Rail Safety National Law National Regulations 2012 (SA)

South Australia Rail Safety National Law National Regulations 2012 under the Rail Safety National Law (South Australia) Act 2012

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Definition of occupational health and safety legislation 5 Declaration of drug 6 Meaning of prescribed notifiable occurrence 7 Railways to which Law does or does not apply Part 1A—Annual report provisions 7A Application 7B Auditors 7C Financial statements 7D Auditor not subject to direction Part 2—Accreditation 8 Application for accreditation 9 Prescribed conditions and restrictions 10 Prescribed details for required notification 11 Application for variation of accreditation Part 3—Registration of rail infrastructure managers of private sidings 12 Application for registration 13 Prescribed conditions and restrictions 14 Prescribed details for required notification 15 Application for variation of registration Part 4—Safety management Division 1—Safety management systems 16 Prescribed requirements for safety management system 17 Review of safety management system Division 2—Security management plans 18 Security management plan Division 3—Emergency management plans 19 Emergency management plan 20 Keeping, maintaining and testing emergency management plan Division 4—Network rules 21 Interpretation 22 Establishing and amending network rules 23 Emergency amendments to network rules Division 5—Interface agreements 24 Interface coordination—rail infrastructure and public roads 25 Interface coordination—rail infrastructure and private roads Division 6—Disclosure of train safety recordings 26 Disclosure of train safety recordings Part 5—Rail safety workers 27 Health and fitness management program 28 Drug and alcohol management program 29 Fatigue risk management program 30 Records of competence Part 6—Exemptions granted by Regulator 31 Application for exemption 32 Prescribed details for required notification 33 Application for variation of an exemption Part 7—Infringement penalty provisions 34 Infringement penalty provisions Part 8—Application of certain South Australian Acts to the Law Division 1—Application of South Australian FOI Act 35 Interpretation 36 Application of FOI Act 37 Modifications of FOI Act for purposes of national rail safety scheme 38 Conferral of jurisdiction on District Court of South Australia 39 Modification of Freedom of Information (Fees and Charges) Regulations 40 Disapplication of other regulations Division 2—Application of South Australian Ombudsman Act 41 Interpretation 42 Application of Ombudsman Act 43 Modifications of Ombudsman Act for purposes of national rail safety scheme 44 Conferral of function on Ombudsman of South Australia 45 Conferral of jurisdiction on Supreme Court of South Australia Division 3—Application of South Australian Public Finance and Audit Act 46 Interpretation 47 Application of Public Finance and Audit Act 48 Modifications of PFA Act for purposes of national rail safety scheme 49 Conferral of function on Auditor‑General of South Australia 50 Conferral of jurisdiction on Supreme Court of South Australia 51 Disapplication of regulations Division 4—Application of South Australian State Records Act 52 Interpretation 53 Application of State Records Act 54 Modifications of State Records Act for purposes of national rail safety scheme 55 Conferral of functions on South Australian Manager and Council Part 9—Miscellaneous 56 Periodic information to be supplied monthly 56A Periodic information to be supplied annually 57 Reporting of notifiable occurrences 58 Fees Schedule 1—Content of safety management system 1 Interpretation 2 Safety policy 3 Safety culture 4 Governance and internal control arrangements 5 Management, responsibilities, accountabilities and authorities 6 Regulatory compliance 7 Document control arrangements and information management 8 Review of the safety management system 9 Safety performance measures 10 Safety audit arrangements 11 Corrective action 12 Management of change 13 Consultation 14 Internal communication 15 Training and instruction 16 Risk management 17 Human factors 18 Procurement and contract management 19 General engineering and operational systems safety requirements 20 Process control 21 Asset management 22 Safety interface coordination 23 Management of notifiable occurrences 24 Rail safety worker competence 25 Security management 26 Emergency management 27 Health and fitness 28 Drugs and alcohol 29 Fatigue risk management 30 Resource availability Schedule 1A—Notifiable occurrences Part 1—Category A notifiable occurrences 1 Collisions and near hits 2 Derailment 3 Wrong side failure 4 Proceed authority exceeded 5 Rolling stock runaway 6 Fire, explosion or dangerous goods spill 7 Breach of network rules or procedures 8 Load irregularity 9 Rolling stock irregularity (including monitoring systems) 10 Track irregularity 11 Civil infrastructure irregularity 12 Electrical traction irregularity 13 Incidents at person and train interfaces 14 Other incidents or accidents involving serious injury or fatality 15 Other incidents or accidents directly threatening rail safety Part 2—Category B notifiable occurrences 16 Collisions and near hits 17 Derailment 18 Proceed authority exceeded 19 Rolling stock runaway 20 Fire, explosion or spill of dangerous goods 21 Breach of network rules or procedures 22 Rolling stock irregularity (including monitoring systems) 23 Track irregularity 24 Other incidents or accidents involving serious injury or fatality Part 3—Category C notifiable occurrences 25 Collisions and near hits 26 Proceed authority exceeded 27 Rolling stock runaway 28 Breach of network rules or procedures 29 Load irregularity 30 Rolling stock irregularity (including monitoring systems) 31 Level crossing irregularity 32 Track irregularity 33 Civil infrastructure irregularity 34 Electrical traction irregularity 35 Incidents at person and train interfaces Schedule 2—Special fatigue management program requirements in respect of certain rail safety work carried out within certain participating jurisdictions Part 1—New South Wales requirements 1 Interpretation 2 Working hours for rail safety workers driving freight trains 3 Working hours for rail safety worker driving passenger train—single manning operation 4 Working hours for rail safety worker driving passenger train—2 person operation 5 Train drivers who are transported to home depot or rest place 6 Emergencies and accidents Part 2—Queensland requirements 7 Interpretation 8 Working hours for rail safety workers driving freight trains 9 Working hours for rail safety worker driving passenger trains 10 Train drivers who are transported to home depot or rest place 11 Emergencies and accidents Schedule 3—Fees Part 1—Application fees Part 2—Annual fees 1 Annual fees Legislative history