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RAIL SAFETY NATIONAL LAW (NSW) - As at 1 November 2021 - Act 82a
of 2012
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Purpose, objects and guiding principles of Law
4. Interpretation
5. Interpretation generally
6. Declaration of substance to be drug
7. Railways to which this Law does not apply
8. Meaning of rail safety work
9. Single national entity
10. Extraterritorial operation of Law
11. Crown to be bound
PART 2 - OFFICE OF THE NATIONAL RAIL SAFETY REGULATOR
Division 1 - Establishment, functions, objectives, etc
12. Establishment
13. Functions and objectives
14. Independence of ONRSR
15. Powers
Division 2 - Office of the National Rail Safety Regulator
Subdivision 1 - Constitution of ONRSR
16. Constitution of ONRSR
Subdivision 2 - National Rail Safety Regulator
17. Appointment of Regulator
18. Acting National Rail Safety Regulator
19. Functions of Regulator
20. Power of Regulator to obtain information
Subdivision 3 - Non-executive members
21. Appointment of non-executive members
Subdivision 4 - Miscellaneous provisions relating to membership
22. Vacancy in or removal from office
23. Member to give responsible Ministers notice of certain events
24. Extension of term of office during vacancy in membership
25. Members to act in public interest
26. Disclosure of conflict of interest
Division 3 - Procedures
27. Times and places of meetings
28. Conduct of meetings
29. Defects in appointment of members
30. Decisions without meetings
31. Common seal and execution of documents
Division 4 - Finance
32. Establishment of Fund
33. Payments into Fund
34. Payments out of Fund
35. Investment of money in Fund
36. Financial management duties of ONRSR
Division 5 - Staff
37. Chief executive
38. Staff
39. Secondments to ONRSR
40. Consultants and contractors
Division 6 - Miscellaneous
41. Regulator may be directed to investigate rail safety matter
42. National Rail Safety Register
43. Annual report
44. Other reporting requirements
45. Delegation
PART 3 - REGULATION OF RAIL SAFETY
Division 1 - Interpretation
46. Management of risks
47. Meaning of reasonably practicable
Division 2 - Occupational health and safety and railway operations
48. Relationship between this Law and OHS legislation
49. No double jeopardy
Division 3 - Rail safety duties
Subdivision 1 - Principles
50. Principles of shared responsibility, accountability, integrated risk management, etc
51. Principles applying to rail safety duties
Subdivision 2 - Duties
52. Duties of rail transport operators
53. Duties of designers, manufacturers, suppliers etc
54. Duties of persons loading or unloading freight
55. Duty of officers to exercise due diligence
56. Duties of rail safety workers
Subdivision 3 - Offences and penalties
57. Meaning of safety duty
58. Failure to comply with safety duty--reckless conduct--Category 1
59. Failure to comply with safety duty--Category 2
60. Failure to comply with safety duty--Category 3
Division 4 - Accreditation
Subdivision 1 - Purpose and requirement for accreditation
61. Purpose of accreditation
62. Accreditation required for railway operations
63. Purposes for which accreditation may be granted
Subdivision 2 - Procedures for granting accreditation
64. Application for accreditation
65. What applicant must demonstrate
66. Regulator may direct applicants to coordinate applications
67. Determination of application
Subdivision 3 - Variation of accreditation
68. Application for variation of accreditation
69. Determination of application for variation
70. Prescribed conditions and restrictions
71. Variation of conditions and restrictions
72. Regulator may make changes to conditions or restrictions
Subdivision 4 - Cancellation, suspension or surrender of accreditation
73. Cancellation or suspension of accreditation
74. Immediate suspension of accreditation
75. Surrender of accreditation
Subdivision 5 - Miscellaneous
76. Annual fees
77. Waiver of fees
78. Penalty for breach of condition or restriction
79. Accreditation cannot be transferred or assigned
80. Sale or transfer of railway operations by accredited person
81. Keeping and making available records for public inspection
Division 5 - Registration of rail infrastructure managers of private sidings
Subdivision 1 - Exemptions relating to certain private sidings
82. Exemption from accreditation in respect of certain private sidings
83. Requirement for managers of certain private sidings to be registered
Subdivision 2 - Procedures for granting registration
84. Application for registration
85. What applicant must demonstrate
86. Determination of application
Subdivision 3 - Variation of registration
87. Application for variation of registration
88. Determination of application for variation
89. Prescribed conditions and restrictions
90. Variation of conditions and restrictions
91. Regulator may make changes to conditions or restrictions
Subdivision 4 - Cancellation, suspension or surrender of registration
92. Cancellation or suspension of registration
93. Immediate suspension of registration
94. Surrender of registration
Subdivision 5 - Miscellaneous
95. Annual fees
96. Waiver of fees
96A. Annual activity statements
97. Registration cannot be transferred or assigned
98. Offences relating to registration
Division 6 - Safety management
Subdivision 1 - Safety management systems
99. Safety management system
100. Conduct of assessments for identified risks
101. Compliance with safety management system
102. Review of safety management system
103. Safety performance reports
104. Regulator may direct amendment of safety management system
Subdivision 2 - Interface agreements
105. Requirements for and scope of interface agreements
106. Interface coordination--rail transport operators
107. Interface coordination--rail infrastructure and public roads
108. Interface coordination--rail infrastructure and private roads
109. Identification and assessment of risks
110. Regulator may give directions
111. Register of interface agreements
Subdivision 3 - Other safety plans and programs
112. Security management plan
113. Emergency management plan
114. Health and fitness management program
115. Drug and alcohol management program
116. Fatigue risk management program
Subdivision 4 - Provisions relating to rail safety workers
117. Assessment of competence
118. Identification of rail safety workers
Subdivision 5 - Other persons to comply with safety management system
119. Other persons to comply with safety management system
Division 7 - Information about rail safety etc
120. Power of Regulator to obtain information from rail transport operators
Division 8 - Investigating and reporting by rail transport operators
121. Notification of certain occurrences
122. Investigation of notifiable occurrences
Division 9 - Drug and alcohol testing by Regulator
122A. Interpretation
123. Testing for presence of drugs or alcohol
124. Appointment of authorised persons
125. Identity cards
126. Authorised person may require preliminary breath test or breath analysis
127. Authorised person may require drug screening test, oral fluid analysis, urine test and blood test
127A. Facilitation of testing
128. Offence relating to prescribed concentration of alcohol or prescribed drug
128A. Offence to hinder or obstruct authorised person
128B. Offence to assault, threaten or intimidate authorised person
128C. Interfering or tampering with, or destroying, samples
129. Oral fluid or blood sample or urine sample or results of analysis etc not to be used for other purposes
129A. Additional NSW matters related to drug and alcohol testing and related offences
Division 10 - Train safety recordings
130. Interpretation
131. Disclosure of train safety recordings
132. Admissibility of evidence of train safety recordings in civil proceedings
Division 11 - Audit of railway operations by Regulator
133. Audit of railway operations by Regulator
PART 4 - SECURING COMPLIANCE
Division 1 - Guiding principle
134. Guiding principle
Division 2 - Rail safety officers
135. Appointment
136. Identity cards
137. Accountability of rail safety officers
138. Suspension and ending of appointment of rail safety officers
Division 3 - Regulator has functions and powers of rail safety officers
139. Regulator has functions and powers of rail safety officers
Division 4 - Functions and powers of rail safety officers
140. Functions and powers
141. Conditions on rail safety officers' powers
142. Rail safety officers subject to Regulator's directions
Division 5 - Powers relating to entry
Subdivision 1 - General powers of entry
143. Powers of entry
144. Notification of entry
145. General powers on entry
146. Persons assisting rail safety officers
147. Use of electronic equipment
148. Use of equipment to examine or process things
149. Securing a site or rolling stock
Subdivision 2 - Search warrants
150. Search warrants
151. Announcement before entry on warrant
152. Copy of warrant to be given to person with control or management of place
Subdivision 3 - Limitation on entry powers
153. Places used for residential purposes
Subdivision 4 - Specific powers on entry
154. Power to require production of documents and answers to questions
155. Abrogation of privilege against self-incrimination
156. Warning to be given
157. Power to copy and retain documents
Subdivision 5 - Powers to support seizure
158. Power to seize evidence etc
159. Directions relating to seizure
160. Rail safety officer may direct a thing's return
161. Receipt for seized things
162. Forfeiture of seized things
163. Return of seized things
164. Access to seized thing
Division 6 - Damage and compensation
165. Damage etc to be minimised
166. Rail safety officer to give notice of damage
167. Compensation
Division 7 - Other matters
168. Power to require name and address
168A. Power to direct production of documents
169. Rail safety officer may take affidavits
170. Attendance of rail safety officer at inquiries
171. Directions may be given under more than 1 provision
Division 8 - Offences in relation to rail safety officers
172. Offence to hinder or obstruct rail safety officer
173. Offence to impersonate rail safety officer
174. Offence to assault, threaten or intimidate rail safety officer
PART 5 - ENFORCEMENT MEASURES
Division 1 - Improvement notices
175. Issue of improvement notices
176. Contents of improvement notices
177. Compliance with improvement notice
178. Extension of time for compliance with improvement notices
Division 2 - Prohibition notices
179. Issue of prohibition notice
180. Contents of prohibition notice
181. Compliance with prohibition notice
Division 3 - Non-disturbance notices
182. Issue of non-disturbance notice
183. Contents of non-disturbance notice
184. Compliance with non-disturbance notice
185. Issue of subsequent notices
Division 4 - General requirements applying to notices
186. Application of Division
187. Notice to be in writing
188. Directions in notices
189. Recommendations in notice
190. Variation or cancellation of notice by rail safety officer
191. Formal irregularities or defects in notice
192. Serving notices
Division 5 - Remedial action
193. When Regulator may carry out action
194. Power of Regulator to take other remedial action
195. Costs of remedial or other action
Division 6 - Injunctions
196. Application of Division
197. Injunctions for non-compliance with notices
Division 7 - Miscellaneous
198. Response to certain reports
199. Power to require works to stop
200. Temporary closing of level crossings, bridges etc
201. Use of force
202. Power to use force against persons to be exercised only by police officers
PART 6 - EXEMPTIONS
Division 1 - Ministerial exemptions
203. Ministerial exemptions
Division 2 - Exemptions granted by Regulator
Subdivision 1 - Interpretation
204. Interpretation
Subdivision 2 - Procedures for conferring exemptions
205. Application for exemption
206. What applicant must demonstrate
207. Determination of application
Subdivision 3 - Variation of an exemption
208. Application for variation of an exemption
209. Determination of application for variation
210. Prescribed conditions and restrictions
211. Variation of conditions and restrictions
212. Regulator may make changes to conditions or restrictions
Subdivision 4 - Cancellation, suspension or surrender of an exemption
213. Cancellation or suspension of an exemption
213A. Surrender of exemption
Subdivision 5 - Penalty for breach of condition or restriction
214. Penalty for breach of condition or restriction
Subdivision 6 - Waiver of fees
214A. Waiver of fees
PART 7 - REVIEW OF DECISIONS
215. Reviewable decisions
216. Review by Regulator
217. Appeals
PART 8 - GENERAL LIABILITY AND EVIDENTIARY PROVISIONS
Division 1 - Legal proceedings
Subdivision 1 - General matters
218. Period within which proceedings for offences may be commenced
218A. Proceedings for offences
219. Multiple contraventions of rail safety duty provision
220. Authority to take proceedings
Subdivision 2 - Imputing conduct to bodies corporate
221. Imputing conduct to bodies corporate
Subdivision 3 - Records and evidence
222. Records and evidence from records
223. Certificate evidence
224. Proof of appointments and signatures unnecessary
Division 2 - Discrimination against employees
225. Dismissal or other victimisation of employee
Division 3 - Offences
226. Offence to give false or misleading information
227. Not to interfere with train, tram etc
228. Applying brake or emergency device
229. Stopping a train or tram
Division 4 - Court-based sanctions
230. Commercial benefits order
231. Supervisory intervention order
232. Exclusion orders
PART 9 - INFRINGEMENT NOTICES
233. Meaning of infringement penalty provision
234. Power to serve notice
235. Form of notice
236. Regulator cannot institute proceedings while infringement notice on foot
237. Late payment of penalty
238. Withdrawal of notice
239. Refund of infringement penalty
240. Payment expiates breach of infringement penalty provision
241. Payment not to have certain consequences
242. Conduct in breach of more than 1 infringement penalty provision
PART 10 - GENERAL
Division 1 - Delegation by Minister
243. Delegation by Minister
Division 2 - Confidentiality of information
244. Confidentiality of information
Division 3 - Law does not affect legal professional privilege
245. Law does not affect legal professional privilege
Division 4 - Civil liability
246. Civil liability not affected by Part 3 Division 3 or Division 6
247. Protection from personal liability for persons exercising functions
248. Immunity for reporting unfit rail safety worker
Division 5 - Codes of practice
249. Approved codes of practice
250. Use of codes of practice in proceedings
Division 6 - Enforceable voluntary undertakings
251. Enforceable voluntary undertaking
252. Notice of decisions and reasons for decision
253. When a rail safety undertaking is enforceable
254. Compliance with rail safety undertaking
255. Contravention of rail safety undertaking
256. Withdrawal or variation of rail safety undertaking
257. Proceedings for alleged contravention
Division 7 - Other matters
258. Service of documents
259. Recovery of certain costs
260. Recovery of amounts due
260A. Payment of portion of fines to ONRSR
261. Compliance with conditions of accreditation or registration
262. Contracting out prohibited
Division 8 - Application of certain South Australian Acts to this Law
263. Application of certain South Australian Acts to this Law
Division 9 - National regulations
264. National regulations
265. Publication of national regulations
SCHEDULE 1
SCHEDULE 2
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