Rail Safety Act - AbsoluteAstronomy.com

The Rail Safety Act 2006 (the Act) is a law enacted by the Parliament of the State of Victoria

Victoria (Australia)

Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

, Australia

Australia

Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

and is the prime statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

regulating the safety of rail operations in the State. The Act was developed as part of the Transport Legislation Review

Transport Legislation Review

The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....

conducted by the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

and is aimed at preventing deaths and injuries arising from rail

Rail transport

Rail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...

operations.

The Rail Safety Act was the State's first dedicated statute

Statute

on the subject having replaced provisions in the former Transport Act 1983

Transport Act 1983

The Transport Act 1983 was the main statute establishing government transport organisations and regulating land transport activities in the State of Victoria, Australia for 27 years from mid 1983 to mid 2010...

. The Act also established Victoria's first independent transport safety regulator, the Director, Public Transport Safety

Director, Public Transport Safety

The Director, Public Transport Safety was the independent Government agency responsible for rail and bus safety in the State of Victoria, Australia, between 1 August 2006 and 30 June 2010. The position was created as a statutory office by statute in early 2006 and was the State's first...

. It was passed in early 2006 and commenced on 1 August of that year.

The Rail Safety Act forms part of the transport

Transport

Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...

policy

Policy

A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...

and legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

framework in Victoria

Victoria (Australia)

headed by the Transport Integration Act

Transport Integration Act

The Transport Integration Act 2010 is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the former Transport Act 1983....

. As a result, the application of the Rail Safety Act is subject to the overarching transport system vision, transport system objectives and decision making principles set out in the Transport Integration Act

Transport Integration Act

. The responsible Minister

Minister (government)

A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

for the Act is the Minister for Public Transport.

Outline

The stated purpose of the Rail Safety Act is "...to provide for safe rail operations in Victoria

Victoria (Australia)

". The objects of the Act center on the safety of rail operations, management of safety risks, continuous improvement in rail safety

Safety

Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...

management, public confidence in the safety of rail transport

Rail transport

and appropriate stakeholder involvement. The Act also contains a number of overarching policy principles relating to shared responsibility, accountability for managing safety risks, integrated risk management

Risk management

Risk management is the identification, assessment, and prioritization of risks followed by coordinated and economical application of resources to minimize, monitor, and control the probability and/or impact of unfortunate events or to maximize the realization of opportunities...

, enforcement, transparency, consistency and stakeholder involvement

Stakeholder engagement

Stakeholder engagement is the process by which an organisation involves people who may be affected by the decisions it makes or can influence the implementation of its decisions...

.

The Act establishes a regulatory scheme with the following key elements -

a number of performance based safety duties applying to a broad range of parties who can affect rail safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...

outcomes
an accreditation scheme concentrating on key rail industry operational parties
a requirement that rail operators have a safety management system
Safety Management Systems
Safety Management System is a term used to refer to a comprehensive business management system designed to manage occupational safety and health elements in the workplace.-Description of SMS:...

in place
a broad range of sanctions
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...

and penalties
cost benefit
Cost-benefit analysis
Cost–benefit analysis , sometimes called benefit–cost analysis , is a systematic process for calculating and comparing benefits and costs of a project for two purposes: to determine if it is a sound investment , to see how it compares with alternate projects...

protections against excessive action by the regulator against industry participants
alcohol and drug controls on rail safety workers
provision for the making of codes of practice to give guidance to regulated rail industry parties.

The Rail Safety Act also established the State's first dedicated public transport safety regulator - the Director, Public Transport Safety

Director, Public Transport Safety

- which was created as an independent statutory office.

Parts

The Rail Safety Act is divided into ten parts -

Preliminary
Principles of Rail Safety
Rail Safety Duties and Other Safety Requirements
Protection and Control of Rail Operations
Accreditation of Rail Infrastructure and Rolling Stock Operations
Alcohol and Other Drug Controls for Rail Safety Workers
Review of Decisions
Codes of Practice
General
Other Amendments to Acts, Savings and Transitional

Coverage

The Rail Safety Act regulates the safety

Safety

compliance

Regulatory compliance

In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and...

of most rail transport in Victoria

Rail transport in Victoria

Rail transport in Victoria, Australia, is provided by a number of railway operators who operate over the government-owned railway lines. Victorian lines use broad gauge, with the exception of a number of standard gauge freight and interstate lines, a few experimental narrow gauge lines, and...

including heavy and light rail systems, public and private sidings, tramways and tourist and heritage rail operations. The main railways regulated by the Act include the Melbourne heavy rail system

Railways in Melbourne

The Melbourne rail network is operated by Metro Trains Melbourne under franchise from the Government of Victoria. The network is based on a commuter rail model centred on the Melbourne Central Business District and Flinders Street Station, rather than a rapid transit model, with a focus on...

, the Melbourne tram and light rail network

Trams in Melbourne

The Melbourne tramway network is a major form of public transport in Melbourne, the capital city of the state of Victoria, Australia. , the network consisted of of track, 487 trams, 28 routes, and 1,773 tram stops. It was therefore the largest urban tramway network in the world, ahead of the...

, Victoria's regional standard and broad gauge rail networks and regional tourist and heritage railways. Railways excluded from coverage under the Act include railways in mines, amusement and theme park railways and slipway

Slipway

A slipway, boat slip or just a slip, is a ramp on the shore by which ships or boats can be moved to and from the water. They are used for building and repairing ships and boats. They are also used for launching and retrieving small boats on trailers and flying boats on their undercarriage. The...

Duties

Part 3 of the Rail Safety Act sets out a number of performance based safety

Safety

duties which are required to be observed by designated rail industry participants including -

rail infrastructure managers (including persons in charge of rail tracks)
rolling stock
Rolling stock
Rolling stock comprises all the vehicles that move on a railway. It usually includes both powered and unpowered vehicles, for example locomotives, railroad cars, coaches and wagons...

operators
rail contractors
Independent contractor
An independent contractor is a natural person, business, or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal agreement. Unlike an employee, an independent contractor does not work regularly for an employer but works as and when...
labour-hire entities
Labour hire
Labour hire is the term applied to provision of outsourced skilled and unskilled blue-collar workers hired for short- or long-term positions....
rail safety workers

"Rail contractor" is defined broadly by the Act to include a range of persons including those involved in design, construction, manufacture, supply, installation, maintenance, repair and modification who knows or ought reasonably to know that things were to be used as rail infrastructure or rolling stock

Rolling stock

Rolling stock comprises all the vehicles that move on a railway. It usually includes both powered and unpowered vehicles, for example locomotives, railroad cars, coaches and wagons...

.

The typical formulation of a safety duty specifies that persons in this category must ensure the safety

Safety

of things for which they are responsible "so far as is reasonably practicable" although the formulation varies according to the party. Rail infrastructure managers and rolling stock operators, for example, are also required to provide or maintain systems of rail safety

Safety

work that are, so far as is reasonably practicable, safe. Penalties for breach of the safety duties are substantial and vary among natural person

Natural person

Variously, in jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization that the law treats for some purposes as if it were a person distinct from its members or owner...

and body corporate

Corporation

A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...

offenders.

The framework of safety duties in the Act seeks to give practical effect to the so-called "chain of responsibility" concept in the rail

Rail transport

safety

Safety

sector. That concept seeks to identify the parties who are in a sufficient position of control over risks, in this case to safety

Safety

, and to allocate responsibility by law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

accordingly.

Accreditation scheme

Two key parties responsible for the direct operation of railways in Victoria

Victoria (Australia)

, rail infrastructure managers and rolling stock

Rolling stock

Rolling stock comprises all the vehicles that move on a railway. It usually includes both powered and unpowered vehicles, for example locomotives, railroad cars, coaches and wagons...

operators, are not permitted to operate under the Act unless they are granted accreditation

Accreditation

Accreditation is a process in which certification of competency, authority, or credibility is presented.Organizations that issue credentials or certify third parties against official standards are themselves formally accredited by accreditation bodies ; hence they are sometimes known as "accredited...

by the regulator. The purpose of accreditation

Accreditation

is to attest to an operators's competence and capacity to manage the risks to safety

Safety

associated with their rail operations. Matters applicants are required to demonstrate under the scheme are that their safety management system

Safety Management Systems

Safety Management System is a term used to refer to a comprehensive business management system designed to manage occupational safety and health elements in the workplace.-Description of SMS:...

complies with the Act, that they have sufficient financial capacity or insurance

Insurance

In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...

to meet potential accident liabilities, and other matters.

Safety management systems

Certain rail operators, that is infrastructure managers and rolling stock

Rolling stock

Rolling stock comprises all the vehicles that move on a railway. It usually includes both powered and unpowered vehicles, for example locomotives, railroad cars, coaches and wagons...

operators, are required to have a safety management system

Safety Management Systems

Safety Management System is a term used to refer to a comprehensive business management system designed to manage occupational safety and health elements in the workplace.-Description of SMS:...

(SMS) to ensure the safe management of their rail operations. A safety management system

Safety Management Systems

Safety Management System is a term used to refer to a comprehensive business management system designed to manage occupational safety and health elements in the workplace.-Description of SMS:...

must be documented and "...provide a comprehensive and integrated management system..." setting out all risks and control measures. In essence, the SMS is the key safety plan for those parties who have ground level operational responsibilities in the rail sector.

Compliance

Regulatory compliance

-related provisions to support the Rail Safety Act scheme were not included in that Act and instead were included in the then Transport Act 1983

Transport Act 1983

(since renamed, the Transport (Compliance and Miscellaneous) Act 1983

Transport (Compliance and Miscellaneous) Act 1983

The 'Transport Act 1983' is a prime statute regulating transport activities in the State of Victoria, Australia...

). The compliance support scheme centres on provisions enabling the appointment of authorised officers, conferral of coercive powers and a range of administrative and court-based sanctions. The key elements are -

appointment of officers transport safety officers
powers relating to entry to railway premises, inspection
Inspection
An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity...

, securing sites, use of force
Use of force
The term use of force describes a right of an individual or authority to settle conflicts or prevent certain actions by applying measures to either: a) dissuade another party from a particular course of action, or b) physically intervene to stop them...

and seizure
Seizure
An epileptic seizure, occasionally referred to as a fit, is defined as a transient symptom of "abnormal excessive or synchronous neuronal activity in the brain". The outward effect can be as dramatic as a wild thrashing movement or as mild as a brief loss of awareness...

of things
powers to search
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...

, enter and require production of documents and information and to require name and address details
sanctions
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...

and penalties such as improvement notices, prohibition notices and infringement notices
powers to initiate prosecutions
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...

, receive safety undertakings and impose commercial benefits penalty orders, supervisory intervention orders, exclusion orders and adverse publicity orders.

Responsible regulator

The responsible regulator for the application and enforcement of the Rail Safety Act, and therefore the regulation of the safety

Safety

performance of the rail sector in Victoria

Victoria (Australia)

, is the Director, Transport Safety

Director, Transport Safety

The Director, Transport Safety is the independent Government agency responsible for rail, bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the Transport Integration Act 2010...

. The Director operates under the trading name, Transport Safety Victoria

Director, Transport Safety

. The office of the Director is established under the Transport Integration Act 2010

Transport Integration Act

and is independent of the Department of Transport

Department of Transport (Victoria, Australia)

The Department of Transport or DOT is the central Government agency responsible for the coordination, integration and regulation of the transport system in the State of Victoria, Australia...

and responsible Ministers, except in limited circumstances.

Development

Regulatory scheme

The development of the proposal for the Rail Safety Act was managed by the former Department of Infrastructure in Victoria as part of its Transport Legislation Review

Transport Legislation Review

The Transport Legislation Review was a policy and legislation review project conducted by the Department of Transport in the State of Victoria, Australia between 2004 and 2010....

project. The Department released an issues paper outlining the broad policy outline for rail safety

Safety

scheme legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

in May 2004. The paper outlined a series of concerns about the former rail safety

Safety

regulation

Regulation

Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...

framework in Victoria including concerns about safety

Safety

trends and outcomes and comparisons with schemes in overseas jurisdictions. Comments on the issues paper were requested from industry

Industry

Industry refers to the production of an economic good or service within an economy.-Industrial sectors:There are four key industrial economic sectors: the primary sector, largely raw material extraction industries such as mining and farming; the secondary sector, involving refining, construction,...

parties and other interested stakeholders. Comments received from industry

Industry

, government

Government

Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...

and other stakeholders resulted in the refinement of the proposal and changes to its design.

Governance scheme

The proposal for a new public transport

Public transport

Public transport is a shared passenger transportation service which is available for use by the general public, as distinct from modes such as taxicab, car pooling or hired buses which are not shared by strangers without private arrangement.Public transport modes include buses, trolleybuses, trams...

regulator was developed separately but concurrently with the development of the rail safety

Safety

regulatory scheme. The Department commissioned a further review which led to a detailed report on the subject.. The review examined governance

Governance

Governance is the act of governing. It relates to decisions that define expectations, grant power, or verify performance. It consists of either a separate process or part of management or leadership processes...

arrangements for safety

Safety

regulation

Regulation

in the public transport

Public transport

sector drawing on Australian and overseas models. Recommendations were made aimed at improving the governance

Governance

, accountability

Accountability

Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...

and methodology

Methodology

Methodology is generally a guideline for solving a problem, with specificcomponents such as phases, tasks, methods, techniques and tools . It can be defined also as follows:...

of the then public transport

Public transport

regulator which at that time obtained its powers to regulate safety

Safety

through delegation from the Secretary

Secretary

A secretary, or administrative assistant, is a person whose work consists of supporting management, including executives, using a variety of project management, communication & organizational skills. These functions may be entirely carried out to assist one other employee or may be for the benefit...

of the Department of Infrastructure. Particular concerns were expressed about the lack of independence

Independence

Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....

of the regulator function and the perceived lack of clarity about its charter

Charter

A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

and accountabilities as well as conflict of interest concerns. Ultimately, the review recommended the creation of an independent statutory office with a clearer charter

Charter

A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...

and accountability

Accountability

arrangements.

The governance

Governance

review also examined the case for merging the public transport

Public transport

regulator with the then Victorian marine

Marine (ocean)

Marine is an umbrella term. As an adjective it is usually applicable to things relating to the sea or ocean, such as marine biology, marine ecology and marine geology...

safety

Safety

regulator, the Director of Marine Safety. While not recommended at that time, the review found that integration of the functions could be examined in two to three years time once the public transport

Public transport

regulatory schemes had been settled and further examination of marine safety

Safety

regulation

Regulation

had occurred. The Victorian Government ultimately pursued the full integration of its public transport

Public transport

and marine safety

Safety

regulators five years later as part of its Transport Integration Act

Transport Integration Act

proposal.

Ultimately, the proposals for both a new rail safety

Safety

regulation

Regulation

scheme and new public transport

Public transport

safety

Safety

governance

Governance

arrangements were presented to the Victorian Parliament as proposed legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

in early October 2005.

Parliamentary approval

Introduction

The Rail Safety Act was introduced into the lower house

Lower house

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

of the Victorian Parliament, the Legislative Assembly

Legislative Assembly

Legislative Assembly is the name given in some countries to either a legislature, or to one of its branch.The name is used by a number of member-states of the Commonwealth of Nations, as well as a number of Latin American countries....

, as the Rail Safety Bill. The Bill was introduced at the same time as the Transport Legislation (Safety Investigations) Bill, a proposal to establish an independent public transport and marine safety investigator in Victoria, and the Bills were debated together.

The responsible Minister

Minister (government)

A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

for both Bill proposals was the then Minister for Transport, the Hon Peter Batchelor

Peter Batchelor

Peter Batchelor was an Australian politician before retiring at the Victorian State Election on 27 November 2010. He was an Australian Labor Party member of the Victorian Legislative Assembly since 1990, representing the electorate of Thomastown. He served most recently as Minister for Energy and...

MP. The Minister moved the second reading of the Rail Safety Bill on 6 October 2005 and set the context for the Bill in his speech in support as follows -

"This Bill heralds a new era in rail safety

Safety

in Victoria (Australia)

Victoria (Australia)

. While Victoria has a proud rail safety record over the 150 years of rail operations in the State, new enhanced rail safety

Safety

regulation

Regulation

and public transport

Public transport

governance

Governance

is essential in order to maintain our current high safety

Safety

levels and to generate continuous safety

Safety

improvements in the future.

Government and transport

Transport

operators must remain vigilant about rail safety

Safety

performance. Together, we need to seek further safety improvements in an industry where, as international and interstate experiences show, incidents have the potential for serious consequences for life and limb. This is a particular issue for Victoria

Victoria (Australia)

where the responsibility for the delivery and operation of passenger

Passenger

A passenger is a term broadly used to describe any person who travels in a vehicle, but bears little or no responsibility for the tasks required for that vehicle to arrive at its destination....

and freight rail services has been largely devolved to private operators and away from direct Government control.

Victoria's challenge, and more broadly the challenge for the nation, is to learn from the safety

Safety

regulation

Regulation

improvements in other jurisdictions and industries and to adopt best practice

Best practice

A best practice is a method or technique that has consistently shown results superior to those achieved with other means, and that is used as a benchmark...

regulation

Regulation

that facilitates better hazard identification

Hazard Identification

A Hazard Identification Study or HAZID is a tool for hazard analysis, used early in a project as soon as process flow diagrams, draft heat and mass balances, and plot layouts are available. Existing site infrastructure, weather, and geotechnical data are also required, these being a source of...

and risk management

Risk management

-- activities aimed at preventing incidents, and at mitigating their consequences if ever they do occur. With these considerations in mind, it has been a key objective of the Government to develop a contemporary best practice

Best practice

A best practice is a method or technique that has consistently shown results superior to those achieved with other means, and that is used as a benchmark...

rail safety

Safety

regime for the State."

Debate, criticism and amendments

The Rail Safety Bill was the subject of a reasoned amendment moved by the then Opposition shadow Transport Minister Terry Mulder

Terry Mulder

Terence Wynne "Terry" Mulder is an Australian politician. He has been a Liberal member of the Victorian Legislative Assembly since 1999, representing the Colac-based electorate of Polwarth. He is currently Minister for Transport and Roads.Mulder was born in Colac, and attended Trinity College, but...

MP on 1 March 2006 in the Legislative Assembly

Legislative Assembly

. The amendment sought to defer the Victorian Parliament's consideration of the Bill pending the approval of a national model Rail Safety Bill which had adopted the Victorian policy framework but which was being developed on a later timetable by the National Transport Commission. Mr Mulder stated -

"The National Transport Commission has developed a model Bill for rail safety throughout Australia

Australia

and is still in the process of consulting with industry groups and State Governments. Victoria

Victoria (Australia)

has jumped the gun and decided to go it alone. As indicated in the second-reading speeches, the Government proposes to tidy up the legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

as it moves forward."

"In reality the rail industry is looking for and wants a single regulator. It wants simplification and regulations which are uniform across all States. As I have said, the Minister was not prepared to do that. I understand that the Victorian Government has agreed to follow several provisions of the model Bill. But there are other parts of the model Bill that the minister has not seen fit to follow. This has all the hallmarks of the Victorian Government trying to take the agenda away from the National Transport Commission, putting in place a process and trying to drive the agenda from that point forward."

In response, the Minister observed that -

(Members) have spoken on a landmark piece of legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

which sees Victoria

Victoria (Australia)

leading and not following. We are leading the way in national rail safety

Safety

reform

Reform

Reform means to put or change into an improved form or condition; to amend or improve by change of color or removal of faults or abuses, beneficial change, more specifically, reversion to a pure original state, to repair, restore or to correct....

. We are achieving objectives that many State Transport Ministers have been attempting to achieve along with their national colleagues. .... This is an important piece of legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

because the Rail Safety Bill will become the model legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

for all other Australian jurisdictions."

The Government moved a series of amendments to the Bill during the latter stages of its passage in the Legislative Assembly

Legislative Assembly

largely to give effect to national alignment matters agreed between the Department of Infrastructure and the National Transport Commission.

Passage, assent and commencement

The Rail Safety Bill was passed by the Legislative Assembly

Legislative Assembly

on 1 March 2006. The Bill was introduced into the Legislative Council

Legislative Council

A Legislative Council is the name given to the legislatures, or one of the chambers of the legislature of many nations and colonies.A Member of the Legislative Council is commonly referred to as an MLC.- Unicameral legislatures :...

on 2 March 2006. Second reading was moved in the upper house

Legislative Council

on 28 March and the Bill was ultimately passed without further amendment on 29 March 2006.

The Rail Safety Bill received the Royal Assent

Royal Assent

The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

on 4 April 2006 to become the Rail Safety Act 2006. The Act was ultimately proclaimed to commence

Coming into force

Coming into force or entry into force refers to the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect...

on 1 August 2006. The Rail Safety Regulations 2006 which were required to support the operation of the Act also operated from the same date thereby formally commencing the new rail safety regulation scheme.

Changes to the Act

The Act has been subject to some significant changes since it was passed in 2006. These include requirements on rail infrastructure managers and road managers since 1 July 2010 to enter into safety interface agreements. This scheme pursues the identification and management of risks to safety

Safety

at road/rail crossings, particularly level crossing

Level crossing

A level crossing occurs where a railway line is intersected by a road or path onone level, without recourse to a bridge or tunnel. It is a type of at-grade intersection. The term also applies when a light rail line with separate right-of-way or reserved track crosses a road in the same fashion...

s, as one means of improving safety

Safety

outcomes at those locations.

National impact

2006 Model Bill

The development and passage of the Rail Safety Act in Victoria

Victoria (Australia)

in March 2006 was followed by policy and legislation developments at national level. In June 2006, the Australian Transport Council approved a model Rail Safety Bill for adoption in law by the States and the Northern Territory

Northern Territory

The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

. The regulatory framework in the national model Bill adopted the scheme set out in the Victorian Act. Accordingly, the Victorian legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

satisfied the core national scheme requirements and required small changes only to be compatible with the national draft.

Adoption of the model national Bill was gradual. The national proposal was subsequently adopted by legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

passed in South Australia

South Australia

South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...

(in 2007), New South Wales

New South Wales

New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

(2008) and Tasmania

Tasmania

Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...

(2009) and eventually in Western Australia

Western Australia

Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...

(2010), the Northern Territory

Northern Territory

The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

(2010) and Queensland

Queensland

Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...

(2010).

Once it was clear that a majority of other jurisdictions had implemented the new framework, the Victorian Rail Safety Act was amended to acknowledge that the Victorian statute

Statute

forms part of the nationally consistent rail safety

Safety

scheme which it spawned.

2008 centralisation proposal

A further national proposal emerged in 2008 at the instigation of the Rudd Government

Rudd Government

The Rudd Government refers to the federal Executive Government of Australia of the Australian Labor Party from 2007 to 2010, led by Kevin Rudd as Prime Minister. The Rudd Government commenced on 3 December 2007, when Rudd was sworn in along with his ministry...

. This followed soon after the approval of the national model Rail Safety Bill and before most States and the Northern Territory

Northern Territory

The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

were able to embed the model Bill into their local laws.

The Australian Transport Council and the Council of Australian Governments

Council of Australian Governments

The Council of Australian Governments is an organisation consisting of the federal government, the governments of the six states and two mainland territories and the Australian Local Government Association. It was established in May 1992 after agreement by the then Prime Minister, Premiers and...

are pursuing a centralisation proposal (sometimes called the "single national rail safety regulator") to establish a safety regulator for all rail operations in Australia

Australia

including interstate

Interstate

An Interstate is a type of high-speed, limited-access highway in the United StatesInterstate may also refer to:-Media:*Interstate 60 , a metaphysical comedy/drama road film...

railways and domestic state and territory urban systems (heavy rail, light rail and tram) and shortlines. The proposal forms part of a "seamless national economy" proposal being pursued by the Commonwealth Government and COAG.

The proposal envisages the establishment of an applied laws scheme and a central rail safety regulation bureaucracy for Australia

Australia

located in Adelaide

Adelaide

Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...

in South Australia

South Australia

and the abolition of the current rail safety regulators in the States and the Northern Territory

Northern Territory

The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

.

Negotiations are currently underway between the Commonwealth

Commonwealth

Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...

and States and Territories

States and territories of Australia

The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...

on this centralisation proposal. Final approval and adoption of legislation

Legislation

Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

and other arrangements is still to occur. There has been both support for and opposition to the full centralised regulatory proposal since it was first raised.

Support

The original centralisation concept has been supported by interstate rail interests and jurisdictions such as Tasmania

Tasmania

, Queensland

Queensland

, South Australia

South Australia

, the Commonwealth

Commonwealth

and the Northern Territory

Northern Territory

The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...

. Those parties have argued that having separate rail safety

Safety

regulators in each jurisdiction is inefficient and costly for the rail industry, particularly cross border operators, and also for Governments.

Supporters of the proposal have also asserted that Australia’s regulatory system for rail needs to be modernised to reflect a national approach to transport policy planning and to support the safe, efficient and sustainable growth of the railway industry. It has also been suggested that the establishment of a national rail safety administration will "...deliver better rail safety outcomes for Australia, as it will draw on a national pool of knowledge and resources".

Advocates of the project have also suggested that the cost savings that might accrue as a result of more centralised rail safety laws and bureaucracy will result in better safety results because rail operators will use any monetary savings to improve their safety systems.

In addition, smaller jurisdictions generally see the rail safety regulation function as expensive and wish to shift costs to the Commonwealth Government. Concerns have also been expressed about the progress of harmonisation across Australia

Australia

, including since the approval of the national model Rail Safety Bill.

Criticism

The centralised regulator proposal has been opposed at times by New South Wales

New South Wales

, Victoria

Victoria (Australia)

and the Western Australian rail safety regulator who have pointed to a lack of quantitative or qualitative evidence of impacts of the current jurisdiction-based national system on operator costs, particularly in light of the predominance of intrastate urban

Urban area

An urban area is characterized by higher population density and vast human features in comparison to areas surrounding it. Urban areas may be cities, towns or conurbations, but the term is not commonly extended to rural settlements such as villages and hamlets.Urban areas are created and further...

rail movements in Australia

Australia

over interstate

Interstate

An Interstate is a type of high-speed, limited-access highway in the United StatesInterstate may also refer to:-Media:*Interstate 60 , a metaphysical comedy/drama road film...

movements. These jurisdictions have also pointed to the good performance of rail safety regulation in Australia in recent years which has seen long term trends point to reductions in deaths and injuries from rail operations. Agreement has been already been reached to excise the Melbourne tram system from the national proposal however Victoria and New South Wales in particular have indicated ongoing difficulties with ceding safety control over the large Melbourne and Sydney suburban rail systems to an entity located in Adelaide.

Some jurisdictions and stakeholders have contrasted the more decentralised regulatory position in other large rail federations, particularly the European Union

European Union

The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

and Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, where countries and provinces retain strong local control of rail safety

Safety

regulation

Regulation

and administration, especially in relation to urban and metro systems. Some concerns raised in this context have reflected on the lack of subsidiarity

Subsidiarity

Subsidiarity is an organizing principle that matters ought to be handled by the smallest, lowest or least centralized competent authority. The Oxford English Dictionary defines subsidiarity as the idea that a central authority should have a subsidiary function, performing only those tasks which...

consideration evident in the national proposal.

Concerns have also been expressed about the single mode aspect of the national centralisational proposal which would remove rail safety regulation

Regulation

from the New South Wales

New South Wales

and Victorian regulators. Critics argue that the national proposal militates against the contemporary integrated transport directions evident in these larger jurisdictions in recent years. These directions have seen transport safety regulators becoming increasingly multi modal and covering modes such as rail, tram, bus and maritime in the one agency as a way of sharing safety expertise, reducing duplication and minimising opportunties for regulatory capture

Regulatory capture

In economics, regulatory capture occurs when a state regulatory agency created to act in the public interest instead advances the commercial or special interests that dominate the industry or sector it is charged with regulating. Regulatory capture is a form of government failure, as it can act as...

. The national proposal would reverse this modern trend and create a single rail safety regulator.

Some stakeholders have criticised the safety credibility of the centralisation proposal observing that the proposal is more directed at economic benefits rather than safety

Safety

improvements and that, as a result, it has the potential to increase rail safety risks.
Several stakeholders have also raised the prospect of any new regulator becoming subject to regulatory capture

Regulatory capture

Current directions

The centralisation proposal remains unresolved although the current proposal suggests a start up date of 1 January 2013 for a new system which is still in evolution. Recent developments suggest that a centralised regulator will be established to takeover the rail safety regulation functions of a majority of jurisdictions but that the most populous jurisdictions such as New South Wales

New South Wales

and Victoria

Victoria (Australia)

and potentially other large rail States such as Queensland

Queensland

and Western Australia

Western Australia

may retain a local regulatory presence under service level agreements. Jurisdictions which choose to operate under service level agreements may do so through their existing regulators operating in conjunction with the Adelaide-based national regulation bureaucracy and under centrally determined policy

Policy

and operational directions.

External links

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Outline

Parts

Coverage

Duties

Accreditation scheme

Safety management systems

Compliance

Responsible regulator

Development

Regulatory scheme

Governance scheme

Parliamentary approval

Introduction

Debate, criticism and amendments

Passage, assent and commencement

Changes to the Act

National impact

2006 Model Bill

2008 centralisation proposal

Support

Criticism

Current directions

See also

External links