Junee Railway Workshop Pty Ltd v Independent Transport Safety and Reliability Regulator [2006] NSWADT 184

CITATION: Junee Railway Workshop Pty Ltd v Independent Transport Safety and Reliability Regulator [2006] NSWADT 184

DIVISION: General Division

APPLICANT PARTIES: Junee Railway Workshop Pty Ltd RESPONDENT Independent Transport Safety and Reliability Regulator

FILE NUMBER: 063119

HEARING DATES: 17/03/06

SUBMISSIONS CLOSED: 03/17/2006

EXTEMPORE DECISION DATE: 03/17/2006

DATE OF DECISION: 06/16/2006

BEFORE: O'Connor K - DCJ (President)

CATCHWORDS: Stay of Prohibition Notice

MATTER FOR DECISION: Principal matter

CASES CITED: Doyle v Commissioner of Police [1999] NSWADT 84

APPLICANT N Williams SC instructed by Watson Mangioni Lawyers REPRESENTATION: RESPONDENT S Thompson, solicitor, Sparke Helmore Solicitors

ORDERS: 1. Pursuant to section 57 of the Rail Safety Act 2002 (NSW), Prohibition Notice A28114 issued on 15 March 2006 by the Respondent to the Applicant is stayed until 31 March 2006; 2. Order 1 is granted subject to the following undertakings given by the Applicant in relation to all rolling stock movements to, from or within the Applicant's site at the Junee Roundhouse in Junee, New South Wales (the "Site"), for the period the stay is in force:; (a) prior to each proposed movement to, from or within the Site, a movement plan and risk assessment of the proposed movement shall be conducted by the Applicant's general manager, Mr Andrew Clinton, the Applicant's Workshop foreman, Mr Gordon Groves and the individual personnel involved in the proposed movement;; (b) the movement plan and risk assessment in (a) shall be documented and recorded in a register of temporary movements;; (c) the movement plan and risk assessment shall confirm the proposed path of movement is free of any obstacles or interferences;; (d) the risk assessment shall confirm that the points along the proposed path are set in the correct position for the proposed movement;; (e) each of the participants in the proposed movement shall have the authority to call for the immediate cessation of the proposed movement;; (f) the movement shall be conducted in accordance with the movement plan and risk assessment;; (g) if any persons other than Mr Andrew Clinton, Mr Gordon Groves and the individual personnel involved in the proposed movement come within 10 metres of the path of the proposed movement, the movement shall be immediately stopped until the area is clear;; (h) a copy of the risk assessment shall be sent to the Respondent together with a report as to the outcome of the movement;; (i) in addition, in relation to movements in and out of the Site, the Australian Rail Track Corporation is to be given a copy of the movement plan and risk assessment prior to the movement occurring; and; (j) all operators of rolling stock from, to and within the Site and all persons working within the Site are to be made aware of the procedures set out in (a)-(i) above; 3. The reference to rolling stock movements in order 2 above includes any movement occurring wholly within the Site that does not cross the boundary between Australian Rail Track Corporation's infrastructure and the Site, as well as movements across that boundary; 4. The parties have liberty to apply.