Rail Safety National Law (WA)

Western Australia Rail Safety National Law (WA) The Rail Safety National Law (as enacted by the Rail Safety National Law (South Australia) Act 2012 (South Australia) Schedule) is applied as a law of Western Australia by the Rail Safety National Law Application Act 2024 (the WA Application Act). Provisions of South Australian Acts that amend the Rail Safety National Law (the Law) also amend the Law as it applies in Western Australia where those amendments have effect and have commenced in Western Australia under sections 8 and 9 of the WA Application Act. This version is the Law as it applies in Western Australia as at the date specified below. It may be cited as the Rail Safety National Law (WA). Western Australia Rail Safety National Law (WA) Contents Part 1 — Preliminary 1 Short title 1 2 Commencement 1 3 Purpose, objects and guiding principles of Law 1 4 Interpretation 1 5 Interpretation generally 1 6 Declaration of substance to be drug 1 7 Railways to which this Law does not apply 1 8 Meaning of rail safety work 1 9 Single national entity 1 10 Extraterritorial operation of Law 1 11 Crown to be bound 1 Part 2 — Office of the National Rail Safety Regulator Division 1 — Establishment, functions, objectives, etc 12 Establishment 1 13 Functions and objectives 1 14 Independence of ONRSR 1 15 Powers 1 Division 2 — Office of the National Rail Safety Regulator Subdivision 1 — Constitution of ONRSR 16 Constitution of ONRSR 1 Subdivision 2 — National Rail Safety Regulator 17 Appointment of Regulator 1 18 Acting National Rail Safety Regulator 1 19 Functions of Regulator 1 20 Power of Regulator to obtain information 1 Subdivision 3 — Non‑executive members 21 Appointment of non‑executive members 1 Subdivision 4 — Miscellaneous provisions relating to membership 22 Vacancy in or removal from office 1 23 Member to give responsible Ministers notice of certain events 1 24 Extension of term of office during vacancy in membership 1 25 Members to act in public interest 1 26 Disclosure of conflict of interest 1 Division 3 — Procedures 27 Times and places of meetings 1 28 Conduct of meetings 1 29 Defects in appointment of members 1 30 Decisions without meetings 1 31 Common seal and execution of documents 1 Division 4 — Finance 32 Establishment of Fund 1 33 Payments into Fund 1 34 Payments out of Fund 1 35 Investment of money in Fund 1 36 Financial management duties of ONRSR 1 Division 5 — Staff 37 Chief executive 1 38 Staff 1 39 Secondments to ONRSR 1 40 Consultants and contractors 1 Division 6 — Miscellaneous 41 Regulator may be directed to investigate rail safety matter 1 42 National Rail Safety Register 1 43 Annual report 1 44 Other reporting requirements 1 45 Delegation 1 Part 3 — Regulation of rail safety Division 1 — Interpretation 46 Management of risks 1 47 Meaning of reasonably practicable 1 Division 2 — Occupational health and safety and railway operations 48 Relationship between this Law and OHS legislation 1 49 No double jeopardy 1 Division 3 — Rail safety duties Subdivision 1 — Principles 50 Principles of shared responsibility, accountability, integrated risk management, etc 1 51 Principles applying to rail safety duties 1 Subdivision 2 — Duties 52 Duties of rail transport operators 1 53 Duties of designers, manufacturers, suppliers etc 1 54 Duties of persons loading or unloading freight 1 55 Duty of officers to exercise due diligence 1 56 Duties of rail safety workers 1 Subdivision 3 — Offences and penalties 57 Meaning of safety duty 1 58 Failure to comply with safety duty — reckless conduct — Category 1 1 59 Failure to comply with safety duty — Category 2 1 60 Failure to comply with safety duty — Category 3 1 Division 4 — Accreditation Subdivision 1 — Purpose and requirement for accreditation 61 Purpose of accreditation 1 62 Accreditation required for railway operations 1 63 Purposes for which accreditation may be granted 1 Subdivision 2 — Procedures for granting accreditation 64 Application for accreditation 1 65 What applicant must demonstrate 1 66 Regulator may direct applicants to coordinate applications 1 67 Determination of application 1 Subdivision 3 — Variation of accreditation 68 Application for variation of accreditation 1 69 Determination of application for variation 1 70 Prescribed conditions and restrictions 1 71 Variation of conditions and restrictions 1 72 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of accreditation 73 Cancellation or suspension of accreditation 1 74 Immediate suspension of accreditation 1 75 Surrender of accreditation 1 Subdivision 5 — Miscellaneous 76 Annual fees 1 77 Waiver of fees 1 78 Penalty for breach of condition or restriction 1 79 Accreditation cannot be transferred or assigned 1 80 Sale or transfer of railway operations by accredited person 1 81 Keeping and making available records for public inspection 1 Division 5 — Registration of rail infrastructure managers of private sidings Subdivision 1 — Exemptions relating to certain private sidings 82 Exemption from accreditation in respect of certain private sidings 1 83 Requirement for managers of certain private sidings to be registered 1 Subdivision 2 — Procedures for granting registration 84 Application for registration 1 85 What applicant must demonstrate 1 86 Determination of application 1 Subdivision 3 — Variation of registration 87 Application for variation of registration 1 88 Determination of application for variation 1 89 Prescribed conditions and restrictions 1 90 Variation of conditions and restrictions 1 91 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of registration 92 Cancellation or suspension of registration 1 93 Immediate suspension of registration 1 94 Surrender of registration 1 Subdivision 5 — Miscellaneous 95 Annual fees 1 96 Waiver of fees 1 96A Annual activity statements 1 97 Registration cannot be transferred or assigned 1 98 Offences relating to registration 1 Division 6 — Safety management Subdivision 1 — Safety management systems 99 Safety management system 1 100 Conduct of assessments for identified risks 1 101 Compliance with safety management system 1 102 Review of safety management system 1 103 Safety performance reports 1 104 Regulator may direct amendment of safety management system 1 Subdivision 2 — Interface agreements 105 Requirements for and scope of interface agreements 1 106 Interface coordination — rail transport operators 1 107 Interface coordination — rail infrastructure and public roads 1 108 Interface coordination — rail infrastructure and private roads 1 109 Identification and assessment of risks 1 110 Regulator may give directions 1 111 Register of interface agreements 1 Subdivision 3 — Other safety plans and programs 112 Security management plan 1 113 Emergency management plan 1 114 Health and fitness management program 1 115 Drug and alcohol management program 1 116 Fatigue risk management program 1 Subdivision 4 — Provisions relating to rail safety workers 117 Assessment of competence 1 118 Identification of rail safety workers 1 Subdivision 5 — Other persons to comply with safety management system 119 Other persons to comply with safety management system 1 Division 7 — Information about rail safety etc 120 Power of Regulator to obtain information from rail transport operators 1 Division 8 — Investigating and reporting by rail transport operators 121 Notification of certain occurrences 1 122 Investigation of notifiable occurrences 1 Division 9 — Drug and alcohol testing by Regulator 122A Interpretation 1 123 Testing for presence of drugs or alcohol 1 124 Appointment of authorised persons 1 125 Identity cards 1 126 Authorised person may require preliminary breath test or breath analysis 1 127 Authorised person may require drug screening test, oral fluid analysis, urine test and blood test 1 127A Facilitation of testing 1 128 Offence relating to prescribed concentration of alcohol or prescribed drug 1 128A Offence to hinder or obstruct authorised person 1 128B Offence to assault, threaten or intimidate authorised person 1 128C Interfering or tampering with, or destroying, samples 1 129 Oral fluid, urine sample or blood sample or results of analysis etc not to be used for other purposes 1 Division 10 — Train safety recordings 130 Interpretation 1 131 Disclosure of train safety recordings 1 132 Admissibility of evidence of train safety recordings in civil proceedings 1 Division 11 — Audit of railway operations by Regulator 133 Audit of railway operations by Regulator 1 Part 4 — Securing compliance Division 1 — Guiding principle 134 Guiding principle 1 Division 2 — Rail safety officers 135 Appointment 1 136 Identity cards 1 137 Accountability of rail safety officers 1 138 Suspension and ending of appointment of rail safety officers 1 Division 3 — Regulator has functions and powers of rail safety officers 139 Regulator has functions and powers of rail safety officers 1 Division 4 — Functions and powers of rail safety officers 140 Functions and powers 1 141 Conditions on rail safety officers' powers 1 142 Rail safety officers subject to Regulator's directions 1 Division 5 — Powers relating to entry Subdivision 1 — General powers of entry 143 Powers of entry 1 144 Notification of entry 1 145 General powers on entry 1 146 Persons assisting rail safety officers 1 147 Use of electronic equipment 1 148 Use of equipment to examine or process things 1 149 Securing a site or rolling stock 1 Subdivision 2 — Search warrants 150 Search warrants 1 151 Announcement before entry on warrant 1 152 Copy of warrant to be given to person with control or management of place 1 Subdivision 3 — Limitation on entry powers 153 Places used for residential purposes 1 Subdivision 4 — Specific powers on entry 154 Power to require production of documents and answers to questions 1 155 Abrogation of privilege against self‑incrimination 1 156 Warning to be given 1 157 Power to copy and retain documents 1 Subdivision 5 — Powers to support seizure 158 Power to seize evidence etc 1 159 Directions relating to seizure 1 160 Rail safety officer may direct a thing's return 1 161 Receipt for seized things 1 162 Forfeiture of seized things 1 163 Return of seized things 1 164 Access to seized thing 1 Division 6 — Damage and compensation 165 Damage etc to be minimised 1 166 Rail safety officer to give notice of damage 1 167 Compensation 1 Division 7 — Other matters 168 Power to require name and address 1 168A Power to direct production of documents 1 169 Rail safety officer may take affidavits 1 170 Attendance of rail safety officer at inquiries 1 171 Directions may be given under more than 1 provision 1 Division 8 — Offences in relation to rail safety officers 172 Offence to hinder or obstruct rail safety officer 1 173 Offence to impersonate rail safety officer 1 174 Offence to assault, threaten or intimidate rail safety officer 1 Part 5 — Enforcement measures Division 1 — Improvement notices 175 Issue of improvement notices 1 176 Contents of improvement notices 1 177 Compliance with improvement notice 1 178 Extension of time for compliance with improvement notices 1 Division 2 — Prohibition notices 179 Issue of prohibition notice 1 180 Contents of prohibition notice 1 181 Compliance with prohibition notice 1 Division 3 — Non‑disturbance notices 182 Issue of non‑disturbance notice 1 183 Contents of non‑disturbance notice 1 184 Compliance with non‑disturbance notice 1 185 Issue of subsequent notices 1 Division 4 — General requirements applying to notices 186 Application of Division 1 187 Notice to be in writing 1 188 Directions in notices 1 189 Recommendations in notice 1 190 Variation or cancellation of notice by rail safety officer 1 191 Formal irregularities or defects in notice 1 192 Serving notices 1 Division 5 — Remedial action 193 When Regulator may carry out action 1 194 Power of Regulator to take other remedial action 1 195 Costs of remedial or other action 1 Division 6 — Injunctions 196 Application of Division 1 197 Injunctions for non‑compliance with notices 1 Division 7 — Miscellaneous 198 Response to certain reports 1 199 Power to require works to stop 1 200 Temporary closing of level crossings, bridges etc 1 201 Use of force 1 202 Power to use force against persons to be exercised only by police officers 1 Part 6 — Exemptions Division 1 — Ministerial exemptions 203 Ministerial exemptions 1 Division 1A — Exemptions granted by Regulator in event of emergency 203A Exemptions granted by Regulator in event of emergency 1 Division 2 — Exemptions granted by Regulator on application Subdivision 1 — Interpretation 204 Interpretation 1 Subdivision 2 — Procedures for conferring exemptions 205 Application for exemption 1 206 What applicant must demonstrate 1 207 Determination of application 1 Subdivision 3 — Variation of an exemption 208 Application for variation of an exemption 1 209 Determination of application for variation 1 210 Prescribed conditions and restrictions 1 211 Variation of conditions and restrictions 1 212 Regulator may make changes to conditions or restrictions 1 Subdivision 4 — Cancellation, suspension or surrender of an exemption 213 Cancellation or suspension of an exemption 1 213A Surrender of exemption 1 Subdivision 5 — Penalty for breach of condition or restriction 214 Penalty for breach of condition or restriction 1 Subdivision 6 — Waiver of fees 214A Waiver of fees 1 Part 7 — Review of decisions 215 Reviewable decisions 1 216 Review by Regulator 1 217 Appeals 1 Part 8 — General liability and evidentiary provisions Division 1 — Legal proceedings Subdivision 1 — General matters 218 Period within which proceedings for offences may be commenced 1 219 Multiple contraventions of rail safety duty provision 1 220 Authority to take proceedings 1 Subdivision 2 — Imputing conduct to bodies corporate 221 Imputing conduct to bodies corporate 1 Subdivision 3 — Records and evidence 222 Records and evidence from records 1 223 Certificate evidence 1 224 Proof of appointments and signatures unnecessary 1 Division 2 — Discrimination against employees 225 Dismissal or other victimisation of employee 1 Division 3 — Offences 226 Offence to give false or misleading information 1 227 Not to interfere with train, tram etc 1 228 Applying brake or emergency device 1 229 Stopping a train or tram 1 Division 4 — Court‑based sanctions 230 Commercial benefits order 1 231 Supervisory intervention order 1 232 Exclusion orders 1 Part 9 — Infringement notices 233 Meaning of infringement penalty provision 1 234 Power to serve notice 1 235 Form of notice 1 236 Regulator cannot institute proceedings while infringement notice on foot 1 237 Late payment of penalty 1 238 Withdrawal of notice 1 239 Refund of infringement penalty 1 240 Payment expiates breach of infringement penalty provision 1 241 Payment not to have certain consequences 1 242 Conduct in breach of more than 1 infringement penalty provision 1 Part 10 — General Division 1 — Delegation by Minister 243 Delegation by Minister 1 Division 2 — Confidentiality of information 244 Confidentiality of information 1 Division 3 — Law does not affect legal professional privilege 245 Law does not affect legal professional privilege 1 Division 4 — Civil liability 246 Civil liability not affected by Part 3 Division 3 or Division 6 1 247 Protection from personal liability for persons exercising functions 1 248 Immunity for reporting unfit rail safety worker 1 Division 5 — Codes of practice 249 Approved codes of practice 1 250 Use of codes of practice in proceedings 1 Division 6 — Enforceable voluntary undertakings 251 Enforceable voluntary undertaking 1 252 Notice of decisions and reasons for decision 1 253 When a rail safety undertaking is enforceable 1 254 Compliance with rail safety undertaking 1 255 Contravention of rail safety undertaking 1 256 Withdrawal or variation of rail safety undertaking 1 257 Proceedings for alleged contravention 1 Division 7 — Other matters 258 Service of documents 1 259 Recovery of certain costs 1 260 Recovery of amounts due 1 260A Payment of portion of fines to ONRSR 1 261 Compliance with conditions of accreditation or registration 1 262 Contracting out prohibited 1 Division 8 — Application of certain South Australian Acts to this Law 263 Application of certain South Australian Acts to this Law 1 Division 9 — National regulations 264 National regulations 1 265 Publication of national regulations 1 Schedule 1 — National regulations Schedule 2 — Miscellaneous provisions relating to interpretation Part 1 — Preliminary 1 Displacement of Schedule by contrary intention 1 Part 2 — General 2 Law to be construed not to exceed legislative power of Parliament 1 3 Every section to be a substantive enactment 1 4 Material that is, and is not, part of this Law 1 5 References to particular Acts and to enactments 1 6 References taken to be included in Law or Act citation etc 1 7 Interpretation best achieving Law's purpose or object 1 8 Use of extrinsic material in interpretation 1 9 Effect of change of drafting practice 1 10 Use of examples 1 11 Compliance with forms 1 Part 3 — Terms and references 12 Definitions 1 13 Provisions relating to defined terms and gender and number 1 14 Meaning of may and must etc 1 15 Words and expressions used in statutory instruments 1 15A Provisions creating offences 1 16 Effect of express references to bodies corporate and individuals 1 17 Production of records kept in computers etc 1 18 References to this jurisdiction to be implied 1 19 References to officers and holders of offices 1 20 Reference to certain provisions of Law 1 21 Reference to provisions of this Law or an Act is inclusive 1 Part 4 — Functions and powers 22 Exercise of statutory functions 1 23 Power to make instrument or decision includes power to amend or repeal 1 24 Matters for which statutory instruments may make provision 1 25 Presumption of validity and power to make 1 26 Appointments may be made by name or office 1 27 Acting appointments 1 28 Powers of appointment imply certain incidental powers 1 29 Delegation of functions 1 30 Exercise of powers between enactment and commencement 1 Part 5 — Distance, time and age 31 Matters relating to distance, time and age 1 Part 6 — Effect of repeal, amendment or expiration 32 Time of Law ceasing to have effect 1 33 Repealed provisions not revived 1 34 Saving of operation of repealed Law provisions 1 35 Continuance of repealed provisions 1 36 Law and amending Acts to be read as one 1 Part 7 — Instruments under Law 37 Schedule applies to statutory instruments 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Rail Safety National Law (WA)