his or her normal mental or physical faculties; emergency plan—see section 52; S. 3(1) def. of emergency service substituted by No. 23/2013 s. 5(1)(f). emergency service means an emergency services agency within the meaning of the Emergency Management Act 1986; S. 3(1) def. of employee inserted by No. 23/2013 s. 5(1)(b). employee includes a person employed under a contract of training; Energy Safe Victoria means Energy Safe Victoria established under section 4 of the Energy Safe Victoria Act 2005; S. 3(1) def. of footpath inserted by No. 69/2007 s. 54(1)(a). footpath has the same meaning as in the Road Rules; hazard means a source of potential harm; health and safety representative has the same meaning as in the Occupational and Health and Safety Act 2004; S. 3(1) def. of interface coordination plan substituted by No. 47/2006 s. 40, repealed by No. 69/2007 s. 54(1)(b). * * * * * S. 3(1) def. of level crossing inserted by No. 69/2007 s. 54(1)(a). level crossing means— (a) an area where a public roadway or a relevant roadway and railway (other than a tramway or light railway) cross at substantially the same level, whether or not there is a level crossing
(g) any other rail workplace; S. 3(1) def. of registered employee organisation substituted by No. 74/2009 s. 19. registered employee organisation means an organisation, of which some or all of the members are employees, that is registered under the Fair Work (Registered 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— (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. 22A(2) amended by No. 23/2013 s. 25(3). (2) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations. In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (3) An offence against subsection (1) or (2) is an indictable offence. Note to s. 22A(3) amended by No. 68/2009 s. 97(Sch. item 101.4). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 23 Duties of rail safety workers S. 23(1) amended by No. 23/2013 s. 26(2). (1) A rail safety worker, when carrying out rail safety work must— (a) take reasonable care for his or her own safety; and (b) take reasonable care for the safety of persons who may be affected by the rail safety worker's acts or omissions; and S. 23(1)(c) amended by No. 23/2013 s. 26(1). (c) co-operate with the rail transport operator or rail contractor employing or engaging them with respect to any action taken by the rail transport operator to comply with a requirement imposed by or under this Act or the regulations. Penalty: $300 000 or imprisonment for 5 years or both.
(2) An offence against subsection (1) is an indictable offence. Note to s. 28(2) amended by No. 68/2009 s. 97(Sch. item 101.7). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). S. 28A inserted by No. 47/2006 s. 41. 28A Provision of access to SMS to Safety Director or transport safety officer S. 28A(1) amended by Nos 49/2011 s. 18(1), 23/2013 s. 33. (1) The Safety Director may request, in writing, an accredited rail transport operator to provide the Safety Director, or a transport safety officer, access to the railway premises of the accredited rail transport operator, and any document or equipment at those railway premises, for the purpose of enabling the Safety Director, or the transport safety officer, to inspect the safety management system of the accredited rail transport operator. S. 28A(2) amended by Nos 49/2011 s. 18(2), 23/2013 s. 33. (2) An accredited rail transport operator must comply with a request under subsection (1) within 7 days after receiving the request. 15 penalty units. S. 28B (Heading) amended by No. 23/2013 s. 34(1). S. 28B inserted by No. 49/2011 s. 19. 28B Requirements of exempted rail transport operator S. 28B(1) amended by No. 23/2013 s. 34(2)(3). (1) A rail transport operator who holds an exemption granted under Division 5A of Part 5 or section 69B must establish a system and arrangements to ensure the safe management of the railway operations the rail transport operator carries out.
S. 34D(2)(a) amended by No. 23/2013 s. 45(3). (a) give the relevant road authority written notice of that opinion; and (b) determine measures, so far as is reasonably practicable, to manage those risks to safety. Penalty: In the case of a natural person, $50 000; 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(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—
(4) In this section— principal object of road management has the same meaning as in the Road Management Act 2004; works and infrastructure management principles means the principles set out in section 20(2) of the Road Management Act 2004; infrastructure manager has the same meaning as in the Road Management Act 2004. S. 34F (Heading) amended by No. 23/2013 s. 47(1). S. 34F inserted by No. 69/2007 s. 61. 34F Safety interface assessment by relevant road authority of relevant roadway or pathway S. 34F(1) amended by No. 23/2013 s. 47(2)(a)(3). (1) If a relevant road authority receives written notice under section 34D(2)(a) in relation to a relevant roadway or relevant pathway, the relevant road authority must— S. 34F(1)(a) amended by No. 23/2013 s. 47(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 relevant roadway or that is a relevant pathway because of, or partly because of, railway operations; and (b) determine measures to manage, so far as is reasonably practicable, any risks identified and assessed. Penalty: In the case of a natural person, $50 000; In the case of a body corporate, $500 000.
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 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 (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.
(5) The Safety Director must give the details, the statement of reasons and notice under subsection (4) in writing. 56 Surrender of accreditation S. 56(1) amended by No. 23/2013 s. 76. (1) An accredited rail transport operator may request the Safety Director to consent to the surrender of the accredited rail transport operator's accreditation. (2) A request must be in writing. (3) On receipt of a request, the Safety Director may consent to the surrender of the accreditation. (4) If the Safety Director refuses to consent to the surrender of an accreditation, the Safety Director must— S. 56(4)(a) amended by No. 23/2013 s. 76(1). (a) notify the accredited rail transport operator— (i) of that refusal; and (ii) that they have a right to seek review of the Safety Director's decision under Part 7; and S. 56(4)(b) amended by No. 68/2017 s. 93. (b) give the accredited rail transport operator a statement of reasons for the refusal. (5) A notification under subsection (4)(a) and a statement of reasons under subsection (4)(b) must be— (a) in writing; and S. 56(5)(b) amended by No. 68/2017 s. 93. (b) given to the accredited rail transport operator as soon as practicable after the Safety Director makes his or her decision to refuse consent to the surrender of the accreditation. 57 False or misleading information
S. 67 (Heading) amended by No. 23/2013 s. 84(1). 67 Accredited rail transport operator must investigate railway accidents and incidents S. 67(1) amended by No. 23/2013 s. 84(2). (1) An accredited rail transport operator must investigate and prepare a report into any railway accident or incident that may affect accredited railway operations the operator carries out. (2) A report under subsection (1) must be prepared in accordance with the regulations. S. 68 (Heading) amended by No. 23/2013 s. 85(1). 68 Accredited rail transport operator must put into effect emergency plan without delay S. 68(1) amended by No. 23/2013 s. 85(2)(3). (1) An accredited rail transport operator who has prepared an emergency plan must put the emergency plan into effect without delay if— (a) a major incident occurs; or (b) an incident occurs which could reasonably be expected to lead to a major incident. Penalty: In the case of a natural person, $50 000; In the case of a body corporate, $500 000. (2) An offence against subsection (1) is an indictable offence. Note to s. 68(2) amended by No. 68/2009 s. 97(Sch. item 101.11). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).
(6) Subject to subsection (7), the video-recording of the carrying out of an assessment of drug impairment on a rail safety worker is only admissible in a proceeding against that rail safety worker for an offence against this Act for the purpose of establishing that the assessment of drug impairment was carried out in accordance with the procedure specified in a notice under subsection (3). (7) Evidence obtained as a result of an assessment of drug impairment carried out on a rail safety worker is inadmissible as part of the prosecution case in proceedings against that rail safety worker for any offence if the video-recording of the assessment and any related material and information should have been but has not been destroyed as required by section 86G. (8) In any proceeding under this Act— (a) the statement of a transport safety officer that on a particular date he or she was authorised by the Safety Director under subsection (1)(a) to carry out an assessment of drug impairment; or (b) the statement of a police officer that on a particular date he or she was authorised by the Chief Commissioner of Police under subsection (1)(b) to carry out an assessment of drug impairment; or (c) a certificate purporting to be signed by the Safety Director that a transport safety officer named in it is authorised by the Safety Director under subsection (1) to carry out an assessment of drug impairment; or
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. 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. 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. 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. 24 Section 69J (refusal to grant variation of condition of or restriction on registration) A rail transport operator whose interests are affected by the decision.
S. 105(c) amended by No. 23/2013 s. 97. (c) investigations carried out by accredited rail transport operators under section 67. 106 Safety duties and risk management requirements and minimisation The Governor in Council may make regulations for or with respect to— (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
delivering and analysis of blood, oral fluid or urine samples. 110 General regulation making powers (1) The Governor in Council may make regulations for or with respect to— (a) requiring records of prescribed activities, matters or things to be kept by prescribed persons; S. 110(1)(b) substituted by No. 47/2006 s. 45(3). (b) requiring notice of, reports and information about, prescribed activities, matters or things to be given to the Safety Director or a transport safety officer; S. 110(1)(ba) inserted by No. 47/2006 s. 45(3). (ba) the content, manner and form of a notice, reports and information referred to in paragraph (b) to be given to the Safety Director or a transport safety officer; S. 110(1)(bb) inserted by No. 47/2006 s. 45(3), substituted by No. 69/2007 s. 66. (bb) matters or things safety interface agreements may provide for; S. 110(1)(bc) inserted by No. 47/2006 s. 45(3), amended by No. 23/2013 s. 102(1). (bc) requiring a rail transport operator to undertake reviews about railway operations the rail transport operator carries out, including— (i) the subject matter of the reviews; S. 110(1) (bc)(ii) amended by No. 23/2013 s. 102(1)(a). (ii) requiring the rail transport operator to give reports to the Safety Director of findings made in the reviews;