Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 23

    (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

        (c)     co-operate with the rail operator or rail contractor employing or engaging them with respect to any action taken by the rail operator to comply with a requirement imposed by or under this Act or the regulations.

Penalty:     1800 penalty units.

    (2)     A rail safety worker, when carrying out rail safety work, must not intentionally or recklessly interfere with or misuse anything provided to them by the rail operator or rail contractor employing or engaging them—

        (a)     in the interests of safety; or

        (b)     under this Act or the regulations.

Penalty:     1800 penalty units.

    (3)     A rail safety worker, when carrying out rail safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

Penalty:     1800 penalty units.

    (4)     For the purposes of sub-section (1)(a), (b) or (c), in determining whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.

    (5)     An offence against sub-section (1), (2) or (3) is an indictable offence.

    Note:     However, the offence may be heard and determined summarily (see section 53 of, and Schedule 4 to, the Magistrates' Court Act 1989 ).