Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - NOTES

Act No. 9/2006

Victoria

No. 9 of 2006

Rail Safety Act 2006^[†]

[Assented to 4 April 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 6 October 2005

    Legislative Council: 28 March 2006

    The long title for the Bill for this Act was "to provide for safe rail operations in Victoria, to amend the Transport Act 1983, the Public Transport Competition Act 1995, the Rail Corporations Act 1996, the Electricity Industry Act 2000, the Gas Industry Act 2001, the Magistrates' Court Act 1989, the Road Management Act 2004, the Water Act 1989, the Water Industry Act 1994 and for other purposes."

INDEX

Subject	Section
Accidents
blood tests as consequence of	82
breath tests as consequence of	77, 82
definition	70
drug assessments as consequence of	79
investigations, reports	67
regulations regarding investigations, reports	105
Accreditation
accredited commercial rail operators	163, 168
agreements between rolling stock operators and railway infrastructure managers as requirement of	40–42
applications	38
cancellation	59
conditions	46, 55, 59
coordination of applications	43
criteria for assessing applications	39–40
definition	3
directions by Safety Director	42–43
disqualification	59
duration	47
exemptions	63–64, 66
expiry date imposed on	59
false, misleading information	57
fees	38, 59, 63, 66, 103, 105
further information required	38
grant to rail infrastructure managers	39
grant to rolling stock operators	40–41
mediation, conciliation for interstate applicants refused accreditation	90
non-compliance with conditions, restrictions	48
not transferable	62
obtained improperly	59
purpose	35
rail infrastructure manager's general duty to have	36
refusal	45
regulations	105
responsibility for alcohol and drug controls as condition of	46, 48
restrictions	46, 55, 59
review of decisions regarding	87–89
revocation of conditions, restrictions	53, 55
risk management requirements	39–40, 49–52, 54, 65–66
Subject	Section
rolling stock operator's general duty to have	37
surrender	56
suspension	58–59, 61
temporary accreditation	47
time limit on decisions on applications	44
transitional provisions and savings	168–170
variation	53–55
Accredited rail operators, operations See Rail operations; Rail operators
Act
amendment of other Acts	157–162
amendment of Public Transport Competition Act 1995	130–149
amendment of Rail Corporations Act 1996	150–156
amendment of Transport Act 1983	111–129
commencement	2
Crown bound by	12
interaction with Occupational Health and Safety Act 2004	101
principle of enforcement	16
purpose	1
railways to which Act does not apply	6
transitional provisions and savings	163–170
Alcohol and drug controls
accredited rail operator's responsibilities	46, 48
blood tests and samples	78, 80, 82, 83
breath tests and analysis	77–78
convictions, findings of guilt	74
corresponding laws	3, 9
declaration of drug	4, 104
definition of drug	3
drug assessments	79–81, 104
evidentiary provisions	76–79, 82–85
offences	76
prescribed concentration of alcohol (def.)	3
presumptions regarding presence of alcohol, drugs	71
regulations	109
savings and transitional provisions	167
subsequent offences	74
urine tests and samples	80
workers about to carry out rail safety work	73
workers taken to be impaired	72
Blood tests and samples
after accidents	82
approval of persons to take samples	8
evidentiary provisions	82–83
refusal to undergo	76
regulations	109
taking of	78, 80
Subject	Section
Breath tests and analysis
after accidents	77, 82
breath analysing instrument (def.)	3
carrying out of	77–78
evidentiary provisions	77, 78, 85
refusal to undergo	76, 78
regulations	109
Chief Commissioner of Police
powers, duties regarding
approval of types of apparatus, equipment	86
authorisations to operate breath analysing instrument, carry out drug assessments	78, 79, 85, 86
destruction of identifying information	81
Chief Investigator	3, 69
Codes of practice
approval	91
approved code of practice (def.)	3
availability	94
compliance with	102
consultation regarding	95
disallowance	104
effect	96
revisions to	92
revocation of approval	92, 93
tabling	104
Crown
bound by Act	12
proceedings against	100
Definitions	3, 50, 59, 64, 65, 66, 70, 81–85, 100, 104, 163
Director, Public Transport Safety See Safety Director
Drug assessments
after accidents, irregular incidents	79
blood samples as result of	80
carrying out of	79, 104
destruction of identifying information	81
evidentiary provisions	79, 83–84
refusal to undergo	76
regulations	109
reports	80
urine samples as result of	80
video recordings	79, 81
Emergency plans	3, 52, 68
Emergency services	3, 52, 69
Employee organisations See Registered employee organisations
Energy Safe Victoria	3, 33–34
Subject	Section
Evidentiary provisions
regarding
alcohol and drug-related offences	76
blood tests	82–83
breath tests	77, 78, 85
drug assessments	79, 83–84
offences against Occupational Health and Safety Act 2004	101
urine tests	84
Fees
accreditation	38, 59, 63, 66, 103, 105
certificates of competence	108
regulations providing for	110
safety audits	103
Health and safety representatives	3, 26, 39, 40
Incidents
definition	50
identification, control in risk management	50–51, 54
investigations, reports	67
irregular incidents
breath tests as result of	77
definition	70
drug assessments as result of	79
major incidents	3, 68–69
regulations regarding	105–106
Inquiries	58–60
Interface coordination plans
as requirement for exemption from accreditation	63
consultation with persons who have entered into	26, 39, 40
definition	3
Major incidents	3, 68–69
Minister
powers; duties regarding
approval of types of apparatus, equipment	86
codes of practice	91–95
corresponding laws	9
drugs	4
tabling of disallowable instruments	104
tourist and heritage railways, operators	66, 166
Occupational Health and Safety Act 2004
interaction with this Act and Regulations	101
Offences and penalties
by bodies corporate	97–98
by partnerships, unincorporated bodies or associations	99
construction of references to	10
proceedings against Crown, responsible agency	100
Subject	Section
regarding
accreditation	36–37, 42–43, 48, 54, 57
alcohol and drugs	76–78, 80, 81, 82
emergency plans	68
exemptions from accreditation	63
major incidents	69
rail contractors	22
rail infrastructure managers, operations	20
rail safety workers	23
rolling stock operators, operations	21
safety management systems	26, 27, 28
works by, near utilities, rail operations	33–34
single charge for multiple contraventions	31
Penalties See Offences and penalties
Police
powers, duties regarding drug and alcohol controls	77–82
warrant required for entry to residential premises	75
Private sidings
definition	3
exemptions from requirement to be accredited	63–64
review of decisions regarding exemptions	87
Public Transport Competition Act 1995
amendments to	130–149
Rail contractors
audit of medical records of rail safety workers of	30
definition	3
duty to ensure safety of infrastructure, rolling stock	22
Rail Corporations Act 1996
amendments to	150–156
Rail infrastructure
binding access arrangements, dispute resolution decisions	3, 5
control of	3, 5
definition	3, 163
definition of rail infrastructure manager, operations	3
emergency plan for infrastructure, operations	52
ensuring safety of infrastructure, operations	20, 22
exempted rail infrastructure managers	63, 64
manager deemed to carry out operations	3
regulations	106
utility works carried out on or near	33–34
See also Accreditation
Rail infrastructure managers, operations See Rail infrastructure
Subject	Section
Rail operations
accredited rail operations (def.)	3
changes to	54
definition	3
regulations	106
safety audits of accredited rail operations	29
works carried out by or near utilities	33–34
See also Rail infrastructure; Rail operators; Rolling stock; Safety management systems
Rail operators
accredited rail operators	3
definition	3
disciplinary action against	59–61
inquiries into	58–60
powers, duties, rights regarding
accidents, incidents, major incidents	67–69, 105
alcohol and drug controls	46, 48
emergency plans	52, 68
medical records of rail safety workers	30
rail safety	13
rail safety work	108
works carried out by, near utilities	33–34
See also Accreditation; Rail infrastructure; Rolling stock; Safety management systems; Tourist and heritage railway operators
Rail safety
ensuring safety	19–23, 32
interaction with Occupational Health and Safety Act 2004	101
objects of Act regarding	11
principles	13–18
regulations regarding duties	106
safety management systems	24–28
shared responsibility for	13
Rail safety work
definition	3, 7
ensuring safety of	20–23
regulations	108
Rail safety workers
actions taken by Safety Director to protect safety of	58
audit of medical records of	30
competence (def.)	3
definition	3
regulations regarding	108
responsibilities regarding rail safety	13, 23
See also Alcohol and drug controls
Railway incidents, accidents See Accidents; Incidents
Subject	Section
Railway premises
consultation with persons who work at	26, 39, 40
definition	3
definition of premises	3
regulations	106
Railways
definition	3
railways to which this Act does not apply	6
Registered employee organisations	3, 26, 39, 40
Regulations
compliance with	102
general power to make and matters provided for	110
interaction with Occupational Health and Safety Act 2004	101
principle of enforcement	16
regarding
accreditation	105
alcohol and other drug controls	109
audits of medical records	30
investigation of accidents, incidents	105
rail safety work	108
safety duties, risk management	106
safety management systems	107
savings and transitional provisions	165
Reviews	87–89
Risk management
as requirement for accreditation
application of Part 5, Division 3	49
assessment, identification of incidents, hazards	50
emergency planning	52
exemptions from ongoing compliance with	66
general compliance with	39, 40
identification of changes	54
measures to eliminate, reduce certain risks	51
ongoing compliance with	65
principle of accountability for	14
principle of integrated risk management	15
regulations regarding duties	106
Rolling stock
consultation with persons who work with	26, 39, 40
definition	3
definition of rolling stock operations, operators	3
emergency plan for operations	52
ensuring safety of operations	21, 22
exempted rolling stock operators	63, 64
regulations	106
See also Accreditation
Rolling stock operators, operations See Rolling stock
Safety audits	3, 29, 103
Subject	Section
Safety Director
definition	3
powers, duties regarding
audit of medical records of rail safety workers	30
authorisation of transport safety officers	79, 86
destruction of identifying information	81
disciplinary action	58–60
drug assessments	79
fees	103
inquiries	58–60
major incidents	69
mediation, conciliation	90
rail safety	13
safety audits	29
safety of public, rail safety workers	55, 58
works by, near utilities, rail operations	33–34
review of decisions of and by	88–89
tabling, disallowance of certain notices of	104
See also Accreditation
Safety management systems
as requirement for accreditation	39–40
consultation requirements	26
definition	24
form and contents	25
must be in place at all times	27
non-compliance with	28, 59
regulations	107
Savings and transitional provisions	163–170
Secretary	3, 44
Tourist and heritage railway operators
exemptions from risk management requirements	66
definitions, declarations as to accredited operators	66, 163, 166
review of decisions regarding	87
transitional provisions	163, 166, 169
Transitional provisions See Savings and transitional provisions
Transport Act 1983
amendments to	111–129
Transport safety officers
definition	3
powers, duties regarding
audit of medical records of rail safety workers	30
drug and alcohol controls	77–82
entry to residential premises	75
Tribunal See Victorian Civil and Administrative Tribunal
Urine tests and samples
carrying out of	80
evidentiary provisions	84
refusal to undergo	76
regulations	109
Subject	Section
Utilities	3, 33–34
Victorian Civil and Administrative Tribunal	89
Victorian Institute of Forensic Medicine Director	8