Baldock Larry: Railways Bill — Second Reading Instruction to Committee In Committee Third Reading 
Baldock Larry: Railways Bill — Second Reading Instruction to Committee In Committee Third Reading 
[Volume:625;Page:19905] 
LARRY BALDOCK (United Future) 
: 
 Firstly I thank the Transport and Industrial Relations Committee for the work it has done. United Future does not have a member on that particular committee but I can see from the report back that the committee worked very cooperatively and made some very useful changes to the legislation. I also thank the officials who helped us with a briefing to enable us to come up to speed with the changes that have been made. As I said we think that these changes are improvements to the legislation. 
The bill proposes a more proactive approach to identifying and managing critical safety issues by ensuring that the key rail participants are licensed that key safety data is collected that operators demonstrate that they are managing safety risks and that the Land Transport Safety Authority has more powers to audit inspect and sanction operators. This bill seeks to reduce compliance costs without reducing safety standards. A feature of the bill is its proportional response to the various issues that arise. It does not seek to overlegislate but it does not let pressing issues fall through the gaps. It provides distinctions as to who is accountable and that is very useful. Another feature of this bill is the implicit incentive to maintain a required level of safety standards. 
The changes made by the select committee reflect the ongoing vigilance of the industry and Parliament to maintain safety standards and to correct any problems inconsistencies or discrepancies—no matter how incidental—that might compromise rail safety or the efficient management of the rail corridor. The inclusion of new definitions of terms and positions in the first series of clauses provides needed clarity as to the roles and responsibilities of positions that are central to operational safety and performance. It also provides for a clear pathway to accountability in order to isolate and fix problems that may arise. We are interested not just in sheeting home the blame to someone but also in then being able to fix the problems that may arise. 
The legislation recognises that addressing issues of safety often calls for direct action to be taken bypassing the line of authority when circumstances warrant it. That is represented in the bill by the requirement to obey the network controller unless circumstances dictate independent action—such as where the network controller has no knowledge of the situation at hand. That flexibility allows for quick action to be taken and is yet another example of the practical measures that are a hallmark of this bill. 
It is encouraging to note that the legislation reflects the thinking of experts in the field who have first-hand experience in other jurisdictions. The fact that an expert from the United Kingdom was consulted on risk management in the rail industry is testimony to the fact that no stone was left unturned to get the best result. This approach—ascertaining as much what to do as what not to do—is a healthy approach to designing safety standards. Safety monitoring at a personal level is also addressed in the bill which requires that safety assessors have the requisite training knowledge and experience to undertake assessments. United Future commends that inclusion of expertise as a necessary requirement of safety assessors. 
We are also pleased that unresolved issues surrounding level crossing safety have been addressed in this bill. There have been too many tragedies involving personal safety at level crossings largely because of a lack of adequate warning devices and signs. We are pleased that there will be improved coordination between parties both at the local level and at the higher governmental and operator levels to improve warning signs and related safety measures. It is important that a balance be reached between allowing heritage rail operators—who offer important tourist attractions—not to be overburdened with compliance costs and still maintaining required safety levels. United Future is pleased that this bill recognises that balance. The bill also provides a good balance between upholding requirements and allowing flexibility to act to achieve railway safety. 
United Future congratulates officials and the committee for applying practical solutions to pressing risk management and rail safety problems. This is an approach that United Future always advocates so we gladly lend our support to the second reading of this bill. 
Bill read a second time.