TRANSPORT SAFETY INVESTIGATION REGULATIONS 2003 2003 No. 158 - REG 4.3 Immediately reportable matters (Act s 3)

Commonwealth Numbered Regulations

Immediately reportable matters (Act s 3)

(1): For the purposes of the definition of immediately reportable matter in section 3 of the Act, the following investigable matters, in relation to a rail vehicle operation, are prescribed:

(a): subject to subregulation (2), the death of, or a serious injury to, a person on board the rail vehicle or in contact with the rail vehicle or anything attached to the rail vehicle or anything that has become detached from the rail vehicle;
(b): a collision between the rail vehicle and 1 or more other rail vehicles, resulting in serious damage to any of the rail vehicles;
(c): a collision between the rail vehicle and a person or vehicle at a level crossing, including a pedestrian crossing;
(d): a collision between the rail vehicle and an obstruction that results in serious damage to, or destruction of, the rail vehicle or obstruction;
(e): a running line derailment of the rail vehicle.

(2): For paragraph (1) (a), the death of, or a serious injury to, a person does not include:

(a): death or serious injury resulting from natural causes (except to a member of the locomotive crew); or
(b): death or serious injury that is intentionally self-inflicted; or
(c): death or serious injury that is intentionally caused by another person; or
(d): death or serious injury suffered by a stowaway in a part of the rail vehicle that is not usually accessible to crew members or passengers after departure; or
(e): death occurring more than 30 days after the occurrence that caused the death, unless the death was caused by an injury that required admission to hospital within 30 days after the occurrence.

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