Victorian Numbered Acts

RAIL SAFETY ACT 2006 (NO 9 OF 2006) - SECT 50

    (1)     A rail infrastructure manager must—

        (a)     identify all incidents which could occur on or at rail infrastructure or while carrying out rail infrastructure operations; and

        (b)     identify all hazards that could cause, or contribute to causing, those incidents.

    (2)     A rolling stock operator must—

        (a)     identify all incidents which could occur while carrying out rolling stock operations; and

        (b)     identify all hazards that could cause, or contribute to causing, those incidents.

    (3)     A rail infrastructure manager or rolling stock operator must document all aspects of any identification required by (as the case requires) sub-section (1) or (2), including the methods and criteria used for identifying the incidents and hazards.

    (4)     A rail operator must conduct a comprehensive and systematic assessment in relation to all possible incidents and all hazards identified in accordance with (as the case requires) sub-section (1) or (2).

    (5)     An assessment must involve an examination and analysis of the hazards and incidents identified in accordance with (as the case requires) sub-section (1) or (2) that provide the rail operator with a detailed understanding of all aspects of risk to safety associated with the incidents, including—

        (a)     the nature of each hazard and incident; and

        (b)     the likelihood of each hazard causing an incident; and

        (c)     in the event of an incident occurring—

              (i)     its magnitude; and

              (ii)     the severity of its consequences of the incident; and

        (d)     the range of control measures considered.

    (6)     In conducting an assessment, the rail operator must—

        (a)     consider hazards cumulatively as well as individually; and

        (b)     use assessment methodologies (whether quantitative or qualitative, or both) that are appropriate to the hazards being considered.

    (7)     The rail operator must document all aspects of the assessment, and the documentation must—

        (a)     describe the methodology used in the examination and analysis; and

        (b)     state all the matters specified in sub-section (5)(a) to (d); and

        (c)     contain judgments as to the matters specified in sub-section (5)(a) and (b), and reasons for those judgments; and

        (d)     contain, in relation to the range of control measures considered—

              (i)     statements as to their viability and effectiveness; and

              (ii)     reasons for selecting certain control measures and rejecting others.

    (8)     In this section—

"incident" includes major incident.