Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions and interpretation  
   4.      Declaration of substances to be a drug  
   5.      Meaning of "control"  
   6.      Railways to which this Act does not apply  
   7.      Rail safety work  
   8.      Approval of person to take blood samples for the purposes of Part 6  
   9.      Declaration of an alcohol and drug control law of another State or Territory to be corresponding law  
   10.     References to contraventions of Acts to be read as including references to contraventions of regulations  
   11.      Objects and principles of rail safety  
   12.     Crown to be bound  

   PART 2--PRINCIPLES OF RAIL SAFETY

   13.     Principle of shared responsibility  
   14.     Principle of accountability for managing safety risks  
   15.     Principle of integrated risk management  
   16.     Principle of enforcement  
   17.     Principle of transparency and consistency  
   18.     Principle of participation, consultation and involvement of all affected persons  

   PART 3--RAIL SAFETY DUTIES AND OTHER SAFETY REQUIREMENTS

           Division 1--The Concept of Ensuring Safety

   19.     The concept of ensuring safety  

           Division 2--Safety Duties of Rail Infrastructure Managers and Rolling Stock Operators

   20.     Duty of rail infrastructure managers to ensure safety of rail infrastructure operations  
   21.     Duty of rolling stock operators to ensure safety of rolling stock operations  

           Division 3--Safety Duties of Other Persons

   22.     Rail contractor duties  
   23.     Duties of rail safety workers  

           Division 4--Safety Management Systems

   24.     What is a safety management system?  
   25.     Form and contents of safety management systems  
   26.     Rail operator must consult before establishing safety management system  
   27.     Rail operator to have in place a safety management system  
   28.     Rail operator must comply with a safety management system  

           Division 5--Safety Audits and Audits of Medical Records of Rail Safety Workers

   29.     Safety audits  
   30.     Audit of medical records of rail safety workers  

           Division 6--Other Matters

   31.     Single charge for multiple contraventions of certain duties  
   32.     Civil liability not affected by Division 2 or 3  

   PART 4--PROTECTION AND CONTROL OF RAIL OPERATIONS

   33.     Safety Director may require utility works or rail operations to stop  
   34.     Safety Director may direct utility works or rail operations to be altered, demolished or taken away  

   PART 5--ACCREDITATION OF RAIL INFRASTRUCTURE AND ROLLING STOCK OPERATIONS

           Division 1--Preliminary Matters

   35.     Purpose of accreditation  

           Division 2--Accreditation

   36.     Offence for certain rail infrastructure managers not to be accredited  
   37.     Rolling stock operators must not operate rolling stock unless accredited  
   38.     Application for accreditation  
   39.     Criteria on which accreditation applications by rail infrastructure managers are to be assessed  
   40.     Criteria on which accreditation applications by rolling stock operators are to be assessed  
   41.     Accreditation following direction  
   42.     Safety Director may give directions in relation to rolling stock operator applicants  
   43.     Safety Director may direct applicants to co-ordinate and cooperate in their accreditation applications  
   44.     Time within which Safety Director must make decision whether to accredit  
   45.     Notification and reasons to be given if accreditation refused  
   46.     Restrictions and conditions concerning accreditation  
   47.     How long accreditation lasts  
   48.     Offence to fail to comply with conditions etc.  

           Division 3--Risk Management Requirements for Accreditation

   49.     Application of Division  
   50.     Identification of incidents and hazards, and risk assessment  
   51.     Measures to control likelihood, magnitude and severity of consequences of incidents  
   52.     Emergency planning  

           Division 4--Variation and Surrender of Accreditation

   53.     Accredited rail operator may apply for variation or revocation of conditions and restrictions  
   54.     Application for variation of accreditation is required in certain cases  
   55.     Safety Director may vary, revoke or impose new conditions or restrictions of an accreditation on own initiative  
   56.     Surrender of accreditation  
   57.     False or misleading information  

           Division 5--Disciplinary Action

   58.     Power of immediate suspension  
   59.     Disciplinary action against an accredited rail operator  
   60.     Procedure and powers concerning disciplinary inquiries  
   61.     Effect of suspension  

           Division 6--Miscellaneous

   62.     Accreditation cannot be transferred  
   63.     Accreditation exemptions for private siding rail operations  
   64.     Revocation of accreditation exemptions for private siding rail operations  
   65.     Accredited rail operators must demonstrate ongoing compliance with risk management requirements  
   66.     Exemption from ongoing compliance with risk management requirements  
   67.     Accredited rail operator must investigate railway accidents and incidents  
   68.     Accredited rail operator must put into effect emergency plan without delay  
   69.     Accredited rail operator must notify emergency services and others of a major incident  

   PART 6--ALCOHOL AND OTHER DRUG CONTROLS FOR RAIL SAFETY WORKERS

           Division 1--Preliminary Matters

   70.     Definitions  
   71.     Presumptions in relation to presence of concentrations of alcohol and other drugs  
   72.     When a rail safety worker is not to be taken to be impaired  
   73.     When a rail safety worker is to be regarded as being about to carry out rail safety work  
   74.     Findings of guilt and convictions and subsequent offences  
   75.     Entry into residential premises not allowed without a warrant  

           Division 2--Offences, Testing and Analysis

   76.     Offences involving alcohol  
   77.     Preliminary breath tests  
   78.     Breath analysis  
   79.     Drug assessment  
   80.     Blood and urine samples  
   81.     Destruction of identifying information  
   82.     Blood samples to be taken in certain cases  

           Division 3--Evidentiary Provisions

   83.     Evidentiary provisions—blood tests  
   84.     Evidentiary provisions—urine tests  
   85.     Evidentiary provisions—breath tests  

           Division 4--Other Matters

   86.     Approvals  

   PART 7--REVIEW OF DECISIONS

   87.     Reviewable decisions  

           Division 2--of Part 5 (refusal to accredit)

   88.     Internal review  
   89.     Review by the Tribunal  
   90.     Special right of review concerning interstate applicants  

   PART 8--CODES OF PRACTICE

   91.     Codes of practice  
   92.     Revisions to approved codes of practice  
   93.     Revocation of approvals of codes of practice  
   94.     Availability of approved codes of practice  
   95.     Minister must consult before approving code of practice or revision to code of practice  
   96.     Effect of approved code of practice  

   PART 9--GENERAL

           Division 1--Offences by Bodies Corporate

   97.     Imputing conduct to bodies corporate  
   98.     Liability of officers of bodies corporate  

           Division 2--Offences by Partnerships and Unincorporated Bodies or Associations

   99.     Liability of officers of partnerships and unincorporated bodies or associations  

           Division 3--Proceedings against the Crown

   100.    Responsible agency for the Crown  

           Division 4--Other Matters

   101.    Interaction with the Occupational Health and Safety Act 2004  
   102.    Effect of compliance with regulations or approved codes of practice  
   103.    Fees for service  
   104.    Tabling and disallowance of certain Orders, notices and approved codes of practice  

           Division 5--Regulations

   105.    Accreditation  
   106.    Safety duties and risk management requirements and minimisation  
   107.    Safety management systems  
   108.    Rail safety work  
   109.    Alcohol and other drug controls  
   110.    General regulation making powers  

   PART 10--AMENDMENT OF TRANSPORT ACT 1983

   111.    Definitions  
   112.    New Subdivision 1 heading inserted into Division 1 of Part II  
   113.    Objects and functions of the Department  
   114.    New Subdivision 2 heading inserted into Division 1 of Part II  
   115.    Functions and powers of Director  
   116.    New sections 9AA to 9AC inserted  
   117.    New Subdivision 3 of Division 1 of Part II inserted  
   118.    New Subdivision 4 heading inserted into Division 1 of Part II  
   119.    Repeal  
           --Divisions 2 and 3 of Part VI of the Transport Act 1983 are repealed.
   120.    Amendment of heading to Part VII  
   121.    Definition  
   122.    New Division 4AAA of Part VII inserted  
   123.    Repeal of certain offences  
   124.    New section 223 substituted  
   125.    New Division 4B of Part VII inserted  
   126.    New section 229A and 229B inserted  
   127.    New section 230A and Divisions 6 and 7 of Part VII inserted  
   128.    Service  
   129.    Statute law revision  

   PART 11--OTHER AMENDMENTS TO ACTS, SAVINGS AND TRANSITIONALS

           Division 1--Amendment of Public Transport Competition Act 1995

   130.    Application for accreditation  
   131.    Matters to be considered  
   132.    Giving or refusal of accreditation  
   133.    Conditions of accreditation  
   134.    Change of conditions etc.  
   135.    Duration of accreditation  
   136.    Requirement to notify of charges etc.  
   137.    Periodical returns  
   138.    Application for renewal of accreditation  
   139.    Renewal of accreditation  
   140.    Nature of accreditation  
   141.    Safety Director not liable for giving accreditation  
   142.    Supervision of accredited persons  
   143.    Procedure and powers  
   144.    Immediate power of suspension  
   145.    Review by Victorian Civil and Administrative Tribunal  
   146.    Codes of practice  
   147.    Fees  
   148.    Delegation  
   149.    No compensation payable  

           Division 2--Amendment of Rail Corporations Act 1996

   150.    New definition inserted  
   151.    Objective of Rail Track  
   152.    Functions and powers of Rail Track  
   153.    New section 12 inserted  
   154.    Definition of "access provider" amended and new definitions inserted  
   155.    Decisions not to interfere with certain directions of the Safety Director  
   156.    Statute law revision  

           Division 3--Other Amendments

   157.    Electricity Industry Act 2000 amendment—New section 85 substituted and new sections 93A to 93C inserted  
   158.    Gas Industry Act 2001 amendment—New sections 147A and 149A to 149C inserted  
   159.    Magistrates' Court Act 1989 amendment—Certain indictable offences triable summarily etc.  
   160.    Road Management Act 2004 amendment—New Division 4A of Part 4 of that Act inserted  
   161.    Water Act 1989 amendment—New sections 137A to 137C inserted  
   162.    Water Industry Act 1994 amendment—New sections 62A to 62C inserted  

           Division 4--Savings and Transitionals

   163.    Definitions  
   164.    General transitional provision  
   165.    Savings and transitional regulations  
   166.     Declaration in relation to tourist and heritage railways  
   167.    Orders and approvals relating to alcohol and other drug controls under the Transport Act 1983  
   168.    Existing accreditations for accredited commercial rail operators  
   169.    Existing accreditations for accredited tourist and heritage rail operators  
   170.    Compliance with safety management system requirements not required until old accreditations expire  
           ENDNOTES