S. 3(1) def. of rail land inserted by No. 23/2013 s. 5(1)(b). rail land includes— (a) any land specified in paragraphs (a) and (b) of the definition of railway premises; and (b) any land occupied by a railway infrastructure manager under the relevant rail infrastructure lease; S. 3(1) def. of rail operations repealed by No. 23/2013 s. 5(1)(a). * * * * * S. 3(1) def. of rail operator repealed by No. 23/2013 s. 5(1)(a). * * * * * S. 3(1) def. of rail or road crossing inserted by No. 69/2007 s. 54(1)(a). rail or road crossing means— s. 3 (a) a railway crossing; or (b) a bridge carrying— (i) a public roadway or relevant roadway over a railway; or (ii) a public pathway or relevant pathway over a railway; or (c) a bridge carrying a railway over— (i) a public roadway or relevant roadway; or (ii) a public pathway or relevant pathway; rail safety work—see section 7; S. 3(1) def. of rail safety worker amended by No. 23/2013 s. 5(1)(j). rail safety worker means a person who has carried out, is carrying out or is about to carry out, rail safety work and includes—
Organisations) Act 2009 of the Commonwealth. S. 3(1) def. of registered medical practitioner substituted by No. 13/2010 s. 51(Sch. item 46.2). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of registered person inserted by No. 23/2013 s. 5(1)(b). registered person means a rail transport operator who is registered under Division 7 of Part 5 but does not include a person whose registration has been suspended, surrendered or revoked or has otherwise ceased to have effect; S. 3(1) def. of relevant pathway inserted by No. 69/2007 s. 54(1)(a). relevant pathway means a footpath or shared path that does not form part of a public road; S. 3(1) def. of relevant road authority inserted by No. 23/2013 s. 5(1)(b). relevant road authority means— s. 3 (a) in relation to a public roadway, the coordinating road authority within the meaning of section 36 of the Road Management Act 2004; (b) in relation to a relevant roadway, relevant pathway or public responsible road authority within the meaning of section 37 of the Road Management Act 2004 or the owner or occupier of the land on which there is a relevant roadway or relevant pathway; S. 3(1) def. of relevant road manager inserted by No. 69/2007 s. 54(1)(a), repealed by No. 23/2013 s. 5(1)(a). * * * * *
S. 3(1) def. of Victorian Institute of Forensic Medicine Director amended by No. 77/2008 s. 129(Sch. 2 item 23.1). Victorian Institute of Forensic Medicine Director means the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985; S. 3(1) def. of volunteer amended by No. 23/2013 s. 5(1)(o). volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses); S. 3(1) def. of works contractor inserted by No. 23/2013 s. 5(1)(b). works contractor means any person engaged directly or indirectly by Rail Track or a road authority to conduct road works or ancillary rail works on behalf of Rail Track or the road authority, including a subcontractor; S. 3(1) def. of works manager inserted by No. 23/2013 s. 5(1)(b). works manager means Rail Track, a road authority or a works contractor. S. 3(2) amended by No. 23/2013 s. 5(2). (2) For the purposes of this Act, a rail infrastructure manager is taken to carry out railway operations supplied to the rail infrastructure manager by— (a) a rail contractor engaged directly or indirectly by the rail infrastructure manager to supply those operations to the rail infrastructure manager; or (b) a sub-contractor of the rail contractor referred to in paragraph (a). S. 3(3) amended by No. 23/2013 s. 5(3). (3) For the purposes of this Act, a rolling stock operator is taken to carry out railway operations supplied to the rolling stock operator by— s. 3 (a) a rail contractor engaged directly or indirectly by the rolling stock operator to
In the case of a body corporate, $500 000. S. 34D(3) amended by No. 23/2013 s. 45(3)(5). (3) If the rail infrastructure manager is of the opinion that the risks to safety do not need to be managed in conjunction with the relevant road authority, the rail infrastructure manager must keep a written record of that opinion. Penalty: In the case of a natural person, $50 000; In the case of a body corporate, $500 000. S. 34D(4) amended by No. 23/2013 s. 45(3). (4) Unless subsection (3) applies, a rail infrastructure manager must seek to enter into a safety interface agreement with the relevant road authority for the purpose of managing the risks identified and assessed under subsection (1). S. 34E (Heading) amended by No. 23/2013 s. 46(1). S. 34E inserted by No. 69/2007 s. 61. 34E Safety interface assessment by relevant road authority of public roadway or pathway s. 34E S. 34E(1) amended by No. 23/2013 s. 46(2)(a)(3). (1) A relevant road authority in relation to a public roadway or public pathway must— S. 34E(1)(a) amended by No. 23/2013 s. 46(2)(b). (a) identify and assess, so far as is reasonably practicable, risks to safety that may arise from the existence or use of any rail or road crossing that is part of the road infrastructure of that public roadway or that is a public pathway because of, or partly because of, railway operations; (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed.
S. 34H inserted by No. 69/2007 s. 61, amended by No. 23/2013 s. 49. 34H Identification and assessment of risks A rail transport operator or relevant road authority may identify and assess risks to safety as required under section 34B, 34C, 34D, 34E or 34F— (a) by identifying and assessing those risks independently; or S. 34H(b) amended by No. 23/2013 s. 49. (b) by identifying and assessing those risks jointly with, as the case requires, another rail transport operator or a relevant road authority; or S. 34H(c) amended by No. 23/2013 s. 49. (c) by adopting the identification and assessment of those risks carried out by, as the case requires, another rail transport operator or a relevant road authority. S. 34I inserted by No. 69/2007 s. 61. 34I Safety interface agreements A safety interface agreement under this Division may— S. 34I(a) amended by No. 23/2013 s. 50(1)(2). (a) be entered into by 2 or more rail transport operators or by one or more rail transport operators and one or more relevant road authorities; (b) include measures to manage any number of risks to safety that may arise because of, or partly because of, any rail operations; S. 34I(c) amended by No. 23/2013 s. 50(3). (c) include measures to manage any number of risks to safety that may arise from any railway operations because of, or partly because of, the existence or use of any road infrastructure; (d) make provision for or in relation to any matter by applying, adopting or incorporating any matter contained in any document; (e) consist of 2 or more documents.
S. 34J inserted by No. 69/2007 s. 61. 34J Safety Director may give directions if persons fail to make safety interface agreements s. 34I S. 34J(1) amended by No. 23/2013 s. 51(1). (1) This section applies if the Safety Director is satisfied that a rail transport operator or relevant road authority referred to in section 34B, 34C, 34D, 34E or 34F is— (a) unreasonably refusing or failing to enter into a safety interface agreement with another person as required under this Division; or (b) unreasonably delaying the negotiation of that agreement. S. 34J(2) amended by No. 23/2013 s. 51(1). (2) The Safety Director may serve a written notice on the rail transport operator or relevant road authority (as the case requires). (3) A written notice under subsection (2)— S. 34J(3)(a) amended by No. 23/2013 s. 51(1). (a) must warn the rail transport operator or relevant road authority (as the case requires) of the powers of the Safety Director under this section, including the power to issue a direction under subsection (5) at any time after a specified date; and (b) must contain a copy of this section; and (c) may contain suggested terms for inclusion in a safety interface agreement. S. 34J(4) amended by No. 23/2013 s. 51(1). (4) If the Safety Director serves a notice under subsection (2) to a rail transport operator or relevant road authority, the Safety Director may, in writing, request the person served with the notice to provide such information as the Safety Director reasonably requires for the purposes of making a direction under subsection (5). s. 34J (5) If a notice is issued under this section and a safety interface agreement has not been entered into by
(ii) that they have a right to seek review of the Safety Director's decision under Part 7; and S. 53(5)(b) amended by No. 23/2013 s. 71(2). (b) give the accredited rail transport operator a statement of reasons for the refusal. (6) A notification under subsection (5)(a) and a statement of reasons under subsection (5)(b) must be— (a) in writing; and S. 53(6)(b) amended by No. 23/2013 s. 71(2). (b) given to the accredited rail transport operator as soon as practicable after the Safety Director makes his or her decision to refuse to grant the variation or to agree to the revocation (as the case requires). 54 Application for variation of accreditation is required in certain cases s. 54 S. 54(1) substituted by No. 69/2007 s. 62(1), amended by No. 23/2013 s. 72. (1) This section applies if an accredited rail transport operator proposes to make a change to, or to the manner of carrying out, accredited railway operations that may reasonably be expected— S. 54(1)(a) amended by No. 23/2013 s. 72(b). (a) to change the nature, character and scope of the accredited railway operations ; or S. 54(1)(b) amended by No. 23/2013 s. 72(a). (b) to not be within the competence and capacity for which the accredited rail transport operator is accredited. s. 54 S. 54(1A) inserted by No. 69/2007 s. 62(1), amended by No. 23/2013 s. 72(a). (1A) The accredited rail transport operator must apply to the Safety Director for a variation of its accreditation.
(b) if the Safety Director requests further information for the purposes of making that decision, 6 months, or such other period, as is agreed between the Safety Director and the accredited rail transport operator, after the Safety Director receives the last of the information requested; or (c) if the Safety Director, by notice in writing given to the accredited rail transport operator before the expiry of the relevant 6 months, specifies another period, that period— whichever is longer. S. 54A (Heading) amended by No. 23/2013 s. 73. S. 54A inserted by No. 69/2007 s. 63. 54A Where application for variation relates to cooperative railway operations s. 54A Sections 43 and 62A apply to an application for variation of an accreditation as if a reference in those sections to an application for accreditation were a reference to an application for variation of accreditation. S. 54B inserted by No. 69/2007 s. 63, amended by No. 23/2013 s. 74. 54B Prescribed conditions and restrictions The accreditation of a rail transport operator that is varied under this Part is subject to any conditions or restrictions prescribed by the regulations and that are applicable to the accreditation as varied. S. 55 (Heading) amended by No. 23/2013 s. 75(1). 55 Safety Director may vary, revoke or impose new conditions of or restrictions on an accreditation on own initiative s. 55 (1) The Safety Director may at any time on his or her own initiative— S. 55(1)(a) amended by No. 23/2013 s. 75(2). (a) vary or revoke a condition of or restriction on an accreditation; or (b) impose a new condition or restriction.
purposes of this section and if the rail safety worker to be examined or from whom a sample of blood is to be collected has expressed consent to that examination or collection, no action lies against the registered medical practitioner or approved health professional who acts in accordance with that consent even if it subsequently appears that the rail safety worker was in fact incapable by reason of his or her mental condition from effectively giving consent to the examination or collection. (16) Except as provided in sections 86D and 86H, a blood sample must not be taken and evidence of the result of an analysis of a blood sample must not be tendered unless the rail safety worker from whom the blood has been collected has expressed consent to the collection of the blood and the onus of proving that expression of consent is on the prosecution. s. 86I (17) The mere failure or refusal of a rail safety worker to express consent must not be used in evidence against the rail safety worker or referred to in any way against the rail safety worker's interests in any proceeding. (18) A certificate purporting to be signed by a person— (a) who took a blood sample; or (b) who analysed a blood sample— in accordance with the provisions of an Act of another State or a Territory that substantially corresponds to section 86H of this Act and in accordance with any regulations made under the corresponding Act is admissible in evidence in a proceeding referred to in subsection (4) and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.
(19) Subsections (7), (10), (11) and (12) apply in respect of a certificate referred to in subsection (18) as if the certificate was given under this section. S. 86J inserted by No. 23/2013 s. 89. 86J Evidentiary provisions—oral fluid samples s. 86J (1) In this section— approved analyst means a person who by virtue of subsection (2) is to be taken to be a properly qualified analyst for the purposes of this section; approved expert means a person who by virtue of subsection (3) is to be taken to be a properly qualified expert for the purposes of this section; properly qualified analyst means— (a) an approved analyst; or (b) a person who is considered by the court to have scientific qualifications, training and experience that qualifies him or her to carry out the analysis and to express an opinion as to the facts and matters contained in a certificate under subsection (6); properly qualified expert means— (a) an approved expert; or (b) a person who is considered by the court to have scientific qualifications, training and experience that qualifies him or her to express an opinion as to the facts and matters contained in a certificate under subsection (7).
1 Division 2 of Part 5 (refusal to accredit) A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out. 2 Section 42(2) (issue of written notice) A rolling stock operator or rail infrastructure manager to whom a written notice has been issued. 3 Section 42(4) (direction) A person given a direction under section 42. Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 4 Section 43 (direction to coordinate accreditation applications) A person given a direction under section 43. 5 Section 44 (failure to accredit within the period of time specified in the section or the extended period) A rail transport operator who has applied to be accredited in respect of the railway operations the rail transport operator carries out. 6 Section 46 (decision to impose conditions or restrictions of accreditation) An accredited rail transport operator whose interests are affected by the decision. 7 Section 46B (decision to grant a fee exemption to a tourist and heritage railway operator) A tourist and heritage railway operator whose interests are affected by the decision.
8 Section 53 (refusal to grant variation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 9 Section 53 (refusal to agree to revocation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 10 Section 54 (refusal to grant variation of accreditation) A rail transport operator whose interests are affected by the decision. s. 87 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 11 Section 55 (variation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 12 Section 55 (revocation of condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 13 Section 55 (imposition of new condition or restriction of accreditation) A rail transport operator whose interests are affected by the decision. 14 Section 56 (refusal to consent to surrender of accreditation) A rail transport operator whose interests are affected by the decision.
15 Section 58 (immediate suspension of accreditation) A rail transport operator whose interests are affected by the decision. 16 Section 59(3) (decision as to any one or more of the things listed in section 59(3)—for example, suspend or immediately cancel an accreditation or disqualify a person from holding an accreditation) (1) A rail transport operator whose interests are affected by the decision. (2) A person who was previously a rail transport operator whose interests are affected by the decision. s. 87 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 17 Section 61D (refusal to grant exemption, decision to grant exemption subject to conditions or restrictions, or decision to extend relevant period of an application for exemption) A rail transport operator who carries out railway operations whose interests are affected by the decision. 18 Section 61F (refusal to grant variation of conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision. 19 Section 61I (decision to vary conditions or restrictions on an exemption) A rail transport operator whose interests are affected by the decision.
20 Section 61J (decision to revoke or suspend an exemption) A rail transport operator whose interests are affected by the decision. 21 Section 62A(3) (Safety Director not acting in accordance with guidelines) A rail transport operator who has applied for accreditation under Division 2, or for variation of accreditation or the conditions or restrictions of accreditation under Division 4. s. 87 Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 22 Section 69F (decision to grant registration subject to conditions, refusal to grant registration, decision to extend relevant period of an application for registration) A rail transport operator whose interests are affected by the decision. 23 Section 69H (refusal to grant variation of registration, decision to grant variation subject to conditions or restrictions, or decision to extend relevant period of an application for variation of registration) A rail transport operator whose interests are affected by the decision.
(a) the way in which duties or obligations imposed by this Act or the regulations are performed; S. 106(b) amended by No. 23/2013 s. 98. (b) regulating or prohibiting specified railway operations or a specified class of railway operations— (i) at railway premises or a specified class of railway premises; or (ii) by a specified class of persons on whom duties or obligations are imposed by this Act— to eliminate or reduce risks to safety; S. 106(c) amended by No. 23/2013 s. 98. (c) regulating or requiring the taking of any action to avoid a hazard or incident (including a major incident) at railway premises or while railway operations are being carried out; S. 106(d) amended by No. 23/2013 s. 98. (d) regulating, requiring or prohibiting the taking of any action in the event of an incident (including a major incident) at railway premises or while railway operations are being carried out; (e) regulating or requiring the examination, testing, maintenance or repair of rail infrastructure or rolling stock. 107 Safety management systems s. 107 The Governor in Council may make regulations for or with respect to— (a) the preparation of safety management systems; (b) the matters and information that safety management systems must contain; (c) how safety management systems are to be kept and maintained.