Victorian Numbered Acts Victorian Numbered Acts(1) A court that finds a person guilty of an offence against this Act or a relevant law may, on the application of the prosecutor or the Safety Director, if the court considers the person to be a systematic or persistent offender against this Act or a relevant law, make an order under this section.
(2) The court may make a supervisory intervention order requiring the person (at the person's own expense and for a specified period not exceeding one year) to do all or any of the following—
(a) to do specified things that the court considers will improve the person's compliance with this Act or a relevant law or specified aspects of this Act or a relevant law, including (for example) the following—
(i) appointing or removing staff to or from particular activities or positions;
(ii) training and supervising staff;
(iii) obtaining expert advice as to maintaining appropriate compliance;
(iv) installing monitoring, compliance, managerial or operational equipment;
(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures;
(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Safety Director or a person nominated by the Safety Director;
(c) to furnish compliance reports to the Safety Director or the court or both as specified in the order;
(d) to appoint a person to have responsibilities—
(i) to assist the person in improving compliance with this Act or the relevant law or specified aspects of this Act or the relevant law; and
(ii) to monitor the person's performance in complying with this Act or the relevant law or specified aspects of this Act or the relevant law and in complying with the requirements of the order; and
(iii) to furnish compliance reports to the Safety Director or the court or both as specified in the order.
(3) The court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and frequency with which, compliance reports are to be prepared and furnished.
(4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form and manner in which, and frequency with which, they are to be made public.
(5) The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person's ability or willingness to comply with this Act or the relevant law, having regard to, as the case requires—
(a) the offences against this Act, a relevant law or an Australian rail safety law of which the person has been previously found guilty;
(b) the offences against this Act, a relevant law or an Australian rail safety law for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices;
(c) any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with, as the case requires—
(i) railway operations; or
(ii) bus services.
(6) For the purposes of subsection (5)(b), the court may have regard to—
(a) an infringement notice that has been served on the person in relation to an offence under corresponding interstate law that—
(i) has not been withdrawn or cancelled; and
(ii) is not taken to be a charge in relation to the offence by operation of section 40(1)(b) of the Infringements Act 2006 ; and
(b) an infringement notice of the kind referred to in paragraph (a) that has been served on the person in relation to an offence referred to in that paragraph in relation to which information lodged under section 71(1)(a) of the Infringements Act 2006 is not taken to be a charge by operation of section 71(1)(b) of that Act; and
(c) in relation to an infringement notice referred to in paragraph (a) or (b)—
(i) the nature and gravity of the infringement offence for which the infringement notice was served; and
(ii) when the infringement offence for which the infringement notice was served was alleged to have been committed; and
(iii) whether the infringement offence for which the infringement notice was served still exists; and
(iv) the age of the person at the time of the infringement offence for which the infringement notice was served; and
(v) the person's behaviour since the alleged commission of the infringement offence for which the infringement notice was served; and
(vi) the likelihood of the person committing another infringement offence for which the infringement notice was served; and
(vii) whether the infringement offence for which the infringement notice was served has been expiated; and
(viii) whether the decision to serve the infringement notice has been subject to internal review under Division 3 of Part 2 of the Infringements Act 2006 ; and
(ix) any information that the person has given the Safety Director in relation to the infringement notice, including reasons why the infringement penalty stated in the infringement notice was paid; and
(x) any other matter that the court considers relevant.
(7) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order.
(8) A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of—
(a) the Safety Director; or
(b) the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment.
(9) A person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement.
Penalty: In the case of a natural person, $10 000;
In the case of a body corporate, $50 000.
(10) In this section—
"compliance report", in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to—
(a) the performance of the person in complying with—
(i) this Act or the relevant law or specified aspects of this Act or the relevant law specified in the order; and
(ii) the requirements of the order; and
(b) without limiting the above—
(i) things done by the person to ensure that any failure by the person to comply with this Act or the relevant law or specified aspects of this Act or the relevant law does not continue; and
(ii) the results of those things having been done;
"corresponding interstate law" means—
(a) the Rail Safety National Law, as in force from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia as applied as a law of a participating jurisdiction (within the meaning of that Law); or
(b) a law of the Commonwealth, another State or a Territory that corresponds or substantially corresponds to a relevant law.