport operator to ensure workers are fit to carry out rail safety work 36

36 Fatigue management 3737 Health assessments 38

2

Division 3—Competence 38

38 Competence of rail safety workers 3839 Assessment of rail safety worker competence 3940 Records of competence and training 40

Part 6—Reporting 42

Division 1—Duties relating to railway accidents and incidents 42

41 Definitions 4242 Safety Director may specify notifiable accident or incident or

notifiable circumstance 4343 Duty to notify railway accidents or incidents 4344 Duty to notify notifiable circumstances 4445 Investigation report 44

Division 1A—Operational reporting and notifications 45

46 Monthly reports 4546A Notification to Safety Director of certain decisions or changes 4647 Exemptions from reporting requirements 4948 Duty to preserve accident or incident site 49

Division 2—Annual reviews and reports 50

49 Annual reviews and reports 50

Part 7—Fees 52

50 Accreditation application fee 5251 Fee for temporary accreditation 5252 Fee for registration of a private siding 5253 Accreditation fee 5254 Annual fees 5354A Exemption from fees 5355 Late payment fees 5456 Refund of application or annual fees 54

Schedules 55

Schedule 1—Fees 55

Schedule 2—Matters and information to be contained in a safety management system of an accredited rail transport operator 59

Schedule 3—Matters and information to be contained in the system and arrangements of a registered rail transport operator of a private siding 73

Schedule 4—Investigation reports 75

═══════════════

3

Endnotes 76

1 General information 76

2 Table of Amendments 78

3 Amendments Not in Operation 79

4 Explanatory details 80

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Version No. 013

Rail Safety (Local Operations) Regulations 2006

S.R. No. 96/2006

Version incorporating amendments as at19 July 2016

Part 1—Preliminary1 Objective

The objective of these Regulations is to promote safe local rail operations in Victoria by prescribing requirements for—

(a) accreditation of rail infrastructure managers and rolling stock operators;

(b) emergency plans;

(c) safety management systems;

(d) alcohol and drug controls for rail safety workers;

(e) the health, fitness and competence of rail safety workers;

(f) reporting of accidents, incidents and inquiries;

(g) fees for services.

2 Authorising provisions

These Regulations are made under Division 5 of Part 9 of the Rail Safety Act 2006.

3 Commencement

(1) These Regulations (except Part 4, regulations 36, 39, 45 to 48 and Division 2 of Part 6) come into operation on 1 August 2006.

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Reg. 1 amended by S.R. No. 30/2014 reg. 6.

(2) Part 4, regulations 36, 39, 45 to 48 and Division 2 of Part 6 come into operation on 1 November 2006.

4 Definitions

In these Regulations—

* * * * *

approved means approved in writing by the Safety Director;

AQF has the same meaning as in the Education and Training Reform Act 2006;

AQTF means the Australian Quality Training Framework within the meaning of the Skilling Australia's Workforce Act 2005 of the Commonwealth;

control measure means a measure used to control the likelihood, magnitude and severity of consequences of incidents;

exempt rail operator means a rail operator who holds an exemption under Division 5A of Part 5 or section 69B of the Act;

health assessment national standard means National Standard for Health Assessment of Rail Safety Workers, published by the National Transport Commission in

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Reg. 4 def. of accredited tourist and heritage railway operator revoked by S.R. No. 30/2014 reg. 7(a).

Reg. 4 def. of AQF inserted by S.R. No. 9/2008 reg. 5.

Reg. 4 def. of AQTF inserted by S.R. No. 30/2014 reg. 7(b).

Reg. 4 def. of exempt rail operator inserted by S.R. No. 113/2011 reg. 5, amended by S.R. No 30/2014 reg. 7(c).Reg. 4 def. of health assessment national standard inserted by S.R. No. 9/2008 reg. 5, substituted by S.R. No. 30/2014 reg. 7(d).

October 2012, as amended from time to time;

running line means any railway track on which rolling stock operates other than a railway track in a depot or yard, or a railway track that is a siding;

SMS means safety management system;

the Act means the Rail Safety (Local Operations) Act 2006.

5 Scope of meaning of rail safety work

(1) For the purposes of section 7 of the Act, the following work, if not undertaken on railway premises, is not rail safety work for the purposes of Part 6 of the Act and Part 4—

(a) designing—

(i) rolling stock; or

(ii) civil or electric traction infrastructure; or

(iii) signalling or telecommunications systems;

(b) any work relating to the design of rail infrastructure or associated works, or equipment;

(c) any work involving the development of safe working systems for railways.

(2) For the purposes of section 7 of the Act, maintaining, monitoring or inspecting rail

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Reg. 4 def. of the Act amended by S.R. No. 30/2014 reg. 7(e).

Reg. 5 amended by S.R. No. 9/2008 reg. 6 (ILA s. 39B(2)).

Reg. 5(1)(a)(iii) amended by S.R. No. 30/2014 reg. 8.

Reg. 5(2) inserted by S.R. No. 9/2008 reg. 6.

infrastructure or associated works for the purpose of assessing or undertaking fire prevention work is not rail safety work for the purposes of Division 2 of Part 5.

(3) For the purposes of section 7 of the Act, monitoring, inspecting or testing of—

(a) rolling stock; or

(b) civil or electric traction infrastructure; or

(c) signalling or telecommunications systems—

is not rail safety work if undertaken by a transport safety officer for compliance and investigative purposes.

(4) In this regulation compliance and investigative purposes has the same meaning as in section 228S(1) of the Transport (Compliance and Miscellaneous) Act 1983.

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Reg. 5(3) inserted by S.R. No. 9/2008 reg. 6.

Reg. 5(3)(c) amended by S.R. No. 30/2014 reg. 8.

Reg. 5(4) inserted by S.R. No. 9/2008 reg. 6, amended by S.R. No. 104/2011 reg. 3.

Part 2—Accreditation

Division 1AA—Exemption from accreditation

6AA Certain rolling stock operators exempt

A rolling stock operator who only operates rolling stock that is an emergency response vehicle is exempt from the requirement to be accredited under Part 5 of the Act in respect of the following rolling stock operations—

(a) the use of that rolling stock in an emergency or rescue operation; or

(b) the use of that rolling stock for training for emergency or rescue operations; or

(c) the testing of that rolling stock.

* * * * *

Division 1—Application for accreditation6 Application for accreditation

(1) For the purposes of section 38(3)(b)(ii) of the Act, a rail transport operator must provide the following with an application for accreditation—

Pt 2 Div. 1AA (Heading and regs 6AA, 6AB) inserted by S.R. No. 9/2008 reg. 7.

Reg. 6AA inserted by S.R. No. 9/2008 reg. 7.

Reg. 6AB inserted by S.R. No. 9/2008 reg. 7, amended by S.R. No. 104/2011 reg. 4, revoked by S.R. No. 30/2014 reg. 9.

Reg. 6(1) amended by S.R. No. 114/2010 reg. 3(1)(2), substituted by S.R. No. 30/2014 reg. 10.

Part 1—Preliminary

Rail Safety (Local Operations) Regulations 2006S.R. No. 96/2006

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(a) a description of the nature, character and scope of the rail transport operator's proposed railway operations;

(b) the name and contact details of the person making the application;

(c) evidence of competence and capacity, including—

(i) details of the knowledge, skills and experience of the persons who will be responsible for the development, management and maintenance of the SMS so that those persons perform their allocated tasks and discharge their allocated responsibilities effectively;

(ii) details about the resources and systems that will be relied upon by the rail transport operator to carry out its railway operations safely;

(d) documentary evidence that the rail transport operator complies with section 26 of the Act;

(e) documentary evidence that the rail transport operator's SMS complies with Division 4 of Part 3 of the Act;

(f) evidence to the satisfaction of the Safety Director that the rail transport operator has—

(i) the financial capacity; or

(ii) public risk insurance arrangements—

to meet reasonable potential accident liabilities arising from the carrying out of the railway operations;

(g) information identifying potential risks to the safety of railway operations that may require



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the development of a safety interface agreement;

(h) if a rail transport operator is a rolling stock operator, evidence of any agreement with the rail transport operator who controls the rail infrastructure on which the rolling stock operator wishes to operate particular rolling stock;

(i) if any of the railway operations that the applicant intends to carry out under the accreditation are to be carried out by any other person on behalf of the applicant—

(i) the name and contact details of each such person; and

(ii) details of the railway operations that it is intended the person will carry out on behalf of the applicant.

(2) In addition, if the applicant under section 38 of the Act is not an individual, the applicant must for the purposes of section 38(3)(b)(ii) of the Act, provide evidence that the application has been endorsed—

(a) if the applicant is a body corporate—

(i) that is a company within the meaning of the Corporations Act—in accordance with section 127 of that Act; or

(ii) in any other case—by its governing body; and

(b) if the applicant is a partnership—by each partner; and

(c) if the applicant is an unincorporated association or body—by its governing body.

Note

Reg. 6(2) amended by S.R. No. 114/2010 reg. 3(3), substituted by S.R. No. 30/2014 reg. 10.



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The application must also be accompanied by the relevant fee: see section 38(3)(b)(i) of the Act.

* * * * *

8 Ongoing notification of change of details

(1) An accredited rail transport operator must, within 28 days, notify in writing, the Safety Director of any change to information—

(a) relating to the operator's application for accreditation; or

(b) relating to item 3.2 of Schedule 2; or

(c) that was included in the application submitted by the operator for that accreditation.

Example

Changes with respect to the name of the accredited rail transport operator, the registered business name or trading name of the accredited rail transport operator, the name of directors, or the registered business address.

(2) Subregulation (1) is a condition of accreditation.

Division 1A—Exemptions

8A Information to be provided by applicants under section 61B(2) of the Act

(1) An application for an exemption must contain—

(a) the following details of the applicant—

(i) the applicant's name;

Reg. 7 revoked by S.R. No. 30/2014 reg. 11.

Reg. 8(1) amended by S.R. No. 30/2014 reg. 12(1).

Example to reg. 8(1) amended by S.R. No. 30/2014 reg. 12(2).

Pt 2 Div. 1A (Heading and regs 8A–8D) inserted by S.R. No. 30/2014 reg. 13.

Reg. 8A inserted by S.R. No. 30/2014 reg. 13.



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(ii) the applicant's residential address or, in the case of a body corporate or partnership, its registered business address; and

(b) if the applicant is a partnership—

(i) evidence of the partnership; and

(ii) the names of all partners at the time of the application; and

(c) if the applicant is an unincorporated body or association other than a partnership—

(i) the certificate of business name or other document that is evidence of the existence of the applicant; and

(ii) the names of all members of the committee of management of the association or body at the time of the application; and

(d) if the applicant is a company, co-operative or incorporated association—

(i) the certificate of incorporation; and

(ii) the names of the directors at the time of the application; and

(e) if the applicant is a body corporate other than a company, co-operative or incorporated association—

(i) a document that is evidence of the existence of the applicant; and

(ii) the names of all office-bearers at the time of the application; and



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(f) the name and contact details of the person or persons appointed by the applicant—

(i) to respond to any queries the Safety Director may have in relation to the application; and

(ii) to be responsible for the exemption and to respond to any queries that the Safety Director may have in relation to the exemption; and

(g) the specific designated provision from which an exemption is sought; and

(h) if the applicant holds an accreditation, details of that accreditation; and

(i) if the applicant holds a registration, details of that registration.

(2) If a person applies for an exemption from a designated provision and any part of the railway operations in respect of which the exemption is sought is intended to be carried out by another person or persons, the application must contain—

(a) the name and contact details of such a person; and

(b) details of the railway operations that it is intended that the person will carry out on behalf of the applicant.

8B What an applicant must demonstrate under section 61C of the Act

For the purposes of section 61C(b)(ii) of the Act, an applicant must demonstrate that—

(a) the granting of the exemption will not reduce the safety of the railway operations in respect of which the exemption is sought; and

Reg. 8B inserted by S.R. No. 30/2014 reg. 13.



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(b) the applicant has sufficient competence and capacity to manage risks to safety associated with the railway operations in respect of which the exemption is sought, having regard to the scale and nature of the railway operations for which the exemption is sought.

8C Exemption subject to conditions

For the purposes of section 61D(2) of the Act, it is a condition of an exemption that the rail transport operator must—

(a) keep a copy of the notification of the exemption granted; and

(b) produce a copy of the exemptions, together with any variation given under section 61F or imposed under section 61I, on the request of the Safety Director; and

(c) notify the Safety Director if—

(i) the nature of the railway operations for which an exemption has been granted changes; or

(ii) the details specified in the application for exemption change; and

(d) notify the Safety Director immediately after becoming aware that a railway accident or incident has occurred.

8D Application for variation of an exemption

For the purposes of section 61E(3)(b) of the Act, an application for a variation of an exemption must contain—

(a) details of the scope and nature of the proposed variation; and

Reg. 8C inserted by S.R. No. 30/2014 reg. 13.

Reg. 8D inserted by S.R. No. 30/2014 reg. 13.



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(b) details of the changes that will be made to the applicant's scheme for the management of risks to safety associated with the railway operations to be carried out if the proposed variation occurs.

Division 1B—Registration of rail transport operators of private sidings

8E Application for registration

(1) For the purposes of section 69D(2)(e) of the Act, an application for registration must contain—

(a) the following identification details of the applicant—

(i) the applicant's name;

(ii) the applicant's registered business name and trading name (if different from the registered business name);

(iii) if the applicant has an ACN, the applicant's ACN or, in any other case, the applicant's ABN;

(iv) the applicant's residential address or, in the case of a body corporate, registered business address; and

(b) the name and contact details of the person or persons appointed by the applicant—

(i) to respond to any queries that the Safety Director may have in relation to the application; and

(ii) to be responsible for registration and to respond to any queries that the Safety

Pt 2 Div. 1B (Heading and regs 8E–8G) inserted by S.R. No. 30/2014 reg. 13.

Reg. 8E inserted by S.R. No. 30/2014 reg. 13.



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Director may have in relation to registration; and

(c) if any of the railway operations that the applicant intends to carry out under the registration are to be carried out by any other person on behalf of the applicant—

(i) the name and contact details of each such person; and

(ii) details of the railway operations that it is intended the person will carry out on behalf of the applicant; and

(d) copies of any safety interface agreement to which the applicant is a party.

(2) In addition, if an applicant under section 69D of the Act is not an individual, the application must, for the purposes of section 69D(2)(e) of the Act, contain evidence that the application has been submitted to and endorsed—

(a) if the applicant is a body corporate—

(i) that is a company within the meaning of the Corporations Act—in accordance with section 127 of that Act; or

(ii) in any other case—by its governing body; and

(b) if the applicant is a partnership—by each partner; and

(c) if the applicant is an unincorporated association or body—by its governing body.

(3) For the purposes of section 69D(2)(d)(i) of the Act, if the private siding is to be (or continue to be) connected with, or to have access to, a railway of an accredited rail transport operator, an application for registration must contain the



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following details of the accredited rail transport operator—

(a) the operator's name;

(b) the operator's registered business name and trading name (if different from the registered business name);

(c) if the operator has an ACN, the operator's ACN or, in any other case, the operator's ABN;

(d) the operator's residential address or, in the case of a body corporate, registered business address.

(4) For the purposes of section 69D(2)(d)(ii) of the Act, if the private siding is to be (or continue to be) connected with, or to have access to, another private siding, an application for registration must contain the following—

(a) details about the scale and complexity of the other private siding;

(b) details about the extent of the railway track layout and other rail infrastructure of the other private siding;

(c) details about the railway operations to be carried out in the other private siding;

(d) the name and contact details of the owner of the other private siding.

8F Prescribed details for required notification of granting or variation of registration

(1) For the purposes of sections 69F(3)(b)(i) and 69H(2)(b)(i) of the Act, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 8A(1)(a).

Reg. 8F inserted by S.R. No. 30/2014 reg. 13.



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(2) For the purposes of section 69F(3)(b)(ii) of the Act, the prescribed details of the private siding required to be specified in the notification are details of—

(a) the location of the private siding; and

(b) the railway operations to be carried out in the private siding.

8G Application for variation of registration

For the purposes of sections 69G(3)(b) and 69J of the Act, an application for a variation of a registration or an application for a variation of a condition or restriction imposed by the Regulator, must contain—

(a) details of the scope and nature of the proposed variation; and

(b) details of the changes that will be made to the applicant's scheme for the management of risks to safety associated with the railway operations to be carried out in the private siding if the proposed variation occurs; and

(c) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—

(i) who was consulted; and

(ii) when and how the consultation occurred; and

(iii) the results of the consultation.

Division 2—Emergency plansNote

An emergency plan required under the Act and referred to in this Division is different to a risk management plan required under section 29 of the Terrorism (Community Protection) Act 2003.

Reg. 8G inserted by S.R. No. 30/2014 reg. 13.



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9 Preparation and communication of an emergency plan

(1) An emergency plan under section 52 of the Act must be prepared in conjunction with—

(a) any government agencies with emergency management functions in the area to which the plan relates; andExample

The Victorian WorkCover Authority has responsibility for dangerous goods.

(b) other rail transport operators who may be affected by the implementation of the plan.Note

Section 52(4)(b)(i) of the Act states that an emergency plan must be prepared in conjunction with the emergency services and any other prescribed person.

(2) A rail transport operator who is required to develop an emergency plan in conjunction with government agencies or other operators must do so by—

(a) sharing with the agencies or operators information in relation to the proposed emergency plan; and

(b) giving the agencies or operators a reasonable opportunity to express their views about the plan; and

(c) taking into account those views.

(3) A rail transport operator who has developed an emergency plan must communicate the content of the plan to—

Reg. 9(1)(b) amended by S.R. No. 30/2014 reg. 14(1).





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(a) rail safety workers, rail contractors and employees of the rail operator who may be required to implement the emergency plan; and

(b) the relevant emergency services; and

(c) the government agencies referred to in subregulation (1).

10 Matters to be included in an emergency plan

An emergency plan must address—

(a) the consequences of a major incident occurring;

(b) methods to prevent an emergency from escalating;

(c) initial response procedures for dealing with an emergency and the provision of rescue services;

(d) recovery procedures for the restoration of railway operations and for the assistance of persons affected by the occurrence of an emergency;

(e) the allocation of roles and responsibilities to persons employed by the rail transport operator relating to emergency management, including arrangements for communication and co-operation between organisations in the event of an emergency;

(f) processes for the training of personnel who will be responsible for implementing the emergency plan and arrangements to maintain the competence of those persons in emergency management;

(g) call-out procedures;

(h) the allocation of personnel for the on-site management of the emergency;

Reg. 10(d) amended by S.R. No. 30/2014 reg. 15(1).

Reg. 10(e) amended by S.R. No. 30/2014 reg. 15(2).



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(i) procedures for liaison with relevant emergency services, including information about the circumstances in which the emergency services should be immediately contacted;

(j) procedures to ensure that emergency services are provided with all the information that is reasonably required to enable them to respond effectively to an emergency;

(k) the intervals within which the plan must be reviewed, being intervals not longer than 3 years.

11 Keeping, maintaining and testing an emergency plan

(1) A rail transport operator must ensure, so far as is reasonably practicable, that training in the relevant elements of the plan is provided to rail safety workers, rail contractors and employees of the rail transport operator who may be required to implement the emergency plan.

Penalty:10 penalty units.

(2) A rail transport operator must test the emergency plan or elements of the plan to ensure the plan remains effective—

(a) at intervals determined by the operator in conjunction with the emergency services when preparing the emergency plan; and

(b) after any significant changes are made to the plan.

(3) A rail transport operator must, so far as is reasonably practicable, arrange for participation in the testing of the emergency plan or elements of the plan by relevant emergency services.

Reg. 11(1) amended by S.R. No. 30/2014 reg. 16.





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(4) A rail transport operator must ensure that in-house exercises to test the plan are undertaken on a regular basis.

(5) A rail transport operator must ensure that the emergency plan is comprehensible, and is readily accessible, to—

(a) all employees of the operator, rail safety workers and rail contractors engaged by the operator, who may be required to implement any emergency response procedures in the emergency plan; and

(b) any utilities that may be required to implement any part of the emergency plan; and

(c) emergency services.


12 Review and revision of emergency plan

A rail transport operator must review, and if necessary revise, the emergency plan—

(a) at intervals specified in the emergency plan; and

(b) following the occurrence of a major incident; and

(c) if testing of the emergency plan reveals that the plan should be reviewed.

Penalty: 5 penalty units.






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Part 3—Safety management systems13 Content of a SMS for accredited rail transport

operators

For the purposes of section 25 of the Act, a SMS established by an accredited rail transport operator must contain the matters and information contained in Schedule 2.

13A Systems and arrangements for exempt rail transport operators

(1) For the purposes of section 28B of the Act, the systems and arrangements established by a rail transport operator exempted under Division 5A of Part 5 of the Act must contain—

(a) information submitted by the rail transport operator with the application for exemption; and

(b) a copy of the exemption granted by the Safety Director under section 61D of the Act, including any conditions imposed by the Safety Director; and

(c) a copy of any variation to the exemption granted by the Safety Director under section 61F of the Act, including any conditions imposed by the Safety Director.

(2) For the purposes of section 28B of the Act, the systems and arrangements established by a rail transport operator exempted under section 69B of the Act must contain the matters and information contained in Schedule 3.

Reg. 13 (Heading) amended by S.R. No. 30/2014 reg. 18(1).

Reg. 13 substituted by S.R. No. 113/2011 reg. 6, amended by S.R. No. 30/2014 reg. 18(2).

Reg. 13A inserted by S.R. No. 113/2011 reg. 7, substituted by S.R. No. 30/2014 reg. 19.



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14 Review and revision

(1) An accredited rail transport operator must ensure that its SMS is reviewed—

(a) at intervals that do not exceed 5 years; or

(b) at shorter intervals as specified in its SMS.


(2) An accredited rail transport operator must review, and revise where necessary, its SMS if—

(a) the accredited rail transport operator is required to apply for a variation of accreditation under section 54(1) of the Act; or

(b) a major incident occurs; or

(c) a recommendation of a safety audit is that the SMS should be reviewed.


(3) The accredited rail transport operator must record the date the SMS is reviewed.


(4) A review of the SMS may form part of the annual review required by regulation 49.

14A Review and revision of systems and arrangements for registered rail transport operators of private sidings

Reg. 14(1) amended by S.R. Nos 113/2011 reg. 8(1), 30/2014 reg. 20.


Reg. 14(2)(a) amended by S.R. Nos 113/2011 reg. 8(2), 30/2014 reg. 20.


Reg. 14A (Heading) amended by S.R. No. 30/2014 reg. 21(1).




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(1) A rail transport operator who is registered under section 69F of the Act must ensure that its system and arrangements are reviewed—

(a) at intervals that do not exceed 5 years; or

(b) at shorter intervals as specified in its system and arrangements.


(2) A rail transport operator who is registered under section 69F of the Act must review, and revise where necessary, its system and arrangements if—

(a) a major incident occurs; or

(b) a recommendation of a safety audit is that the system and arrangements should be reviewed.


(3) The rail transport operator who is registered under section 69F of the Act must record the date the system and arrangements are reviewed.


15 Provision of SMS to Safety Director

(1) The Safety Director may request an accredited rail transport operator to—

(a) provide a copy of, or parts of, the SMS to the Safety Director; or

(b) provide a summary of the SMS to the Safety Director.

(2) An accredited rail transport operator must comply with a request under subregulation (1) within 7 days after receiving the request.


Reg. 14A(1) amended by S.R. No. 30/2014 reg. 21(2).







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16 Copies of SMS to be kept

An accredited rail transport operator must keep an up to date copy of the SMS.


16A Copies of safety interface agreements to be kept available to public

For the purposes of keeping and maintaining a safety management system, an accredited rail transport operator must keep a copy of a safety interface agreement that forms part of the safety management system established and maintained by that rail transport operator available for inspection free of charge by any person affected by that agreement.


16B Copies of system and arrangements to be kept

An exempt rail transport operator must keep an up to date copy of the system and arrangements established under section 28B of the Act.


* * * * *

Reg. 16 amended by S.R. Nos 113/2011 reg. 11, 30/2014 reg. 23.

Reg. 16A inserted by S.R. No. 59/2009 reg. 11, amended by S.R. Nos 113/2011 reg. 12, 30/2014 reg. 24.

Reg. 16B inserted by S.R. Nos 113/2011 reg. 13, 30/2014 reg. 25.

Pt 4 (Heading and regs 17, 18) revoked by S.R. No. 59/2009 reg. 12.



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Part 5—Rail safety workers

Division 1—Alcohol and drug controls19 Preliminary breath test devices

The devices prescribed for the purposes of section 84 of the Act are the breath testing devices known as—

(a) the lion alcolmeter SD-400 Touch; and

(b) the Lion Alcolmeter also known as the lion alcolmeter S-D2; and

(c) the lion alcolmeter SD-400PA; and

(d) the Alcolizer LE; and

(e) AlcoQuant 6020.

20 Procedure for breath analysis

It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 85(7) of the Act to operate a breath analysing instrument—

(a) does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and

(b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and

Reg. 19 amended by S.R. No. 59/2009 reg. 5, substituted by S.R. No. 113/2011 reg. 14, amended by S.R. No. 30/2014 reg. 26(1).

Reg. 19(d) amended by S.R. No. 30/2014 reg. 26(2).

Reg. 19(e) inserted by S.R. No. 30/2014 reg. 26(3).




24

(c) uses only a mouthpiece which, until required for taking the breath sample, has been kept in a sealed container.

21 Procedure for taking blood sample

If a blood sample is taken by a registered medical practitioner or an approved health professional for the purposes of the Act, the site of the puncture must be cleansed with a swab taken from a container which—

(a) appears to be sealed against contamination; and

(b) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol.

22 Procedure after taking blood samples

(1) A registered medical practitioner or an approved health professional who takes a blood sample must ensure that—

(a) the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and

(b) each container is vacuum sealed or sealed with a septum seal; and

(c) each container in which the sample is placed bears a label stating—

(i) that the container holds a specific anti-coagulant and preservative such as potassium oxalate and sodium fluoride; and

(ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and



25

(d) each container has attached to it a label bearing the signature of the registered medical practitioner or approved health professional, the date and the time the blood sample was taken, and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken.

(2) If a blood sample is taken under section 85 of the Act, the registered medical practitioner or approved health professional must give one of the containers to a member of the police force and another to the person from whom the sample was taken.

(3) If a blood sample is taken under section 86H of the Act and has, in accordance with this regulation, been placed in containers which have been sealed and labelled, the registered medical practitioner or approved health professional must ensure that—

(a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and

(b) one container is placed and sealed in a container labelled "screening sample"; and

(c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken.

23 Certificate under section 85(8)

A certificate given under section 85(8) of the Act must contain the following particulars—




Reg. 23 amended by S.R. No. 30/2014 reg. 29(2).



26

(a) the serial number of the breath analysing instrument; and

(b) the sample number; and

(c) the location of the test; and

(d) the name and date of birth of the person whose breath is analysed; and

(e) the surname of the operator; and

(f) the results of the self tests conducted by the breath analysing instrument before and after the person's breath is analysed; and

(g) the results of zero tests conducted by the breath analysing instrument before and after the person's breath is analysed; and

(h) the date and time the person's breath was analysed.

24 Particulars of report of assessment of drug impairment

For the purposes of section 86D(7) of the Act, a report of assessment of drug impairment must contain the following particulars—

(a) particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender;

(b) the date and time at which the person underwent the assessment;

(c) the place at which the person underwent the assessment;

(d) the time (if any) reported to the transport safety officer or member of the police force (as the case requires) carrying out the assessment as the latest time the person carried out rail safety work;




27

(e) whether the person underwent a preliminary breath test in accordance with section 83 of the Act or furnished a sample of breath for analysis by a breath analysing instrument and, if so, the result of the test or analysis, if known;

(f) the record of interview of the person carried out by the transport safety officer or the member of the police force carrying out the assessment;

(g) particulars of any medical treatment sought by or for the person;

(h) any statements made by the person concerning a drug or drugs;

(i) any observations made by the transport safety officer or member of the police force carrying out the assessment of the person in relation to—

(i) any apparent injury or illness of the person;

(ii) whether the person smelt of intoxicating liquor;

(iii) the person's speech;

(iv) the person's eyes;

(v) the person's breathing;

(vi) the person's skin;

(vii) the person's movement;

(viii) the person's balance;

(ix) the state of the person's clothing;

(x) the person's actions;

(xi) the person's demeanour;

Reg. 24(e) amended by S.R. No. 30/2014 reg. 30(2).



28

(xii) any physical signs of drug use by the person;

(xiii) the person's ability to comprehend instructions;

(xiv) the person's ability to divide attention;

(xv) whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs;

(j) whether the assessment, in the opinion of the transport safety officer or member of the police force carrying it out, indicates that the person may be impaired by a drug or drugs;

(k) the name, identification number and signature of the transport safety officer, or the name, rank, station and signature of the member of the police force (as the case requires) carrying out the assessment.

25 Certificate under section 86I(5)

A certificate for the purposes of section 86I(5) of the Act must contain the following particulars—

(a) a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with; and

(b) the name of the person from whom the blood sample was taken; and

(c) the time and date the blood sample was taken; and





29

(d) the name and signature of the registered medical practitioner or approved health professional who took the blood sample.


A certificate for the purposes of section 86I(6) of the Act must contain, in addition to a statement as to the concentration of alcohol found in the sample of blood, the following particulars—

(a) a statement by the approved analyst that the analyst is an approved analyst within the meaning of section 86I(1) of the Act; and

(b) a statement as to the method of analysis used; and

(c) the name and signature of the approved analyst; and

(d) the date the analysis was conducted; and

(e) a description of the contents of the identification label referred to in regulation 22(1)(d) attached to the container in which the blood sample is placed.


A certificate under section 86I(7) of the Act must contain the following particulars—



Reg. 26(a) amended by S.R. No. 30/2014 reg. 32(3), substituted by S.R. No. 23/2016 reg. 5(1).

Reg. 26(c) amended by S.R. No. 23/2016 reg. 5(2).





30

(a) a statement by the approved analyst that he or she is an approved analyst within the meaning of section 86I of the Act; and

(b) a statement as to the method of analysis used; and

(c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the sample of blood analysed; and

(d) the name of the substance found to be present in the sample of blood analysed; and

(e) the name and signature of the approved analyst; and

(f) the date on which the analysis was conducted; and

(g) a description of the identification label referred to in regulation 22(1)(d) attached to the container in which the blood sample is placed.


A certificate under section 86I(8) of the Act must contain the following particulars—

(a) a statement by the approved expert that he or she is an approved expert within the meaning of section 86I of the Act; and

Reg. 27(a) amended by S.R. No. 30/2014 reg. 33(3).



Reg. 28(a) amended by S.R. No. 30/2014 reg. 34(3).



31

(b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including the effect on a person's ability to carry out rail safety work properly); and

(c) the name and signature of the approved expert.

29 Devices prescribed for the purposes of oral fluid analysis and drug screening tests

For the purposes of the definitions of drug screening test and oral fluid analysis in section 70 of the Act, the following devices are prescribed—

(a) the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN;

(b) the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO;

(c) the oral fluid testing device known as the Cozart RapiScan;

(d) the oral fluid screening device known as the Medvet Oral7;

(e) the oral fluid screening device known as the Ultrasal-2 Saliva Collection Device;

(f) the oral fluid analysis device known as the Thermo TSQ Quantum Ultra;

(g) the oral fluid analysis device known as the Thermo TSQ Quantum Access;

(h) the oral fluid analysis device known as the Thermo LTQ Orbitrap Discovery;

(i) the oral fluid analysis device known as the AB Sciex QTrap 5500.

Reg. 29 substituted by S.R. No. 30/2014 reg. 35.



32

30 Procedure for carrying out oral fluid analysis or drug screening tests

For the purposes of a drug screening test or oral fluid analysis under section 86A of the Act, a transport safety officer or a police officer who conducts the test or analysis must—

(a) provide a fresh oral fluid collection unit for use by a person required to submit to the drug screening test or oral fluid analysis; and

(b) use only an oral fluid collection unit that has been kept in a sealed container until it is given to that person; and

(c) test or analyse any oral fluid sample produced by that person by using the device, or the oral fluid testing unit that is part of the device through which the sample was provided.

31 Procedure after taking oral fluid sample

A transport safety officer or a police officer who is provided a sample of oral fluid by a person under a requirement under section 86A of the Act must ensure that the sample or, if the sample is broken into parts, each part of the sample has attached to it a label bearing—

(a) the name and signature of the police officer to whom the oral fluid sample was provided; and

(b) the date and time the sample was provided; and

(c) the name of the person who provided the sample or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person who provided the sample.

32 Certificate under section 86J(5)






33

A certificate for the purposes of section 86J(5) of the Act must contain the following particulars—

(a) a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with;

(b) the name of the person from whom the oral fluid sample was taken;

(c) the time and date the oral fluid sample was taken;

(d) the name and signature of the registered medical practitioner or approved health professional who took the oral fluid sample.

33 Certificate under section 86J(6)

A certificate under section 86J(6) of the Act must, in addition to a statement as to the presence of a drug in that sample of oral fluid, contain the following particulars—

(a) a statement by the approved analyst that he or she is an approved analyst within the meaning of section 86J of the Act;

(b) a statement as to the method of analysis used;

(c) the name and signature of the approved analyst;

(d) the date on which the analysis was conducted;

(e) a description of the contents of the identification label referred to in regulation 31 that was attached to the part of the oral fluid received for analysis.


Reg. 33(a) amended by S.R. No. 23/2016 reg. 6.

Reg. 33(c) amended by S.R. No. 23/2016 reg. 6.



34

33A Certificate under section 86J(7)

A certificate under section 86J(7) of the Act must contain the following particulars—

(a) a statement by the approved expert that he or she is an approved expert within the meaning of section 86J of the Act;

(b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to carry out rail safety work properly);

(c) the name and signature of the approved expert.

34 Duty to provide indicative positive results to Safety Director

(1) A rail transport operator must, within 48 hours after becoming aware, notify the Safety Director if a rail safety worker carrying out rail safety work for the rail transport operator has undergone a preliminary breath test, drug screening test or an assessment of drug impairment and the test statement indicates or shows a positive result.


(2) A notification under subregulation (1) must contain a statement of action specifying the response and proposed action to be taken by the rail transport operator against the rail safety worker as a consequence of the positive test result.

(3) A notification under subregulation (1) must be in writing and must be in an approved form.

(4) In this regulation, positive result means—

(a) if the rail safety worker has undergone a preliminary breath test, the test indicates that


Reg. 34 amended by S.R. No. 59/2009 reg. 6, substituted by S.R. No. 30/2014 reg. 35.



35

the rail safety worker's breath contains alcohol; or

(b) if the rail safety worker has undergone a drug screening test, the test shows that the rail safety worker may have a prescribed drug present in his or her oral fluid or blood; or

(c) if the rail safety worker has undergone an assessment of drug impairment, the assessment indicates that the rail safety worker may be impaired by a drug.

Division 2—Health and fitness of rail safety workers

35 Rail transport operator to ensure workers are fit to carry out rail safety work

A rail transport operator must ensure, so far as is reasonably practicable, that a rail safety worker who is employed or engaged by the rail transport operator, or a rail contractor who supplies railway operations to that rail transport operator, is of sufficient good health and fitness to carry out that rail safety work.


36 Fatigue management

(1) A rail transport operator must develop and implement strategies for the control of any risks to safety associated with the fatigue of rail safety workers carrying out rail safety work for the rail transport operator.


(2) Strategies under subregulation (1) must include work arrangements that eliminate fatigue so far as is reasonably practicable and may include—






36

(a) maximum number of work hours for every shift for different classes of rail safety worker; and

(b) minimum rest times for different classes of rail safety worker.

(3) A rail transport operator, when developing strategies under subregulation (1) must consult, so far as is reasonably practicable, with rail safety workers who carry out rail safety work for the rail transport operator and any other persons who are or are likely to be directly affected, in relation to the development and implementation of those strategies.

Penalty:10 penalty units.Note

Section 35(1)(b) of the Occupational Health and Safety Act 2004 requires an employer, so far as is reasonably practicable, to consult with employees when making decisions about the measures to be taken to control risks to health or safety.

37 Health assessments

(1) A rail transport operator must have, and must implement, a health and fitness program for rail safety workers who carry out rail safety work for the operator that complies, so far as is reasonably practicable, with of the health assessment national standard.


* * * * *

(3) If, as part of a health and fitness program referred to in subregulation (1), a rail transport operator


Reg. 37(1) substituted by S.R. No. 9/2008 reg. 8(1), amended by S.R. Nos 59/2009 reg. 7(1), 30/2014 reg. 38(1).

Reg. 37(2) revoked by S.R. No. 9/2008 reg. 8(1).

Reg. 37(3) substituted by S.R. No. 9/2008 reg. 8(2), amended by S.R. Nos 59/2009 reg. 7(2), 30/2014 reg. 38(2).



37

conducts a health assessment of a rail safety worker, the rail transport operator must pay for that assessment.


(4) Subregulation (3) does not apply if the rail transport operator agrees with a rail safety worker who is a volunteer that the health assessments conducted of the worker may be conducted wholly or partly at the expense of a person other than the operator.

Division 3—Competence38 Competence of rail safety workers

(1) A rail transport operator must ensure, so far as is reasonably practicable, that a person does not carry out rail safety work for the operator unless the person is competent to do so.


(2) A rail transport operator must ensure that a person who is undertaking training in an aspect of rail safety work to be carried out for the operator in order to achieve a required competence, only carries out that work if the person is under the supervision of another person who is competent to carry out that particular rail safety work.

39 Assessment of rail safety worker competence

(1) A rail transport operator must assess, or cause to be assessed, the competence of each rail safety worker who is employed or engaged by the rail transport operator—

(a) in accordance with—

(i) the provisions of the AQTF and any qualifications and units of competence




Reg. 39(1) substituted by S.R. No. 9/2008 reg. 9, amended by S.R. No. 59/2009 reg. 8(1), substituted by S.R. No. 30/2014 reg. 40(1).



38

recognised under the AQF applicable to that rail safety worker; or

(ii) if subparagraph (i) does not apply, in accordance with any qualification or competence recognised by the rail industry and approved by the Safety Director; and

(b) by reference to the actual knowledge, experience and skills required for the particular rail safety work to be carried out safely.

(2) The Safety Director must publish a notice in the Government Gazette of any competence approved under subregulation (1)(a)(ii).

(3) If a rail transport operator determines that a rail safety worker does not have the required competence to carry out rail safety work of a particular class, the rail transport operator may require that—

(a) the rail safety worker undertake an appropriate course of training to achieve that competence; or

(b) the competence be attained by a means other than training.

40 Records of competence and training

A rail transport operator must prepare and maintain records of the following activities, matters or things that relate to rail safety—

(a) the training undertaken by each rail safety worker carrying out rail safety work for the operator, including the date of training and duration of that training; and

Reg. 39(2) substituted by S.R. No. 30/2014 reg. 40(1).

Reg. 39(3) substituted by S.R. No. 59/2009 reg. 8(2), amended by S.R. No. 30/2014 reg. 40(2).




39

(b) the qualifications of each rail safety worker carrying out rail safety work for the operator, including—

(i) units of competence undertaken to achieve the qualification; and

(ii) the level of qualification attained; and

(iii) if and when re-training is due; and

(iv) the date any re-training is undertaken; and

(c) the name of the organisation conducting the training or re-training; and

(d) the results of any assessment of competence of the rail safety worker carrying out rail safety work for the operator; and

(e) the name and qualifications of the person who assesses the competence of the rail safety worker carrying out rail safety work for the operator.




40

Part 6—Reporting

Division 1—Duties relating to railway accidents and incidents

41 Definitions

In this Division—

notifiable accident or incident means a railway accident or incident which the Safety Director has specified under regulation 42(1);

notifiable circumstance means a circumstance, act or omission that resulted in, or had the potential to result in, the death or serious injury to any person, or significant damage to property and includes—

(a) any defect in, or failure of, any part of the rail infrastructure;

(b) any defect in, or failure of, any rolling stock or part of any rolling stock;

(c) any failure or breach of any rail operations practice, procedure or rule;

(d) any other circumstance, act or omission that the Safety Director has specified under regulation 42(2) to be a notifiable circumstance;

railway accident or incident means—

(a) an accident or incident on railway premises that results in—

(i) the death of a person;

(ii) a person requiring immediate treatment as an in-patient in a hospital;

Reg. 41 def. of railway accident or incident amended by S.R. No. 9/2008 reg. 10.



41

(b) a running line derailment of any unit of rolling stock;

(c) a collision between any rolling stock and any person;

(d) a collision between any rolling stock and any other vehicle, infrastructure, obstruction or object which resulted in significant property damage;

(e) an implosion, explosion, fire or other occurrence which resulted in significant property damage;

(f) a notifiable accident or incident.

42 Safety Director may specify notifiable accident or incident or notifiable circumstance

(1) The Safety Director, by instrument, may specify an accident or incident to be a notifiable accident or incident for the purposes of this Division.

(2) The Safety Director, by instrument for the purposes of paragraph (d) of the definition of notifiable circumstance, may specify a circumstance, act or omission to be a notifiable circumstance for the purposes of this Division.

(3) The Safety Director must give a copy of the instrument to the rail transport operator of any accident or incident or circumstance that the Safety Director has specified to be a notifiable accident or incident or notifiable circumstance within 7 days after making that instrument.

43 Duty to notify railway accidents or incidents

(1) An accredited rail transport operator must notify the Safety Director immediately after becoming aware that a railway accident or incident has occurred.






42

(2) An accredited rail transport operator must give the Safety Director a record of the railway accident or incident in an approved form within 72 hours after the railway accident or incident, unless the Safety Director agrees in writing to an extension of time.


44 Duty to notify notifiable circumstances

A rail transport operator must notify the Safety Director in an approved form of a notifiable circumstance that has occurred in relation to the railway operations for which the rail transport operator is accredited within 72 hours after becoming aware of the notifiable circumstance.


45 Investigation report

(1) For the purposes of section 67 of the Act, an accredited rail transport operator must prepare a report containing the information specified in column 3 of the Table in Schedule 4 for a railway accident or incident of a severity level set out in column 2 of that Table opposite that information.


(2) An accredited rail transport operator must provide the Safety Director with a copy of the report as soon as practicable after completing the report.


(3) The Safety Director may require an accredited rail transport operator to—

(a) conduct a more detailed investigation into an accident or incident; or

(b) provide further information in a report of an investigation; or


Reg. 44 amended by S.R. Nos 9/2008 reg. 11, 30/2014 reg. 44.






43

(c) clarify certain matters contained within a report.

(4) An accredited rail transport operator must comply with a requirement under subregulation (3) within 7 days after the request.


Division 1A—Operational reporting and notifications

46 Monthly reports

(1) A rail transport operator must for each calendar month give the Safety Director a report in the approved form and manner detailing—

(a) the total number and classes of rail safety workers in that month;

(b) the total number of passenger journeys travelled in that month;

(c) the total number of track kilometres;

(d) the total number of passenger train kilometres;

(e) the total number of freight train kilometres;

(f) the total number of maintenance train kilometres.


Pt 6 Div. 1A (Heading) inserted by S.R. No. 9/2008 reg. 12.


Reg. 46(1)(a) amended by S.R. No. 9/2008 reg. 13(a).

Reg. 46(1)(e) amended by S.R. No. 9/2008 reg. 13(b).

Reg. 46(1)(f) inserted by S.R. No. 9/2008 reg. 13(c).



44

(2) A report prepared under subregulation (1) must be given to the Safety Director within 10 days after the end of the previous calendar month.

(3) For the purposes of subregulation (1)(b), the Safety Director may allow a rail transport operator to provide the information every 3 months.

(4) Compliance with this regulation is a condition of accreditation.

46A Notification to Safety Director of certain decisions or changes

(1) This regulation applies to decisions of, or changes made by, an accredited rail transport operator that are within the scope of that operator's accreditation and that are not the subject of an application for a variation of the accreditation under section 53 or 54 of the Act.

(2) An accredited rail transport operator must notify the Safety Director, in writing, of any decision or change specified in column 2 of the Table within the time frame specified in column 3 of the Table opposite that decision or change.


Reg. 46A inserted by S.R. No. 9/2008 reg. 14, amended by S.R. No. 59/2009 reg. 9, substituted by S.R. No. 30/2014 reg. 47.



45

Table

Column 1 Column 2 Column 3

Item Decision, event or change

When notification must be given

1 A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks.

As soon as is reasonably practicable after the decision is made.

2 The introduction into service of rolling stock of a type not previously operated by the operator, or the re-introduction into service of rolling stock not currently operated by the operator.

At least 28 days before the date the operator intends to introduce or re-introduce the rolling stock into service.

3 A change to a safety critical element of existing rolling stock.

At least 28 days before the date the operator intends to bring the change into operation.

4 A change to one or more of the classes of rail infrastructure used in the operator's railway operations.

At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service.

5 A change to a safety standard for the design of rail infrastructure or rolling stock.

At least 28 days before the date the operator intends to adopt the change.



46




6 The decision to adopt a new safety standard for the design of rail infrastructure or rolling stock.

At least 28 days before the date the operator intends to adopt the new standard.

7 A change to the frequency of, or procedures for, the inspection or maintenance of railway infrastructure or rolling stock.

At least 28 days before the date the operator intends to bring the change into effect.

8 A decision to change any work scheduling practices and procedures set out in the operator's fatigue risk management program.

At least 28 days before the date the operator intends to bring the change into effect.

9 The replacement, or a change in the contact details of any person appointed under regulation 6(1)(b).

As soon as is reasonably practicable after it is known the replacement or change will occur.



47




10 A change in the operator's name or residential address, or the operator's business or trading name, or in the case of a body corporate, a change in the name or registered business address of the body corporate.

As soon as is reasonably practicable after the change is made.

(3) It is a condition of accreditation that an accredited rail transport operator complies with subregulation (2).

47 Exemptions from reporting requirements

(1) A tourist and heritage railway operator may apply to the Safety Director for an exemption from the requirement to submit a monthly report under regulation 46.

(2) The Safety Director may grant an exemption from this regulation in whole or in part subject to any terms, conditions or limitations specified in the exemption.

48 Duty to preserve accident or incident site

(1) An accredited rail transport operator who is required to notify the Safety Director of an accident or incident under regulation 43(1) must ensure that the site where the accident or incident occurred is not disturbed until directed by—

(a) a transport safety officer; or

(b) the Safety Director.






48

(2) It is a defence to a charge under subregulation (1) if an accredited rail transport operator allows the site to be disturbed or disturbs the site for the purpose of—

(a) protecting the health or safety of a person; or

(b) aiding an injured person involved in a railway accident or incident; or

(c) taking necessary action to make the site safe or to prevent a further occurrence of an accident or incident; or

(d) allowing emergency services to manage the emergency.

Division 2—Annual reviews and reports49 Annual reviews and reports

(1) An accredited rail transport operator must each year conduct an annual review of all of the rail transport operator's railway operations carried out under the operator's accreditation in the preceding financial year.


(1A) An accredited rail transport operator must prepare an annual report detailing the findings of the review under subregulation (1) and that includes the things required under subregulation (2).


(2) An annual review and report must include—

(a) information about—

(i) the extent to which an accredited rail transport operator satisfies the key safety performance targets as specified in its SMS for the year; and


Reg. 49(1) substituted by S.R. No. 59/2009 reg. 10(1), amended by S.R. No. 30/2014 reg. 50(1).

Reg. 49(1A) inserted by S.R. No. 59/2009 reg. 10(1), amended by S.R. No. 30/2014 reg. 50(2).

Reg. 49(2)(a)(i) amended by S.R. No. 30/2014 reg. 50(3)(a).



49

(ii) the incidence of notifiable accidents or incidents and analyses of safety trends; and

(iii) recommendations (if any) of audits conducted in accordance with the rail transport operator's SMS; and

(iv) recommendations (if any) of the findings of inspections conducted in accordance with the rail transport operator's SMS; and

(v) findings of inquiries and investigations into railway accidents or incidents and subsequent implementation of actions to prevent a recurrence of any such occurrence; and

(b) a summary of any changes made to the SMS in the previous financial year.

(3) A copy of the annual report must be provided to the Safety Director by the date specified by the Safety Director.


(3A) For the purpose of subregulation (3), the Safety Director must determine, in consultation with the accredited rail transport operator, a specified date by which that accredited rail transport operator is to provide the annual report.

(4) Compliance with this regulation is a condition of accreditation.

Reg. 49(2)(a)(iii) amended by S.R. No. 30/2014 reg. 50(3)(b).

Reg. 49(2)(a)(iv) amended by S.R. No. 30/2014 reg. 50(3)(b).

Reg. 49(3) substituted by S.R. No. 59/2009 reg. 10(2).

Reg. 49(3A) inserted by S.R. No. 59/2009 reg. 10(2), amended by S.R. No. 30/2014 reg. 50(4).



50

Part 7—Fees50 Accreditation application fee

(1) An application for accreditation by a rail transport operator must be accompanied by the relevant fee set out in item 1 of the Table in Schedule 1.

* * * * *

51 Fee for temporary accreditation

(1) The Safety Director may charge the fee set out in item 2 of the Table in Schedule 1 for the issue of a temporary accreditation under section 47(2) of the Act.

(2) A fee charged under subregulation (1) must be paid by the rail transport operator within 7 days after receiving a temporary accreditation.

(3) Subregulation (2) is a condition of accreditation.

52 Fee for registration of a private siding

The fee that must accompany an application for registration of a private siding under section 69D of the Act is the fee set out in item 3 of the Table in Schedule 1.

53 Accreditation fee

(1) An accredited rail transport operator must pay the relevant fee set out in item 4 of the Table in Schedule 1 within 7 days after being accredited.


Reg. 50(2) revoked by S.R. No. 30/2014 reg. 51(2).






51

(2) A tourist and heritage railway operator who is accredited may apply to the Safety Director for an exemption from the requirement under subregulation (1).

(3) On receipt of an application under subregulation (2), the Safety Director may grant or refuse to grant an exemption.

(4) Subregulation (1) is a condition of accreditation unless the applicant is granted an exemption under subregulation (3).

54 Annual fees

(1) An accredited rail transport operator must pay the relevant annual fees set out in item 5 of the Table in Schedule 1 before 30 September of each year.

(2) A tourist and heritage railway operator who is accredited may apply to the Safety Director for an exemption from the requirement under subregulation (1).

(3) On receipt of an application under subregulation (2), the Safety Director may grant or refuse to grant an exemption.

(4) Subregulation (1) is a condition of accreditation unless the applicant is granted an exemption under subregulation (3).

54A Exemption from fees

(1) A rail transport operator may apply to the Safety Director for waiver of a fee payable under this Part.

(2) The Safety Director may waive all or any part of any fee payable under this Part.







52

55 Late payment fees

(1) If a person does not pay a fee under this Part (other than the fee referred to in regulation 52) (the unpaid fee) by the due date specified for the payment of that fee, the person must pay a fee (late payment fee) calculated in accordance with subregulation (2).

(2) A late payment fee is 5% of the amount, calculated in accordance with the following formula—

A365

× B

where––

"A" is the number of days that the fee referred to in subregulation (1) remains unpaid after the due date specified for payment of the fee; and

"B" is the unpaid fee.

(3) If a late payment fee calculated in accordance with subregulation (2) consists of an amount less than a whole dollar, the amount of the late payment fee is to be rounded up to the next whole dollar.

(4) The Safety Director may waive the late payment fee in whole or in part.

56 Refund of application or annual fees

The Safety Director may, at his or her discretion, refund all or any part of an application fee or annual accreditation fee paid under this Part.



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Schedules

Schedule 1—FeesRegulations 50–54

Table

Item Description of feesFee units and method for calculating fees

Regulation Reference

1. Fee to accompany an application for accreditation

Unless the application under regulation 6 is made by a tourist and heritage railway operator, the fee to accompany an application for accreditation

500 50

Fee to accompany an application made by a tourist and heritage railway operator under regulation 6

100 50

2. Fee for temporary accreditation

Fee for issue of a temporary accreditation under section 47(2) of the Act

50 fee units for each week or part of a week, but not exceeding an amount of 500 fee units

51

2A. Exemption

Fee for application for an exemption

0 8A

Table to Sch. 1 amended by S.R. No. 30/2014 reg. 57.



54



3. Fee for registration of a private siding

Fee to accompany an application for registration of a private siding

50 52

4. Fees to be paid after accreditation granted

53

(a) In the case of an accredited rail infrastructure manager

a pro rata fee of 2 fee units for each kilometre of railway track to be managed by the rail infrastructure manager in Victoria for the coming year;

(b) In the case of an accredited rolling stock operator—a pro rata fee calculated in accordance with the following

(i) 19 fee units for each 1000 kilometres, or part thereof, anticipated to be travelled by each freight train to be operated by the rolling stock operator in Victoria for the coming year; and



55



(ii) 1 fee unit for each 1000 kilometres, or part thereof, anticipated to be travelled by each passenger train or tramway car (including a light rail vehicle) to be operated by the rolling stock operator in Victoria for the coming year;

(c) In the case of a tourist and heritage railway operator

0

5. Annual fees for accredited operators

54

The annual accreditation fee with respect to—(a) an accredited rail

infrastructure manageran amount of 2 fee units for each kilometre of railway track managed by that person in Victoria based on the previous financial year;

(b) an accredited rolling stock operator

(i) 19 fee units for each 1000 kilometres, or part thereof, traveled by each freight train operated by the operator in Victoria during the previous financial year; and



56



(ii) 1 fee unit for each 1000 kilometres, or part thereof, traveled by each passenger train or tramway car (including light rail) to be operated by the person in Victoria for the coming year;

(c) a tourist and heritage railway operator

0

(d) In the case of a person acquiring an existing business to manage rail infrastructure or operate rolling stock, a pro rata fee calculated in accordance with the fees specified in items (a) and (b) above with reference to operations that formed part of the previous business in the previous year ending 30 June.



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Schedule 2—Matters and information to be contained in a safety management system of

an accredited rail transport operatorRegulations 8(1)(b), 13(a)1

1 Safety policy

1.1 A safety policy that is integrated with other organisational policies of the rail transport operator and that is endorsed by the CEO or a person in an equivalent position.

1.2 A safety policy that includes an express commitment to safety and to continuous improvement in all aspects of the SMS.

1.3 A safety policy that includes a commitment to develop key safety performance targets, and to report progress against those targets.

2 Governance and internal control arrangements

2.1 Safety governance arrangements to ensure that the CEO and Board (or any other person or body controlling the rail transport operator), or the persons managing the railway operations, have sufficient knowledge—

(a) of the risk profile of the railway operations carried out by the rail transport operator to enable the rail transport operator to proactively manage the risks arising from those operations;

(b) of the level of compliance by the organisation with its duties and obligations under the Act and these Regulations; and

Sch. 2 (Heading) amended by S.R. No. 30/2014 reg. 58(1).

Sch. 2 item 1.1 amended by S.R. No. 30/2014 reg. 58(2).


Sch. 2 item 2.1(a) amended by S.R. No. 30/2014 reg. 58(3).



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(c) to determine whether—

(i) the safety management system is working effectively;

(ii) risks to safety are being identified, assessed, and eliminated or controlled so far as is reasonably practicable; and

(iii) controls used to monitor safety and to manage risks to safety are being regularly reviewed and revised.

2.2 Procedures to ensure that decisions and directions made by the CEO and Board (or any other person or body controlling the rail transport operator), or of the persons managing the railway operations, that affect safety are being implemented effectively.

3 Management, accountabilities, responsibilities and authorities

3.1 Processes and systems to ensure that the persons who are to participate in the implementation and management of the SMS have the knowledge and skills necessary to enable them to perform their allocated tasks and discharge their allocated responsibilities.

3.2 The identification of the person who is responsible for the implementation and management of the SMS, evidence of the competence of that person to implement and manage the SMS and a description of the person's position description and location in the organisational structure in which the person works and of the specific tasks and responsibilities allocated to them.

3.3 Processes for the reporting of safety related matters by those with safety responsibilities.




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4 Regulatory compliance

4.1 Systems and processes for the identification of safety requirements under the Act and other safety legislation relevant to railway operations.

4.2 Systems to ensure compliance with those safety requirements.

5 Document control arrangements and information management

5.1 A system to control and manage all documents and data relevant to the safe management of the railway operations.

5.2 Systems and procedures for the identification, creation and management of records and documents.

5.3 Processes to communicate any changes to document control systems and procedures specified in items 5.1 and 5.2 to rail safety workers and employees of the rail transport operator who are not rail safety workers who rely on those systems and procedures to carry out their work.

6 Safety records

6.1 The identification and preparation of railway safety records.

6.2 A description of the railway safety records held by the rail transport operator.

6.3 Periods for the retention of railway safety records taking into account factors such as the lifecycle of the railway safety records identified and prepared under item 6.1, legal requirements for the







60

retention of records and retrieval requirements relating to records.

6.4 In this item—

railway safety record means a document that specifies an account of the day to day operations of the rail transport operator, and includes operational records, engineering records, and rail safety worker records, such as records of competence and training under regulation 40, and health assessment records under regulation 37.

7 Safety performance targets and performance measures

7.1 Safety performance targets for the railway operations.

7.2 Key performance indicators to be used to measure safety performance and determine whether the SMS is effectively delivering the safety performance targets.

7.3 A description of the systems, procedures and standards to be used by the rail transport operator to achieve safety performance targets.

7.4 Procedures for the collection, analysis, assessment and dissemination of safety related data kept by the rail transport operator.

8 Internal SMS audit arrangements

8.1 Documented audit arrangements to ensure there is a process for the collection of information to determine whether the railway operations comply with the SMS, and to determine the effectiveness of the SMS.

Sch. 2 item 6.4 def. of railway safety record amended by S.R. No. 30/2014 reg. 58(8).







61

8.2 Provision for internal SMS audits as part of the audit arrangements, including giving priority to those matters that represent the greatest safety risk.

8.3 An internal audit timetable for the carrying out of audits that the rail transport operator must comply with.

8.4 Processes to ensure the independence and qualification of the auditors.

8.5 Processes for—

(a) the results of audits to be communicated to those responsible for the oversight of the railway operations for review and, where appropriate, for action;

(b) effective implementation of recommendations for action identified by the internal SMS audits;

(c) the review of the effectiveness of the audit arrangements.

9 Corrective action

9.1 Processes to ensure, so far as is reasonably practicable, that corrective action is taken in response to any safety risks identified following inspections, testing, internal SMS audits, investigations and reporting of hazards or incidents undertaken by the rail transport operator.

9.2 Processes for those matters representing the greatest safety risk to be given priority when undertaking corrective action.

9.3 Processes to ensure so far as is reasonably practicable, that corrective action is monitored by the rail transport operator.


Sch. 2 item 8.5(a) amended by S.R. No. 30/2014 reg. 58(13).





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10 Review and revision

10.1 Documented intervals for the review of the SMS, including information about whether the rail transport operator intends to review the SMS every 5 years or at shorter intervals under regulation 14.

10.2 Processes for the review and revision of the SMS.

11 Management of change

Procedures for ensuring changes which may affect the safety of railway operations are identified and managed, including, but not limited to, procedures for ensuring, so far as is reasonably practicable—

(a) that changes are fully identified and described in the context of the railway operations; and

(b) affected parties are identified and, where practicable, consulted; and

(c) the roles and responsibilities of the rail safety workers employed or engaged by the rail transport operator or a rail contractor who supplies railway operations to the rail transport operator, and employees of the rail transport operator, are clearly specified with respect to the change; and

(d) the rail safety workers and employees of the rail transport operator, are fully informed and trained to understand and deal with the proposed change; and

(e) any risks associated with the proposed change are appropriately managed; and

(f) the change, once implemented, is reviewed and assessed by the rail transport operator to


Sch. 2 item 11 amended by S.R. No. 30/2014 reg. 58(16)(a).

Sch. 2 item 11(a) amended by S.R. No. 30/2014 reg. 58(16)(a).

Sch. 2 item 11(c) amended by S.R. No. 30/2014 reg. 58(16).

Sch. 2 item 11(d) amended by S.R. No. 30/2014 reg. 58(16)(b).

Sch. 2 item 11(f) amended by S.R. No. 30/2014 reg. 58(16)(b).



63

determine the change has been appropriately managed.

12 Security

12.1 Processes for the integration of security into all aspects of railway operations.

12.2 Processes for the identification of security risks and procedures for the control of those security risks.

12.3 Documented responsibilities and accountabilities of the rail transport operator with respect to security.

12.4 Processes for the consultation by the rail transport operator with the Chief Commissioner of Police and with government agencies that have security responsibilities when developing, implementing and evaluating measures relating to security.

13 Safety culture

Methods to promote and maintain a positive safety culture, so far as is reasonably practicable, including methods—

(a) that promote the management of railway operations in a safe manner; and

(b) that encourage an environment that promotes the carrying out of railway operations in a safe manner; and




Sch. 2 item 13(a) amended by S.R. No. 30/2014 reg. 58(19)(a).

Sch. 2 item 13(b) amended by S.R. No. 30/2014 reg. 58(19)(a).



64

(c) that encourage communication between rail safety workers, rail contractors and employees of the rail transport operator and senior management of the rail transport operator about the safety of the railway operations.

14 Consultation

Policies for the involvement of, and consultation with, rail safety workers and their health and safety representatives with respect to the rail transport operator's risk management requirements under Division 3 of Part 5 of the Act.Note

Part 4 of the Occupational Health and Safety Act 2004 sets out requirements for consultation with employees in relation to a range of health and safety matters, including hazard identification, and risk assessment and control.

15 Internal communication

15.1 Processes for the dissemination of safety information and information about the content of the SMS to rail safety workers who are employed or engaged by the rail transport operator or a rail contractor who supplies railway operations to the rail transport operator, employees of the rail transport operator, and those who may be affected by the information or who may need to implement the information.

15.2 Arrangements by which the rail transport operator's safety policy and specific safety objectives are to be communicated to all persons who are to participate in the implementation of the SMS.

16 Risk management

16.1 Processes to ensure, so far as is reasonably practicable, compliance with section 65 of the Act.

Sch. 2 item 13(c) amended by S.R. No. 30/2014 reg. 58(19).

Sch. 2 item 14 amended by S.R. No. 30/2014 reg. 58(20).





65

16.2 A description of the control measures adopted by the rail transport operator.

16.3 A risk register that includes—

(a) a comprehensive listing of hazards; and

(b) risks associated with each hazard; and

(c) the control measures applicable to each hazard; and

(d) nomination of the person responsible for each control measure; and

(e) key engineering, operational and maintenance standards applicable to each control measure; and

(f) any relevant cross-referencing to other related aspects of the SMS or regulations.

16.4 Processes to ensure, so far as is reasonably practicable, that rail safety work is prioritized so that those hazards representing the greatest risk are given priority.

16.5 If the rail transport operator is a rolling stock operator and is accredited in another State or Territory, a document setting out the differences between risks to safety arising out of the carrying out of rolling stock operations in that State or Territory and the risks to safety arising out of the proposed rolling stock operations in Victoria, and the control measures to be used to manage those differences.

17 Personnel management

Information indicating how the rail transport operator will or does comply with the following requirements—






66

Part 6 of the Act dealing with drug and alcohol controls;

Regulation 36 dealing with the fatigue management;

Regulation 35 dealing with the health and fitness of rail safety workers.

18 Rail safety worker competence

Programs for the management of rail safety worker competence to ensure that rail safety workers are competent to carry out the rail safety work they are employed or engaged (whether by the rail transport operator or a rail contractor) to carry out.

19 Information, instruction and training

19.1 Processes for—

(a) the provision of information to rail safety workers about the content of the SMS;

(b) the training of rail safety workers who will be or are involved in the implementation of the SMS.

19.2 Programs to—

(a) ensure, so far as is reasonably practicable, rail safety workers are aware and understand safety policy objectives as specified in the SMS;

(b) encourage rail safety workers' awareness, understanding and participation in the SMS.

19.3 Provision for induction, and ongoing, training with regard to rail safety, including information, instruction and training on new work practices, procedures, policies and standards, specific hazards and relevant control measures.




67

20 Procurement and contract management

20.1 Procedures for the review of tender documents and contracts for the supply of railway operations by rail contractors to ensure that the duties of a rail transport operator or rail contractor under the Act and Regulations are adequately defined and documented.

20.2 Procedures to ensure that the terms of any tender documents, contracts or purchasing arrangements do not lead to unsafe work or an activity that may affect the safe operation of the railway operations.

20.3 Procedures for the monitoring of the performance of rail contractors, including conducting or commissioning audits of the rail contractor's performance in relation to the safety aspects of the contract.

20.4 Procedures for ensuring that safety duties under the Act are being met under contracts and procedures for the taking of remedial action where necessary.

21 Engineering and operational safety systems

21.1 If available, a documented set of engineering standards and procedures, and operational systems safety standards, to cover the following, and, where relevant, the relationships between any 2 or more of them—

(a) rail infrastructure;

(b) rolling stock;

(c) information technology systems that impact on rail safety.

Note

Rail infrastructure is defined in the Act as "the facilities that are necessary to operate a railway safely and includes,





68

but is not limited to, railway track, associated track structures and works (such as cuttings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works), over-track structures, under-track structures, service roads, signalling systems, rolling stock control systems, communications systems, notices and signs, overhead electrical power supply systems, and associated buildings, workshops, depots, yards, plant, machinery and equipment, but does not include rolling stock".

21.2 Details of the implementation and updating of the documents specified in 21.1.

21.3 Procedures for the control and verification of the design of structures, vehicles, equipment, and systems, in accordance with the engineering standards and procedures, and operational systems safety standards as specified in item 21.1.

22 Process control

22.1 Procedures for the rail transport operator to monitor its compliance with the documented procedures specified in item 21, including procedures for the inspection and testing of safety related engineering and operational systems.

22.2 Procedures for the control, calibration and maintenance of all equipment used for the purposes of inspection and testing of rail infrastructure or rolling stock.

22.3 Arrangements for the establishment and maintenance of inspection and test records to provide evidence of the condition of rail infrastructure or rolling stock.

22.4 Procedures for the documentation of processes required by the SMS and undertaken by the rail transport operator, including—

safe working procedures;

operational procedures;





69

rolling stock management procedures;

traffic management procedures;

infrastructure integrity procedures;

electric traction infrastructure procedures.

22.5 If the rail transport operator is a rolling stock operator and is accredited in another State or Territory, a document setting out the differences between the rail transport operator's rolling stock operations in that other State or Territory with the proposed rolling stock operations in Victoria and the control measures to be used to manage those differences.

22.6 In this item, differences means differences in railway operations that give rise to a risk to safety.

23 Asset management

An asset management policy in relation to the rail infrastructure or rolling stock operations.

24 Safety interface agreements



Sch. 2 item 24 (Heading) substituted by S.R. No. 59/2009 reg. 13(1).



70

24.1 Processes for the identification of potential risks to the safety of railway operations carried out by that rail transport operator for the purposes of developing a safety interface agreement.

24.2 Copies of all safety interface agreements developed by the rail transport operator.

25 Emergency management

25.1 A copy of an emergency plan in accordance with section 52 of the Act and Division 2 of Part 2.

25.2 A copy of the procedures for the notification of railway accidents and incidents in accordance with regulation 43.

26 Investigations

26.1 Processes for the investigating of accidents or incidents for the purposes of section 67 of the Act.

26.2 Processes for the management of the scene of an accident or incident and preservation of evidence.

Schedule 3—Matters and information to be contained in the system and arrangements of

a registered rail transport operator of a private siding

Regulation 13A

Sch. 2 item 24.1 amended by S.R. Nos 59/2009 reg. 13(2)(a), 30/2014 reg. 58(32).Sch. 2 item 24.2 amended by S.R. Nos 59/2009 reg. 13(2)(b), 30/2014 reg. 58(33).

Sch. 3 (Heading) substituted by S.R. No. 113/2011 reg. 16(2), amended by S.R. No. 30/2014 reg. 59(1).Sch. 3 amended by S.R. Nos 59/2009 reg. 14, 113/2011 reg. 16(1)(3).



71

1 Safety interface agreements

1.1 Processes for the identification of potential risks to the safety of railway operations carried out by that rail transport operator for the purposes of developing a safety interface agreement.

1.2 Copies of all safety interface agreements developed by the rail transport operator.

2 Risk management

2.1 So far as is reasonably practicable, processes for the identification of incidents and hazards and the assessment of all possible incidents and hazards identified.

2.2 A description of the control measures adopted by the rail transport operator.

2.3 A risk register that includes—

(a) a comprehensive listing of hazards;

(b) risks associated with each hazard;

(c) the control measures applicable to each hazard;

(d) nomination of the person responsible for each control measure;

(e) key engineering, operational and maintenance standards applicable to each control measure; and

(f) any relevant cross-referencing to other related aspects of the system and arrangements or regulations.

2.4 Processes to ensure, so far as is reasonably practicable, that rail safety work is prioritized so






72

that those hazards representing the greatest risk are given priority.

3 Infrastructure maintenance

Details about how rail infrastructure within the private siding is to be maintained by the rail transport operator.




73

Schedule 4—Investigation reportsRegulation 45(1)

MATTERS TO BE INCLUDED IN INVESTIGATION REPORTS HAVING REGARD TO THE SEVERITY OF THE

ACCIDENT OR INCIDENT


Item Accident or incident Severity Level

Required Information

1. An accident or incident that results in major consequences, for example, fatalities, serious personal injuries or significant property damage.

Detailed report of a systemic nature.The report must include— a description of the

occurrence; the consequences that

resulted; the contributing factors

established by the investigation; and

the safety actions arising from it.

2. An accident or incident involving only minor injuries but with significant property damage. Includes an accident or incident that had the potential to be more serious, possibly involving death.

A brief report including analysis of the incident and where appropriate including those matters listed for a severity level 1 accident or incident.

3. An accident or incident resulting in minor injuries or minor property damage where it is unlikely that a more serious accident or incident would have occurred.

An initial occurrence report prepared and retained for trend analysis, and where possible, a brief report including analysis of the incident.

Sch. 4 amended by S.R. No. 9/2008 reg. 15.



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═══════════════



75

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Rail Safety Regulations 2006, S.R. No. 96/2006 were made on 25 July 2006 by the Governor in Council under Division 5 of Part 9 of the Rail Safety Act 2006, No. 9/2006 and came into operation as follows:

Regulations 1–16, 19–35, 37, 38, 40–44, 50–56, Schedules 1–4 on 1 August 2006: regulation 3(1); regulations 17, 18, 36, 39, 45–49 on 1 November 2006: regulation 3(2).

The Rail Safety Regulations 2006 will sunset on 23 July 2017: see Subordinate Legislation (Rail Safety (Local Operations) Regulations 2006) Extension Regulations 2016, S.R. No. xx/2016.

The title of this Statutory Rule was changed from the Rail Safety Regulations 2006 to the Rail Safety (Local Operations) Regulations 2006 by regulation 5 of the Rail Safety Amendment Regulations 2014, S.R. No. 30/2014.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.



76

http://www.legislation.vic.gov.au/

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the Rail Safety (Local Operations) Regulations 2006 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Rail Safety (Amendment) Regulations 2008, S.R. No. 9/2008Date of Making: 19.2.08Date of Commencement: Regs 5–12, 14, 15 on 1.3.08: reg. 3(1); reg. 13 on

1.7.08: reg. 3(2)

Rail Safety (Amendment) Regulations 2009, S.R. No. 59/2009Date of Making: 27.5.09Date of Commencement: Regs 5–10 on 1.6.09: reg. 3(1); regs 11–14 on

1.7.10: reg. 3(2)

Rail Safety Amendment Regulations 2010, S.R. No. 114/2010Date of Making: 19.10.10Date of Commencement: 19.10.10

Rail Safety Amendment Regulations 2011, S.R. No. 104/2011Date of Making: 27.9.11Date of Commencement: 27.9.11

Rail Safety Further Amendment Regulations 2011, S.R. No. 113/2011Date of Making: 4.10.11Date of Commencement: 5.10.11: reg. 3

Rail Safety Amendment Regulations 2014, S.R. No. 30/2014Date of Making: 13.5.14Date of Commencement: 19.5.14: reg. 3

Rail Safety (Local Operations) Amendment Regulations 2016, S.R. No. 23/2016Date of Making: 12.4.16Date of Commencement: 15.4.16: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



78

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



79

4 Explanatory details



80

1 Sch. 2: The amendment proposed by regulation 15 of the Rail Safety Further Amendment Regulations 2011, S.R. No. 113/2011, is not included in this publication as the expression "Regulation 13(a)" does not appear in Schedule 2.

Regulation 15 reads:

15Schedule 2 amended

In Schedule 2 of the Principal Regulations, for "Regulation 13(a)" substitute "Regulation 13".

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter was included in S.R. No. 9/2008 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5: regulation 4, definition of health assessment national standard

National Standard for Health Assessment of Rail Safety Workers published by the National Transport Commission in June 2004

The whole

Regulation 8: regulation 37(1)

National Standard for Health Assessment of Rail Safety Workers published by the National Transport Commission in June 2004

The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 30/2014 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 7(d) which substitutes the definition of health assessment national standard in regulation 4 of the Principal Regulations

National Standard for Health Assessment of Rail Safety Workers published by the National Transport Commission in October 2012

The whole

Rail Safety (Local Operations) Regulations 2006FILE/06-96sr013.docx · Web view14AReview and revision of systems and arrangements for registered rail transport operators of private

Documents