South Australian Repealed Acts

This legislation has been repealed.

RAIL SAFETY ACT 2007 - SECT 69

69—Assessment of competence

        (1)         A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to the rail transport operator's rail infrastructure or rolling stock has the competence to carry out that work.

Maximum penalty: $30 000.

        (2)         For the purposes of subsection (1) , the competence of a rail safety worker to carry out rail safety work must be assessed—

            (a)         by reference to any qualification or any units of competence recognised under the regulations applicable to the rail safety work to be carried out;

            (b)         by reference to the knowledge and skills of the rail safety worker that would enable the worker to carry out the rail safety work safely.

        (3)         A certificate purporting to have been issued to a rail safety worker certifying that the worker has any qualifications or units of competence recognised under subsection (2)(a) is evidence that the worker has those qualifications or units of competence.

        (4)         Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work.

        (5)         A rail transport operator must maintain records in accordance with the regulations of the competence of rail safety workers who carry out rail safety work on or in relation to the rail transport operator's rail infrastructure or rolling stock.

Maximum penalty: $10 000.