Rail Safety National Law (NSW)

Rail Safety National Law (NSW) No 82a of 2012

Editorial note— The Rail Safety National Law is applied (with modifications) as a law of NSW by the NSW Rail Safety (Adoption of National Law) Act 2012. This version is the Law as it applies in NSW.

Part 1 Preliminary

1 Short title This Law may be cited as the Rail Safety National Law (NSW).

2 Commencement This Law commences in a participating jurisdiction as provided by the application Act of the jurisdiction.

3 Purpose, objects and guiding principles of Law (1) The main purpose of this Law is to provide for safe railway operations in Australia. (2) The objects of this Law are— (a) to establish the Office of the National Rail Safety Regulator (the ONRSR); and (b) to make provision for the appointment, functions and powers of the National Rail Safety Regulator (the Regulator); and (c) to make provision for a national system of rail safety, including by providing a scheme for national accreditation of rail transport operators in respect of railway operations; and (d) to provide for the effective management of safety risks associated with railway operations; and (e) to provide for the safe carrying out of railway operations; and (f) to provide for continuous improvement of the safe carrying out of railway operations; and (g) to make special provision for the control of particular risks arising from railway operations; and (h) to promote public confidence in the safety of transport of persons or freight by rail; and (i) to promote the provision of advice, information, education and training for safe railway operations; and (j) to promote the effective involvement of relevant stakeholders, through consultation and cooperation, in the provision of safe railway operations. (3) The guiding principles under this Law are— (a) to assist rail transport operators to achieve productivity by the provision of a national scheme for rail safety; and (b) to operate the national scheme in a timely, transparent, accountable, efficient, effective, consistent and fair way; and (c) that fees required to be paid for the provision of the national scheme are to be reasonable having regard to the efficient and effective operation of the scheme. (4) The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.