Rail Safety National Regulations (WA)

Western Australia Rail Safety National Regulations (WA) The Rail Safety National Regulations (as made under section 264 of the Rail Safety National Law) are applied as regulations of Western Australia under the Rail Safety National Law Application Act 2024 (the WA Application Act) section 12. Provisions of South Australian legislation that amend the Rail Safety National Regulations also amend these regulations as they apply in Western Australia subject to the WA Application Act sections 13, 14 and 16. This version is the Rail Safety National Regulations as they apply in Western Australia as at the date specified below. They may be cited as the Rail Safety National Regulations (WA). Western Australia Rail Safety National Regulations (WA) Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Interpretation 1 4. Definition of occupational health and safety legislation 1 5. Declaration of drug 1 6. Meaning of prescribed notifiable occurrence 1 7. Railways to which Law does or does not apply 1 Part 1A — Annual report provisions 7A. Application 1 7B. Auditors 1 7C. Financial statements 1 7D. Auditor not subject to direction 1 Part 2 — Accreditation 8. Application for accreditation 1 9. Prescribed conditions and restrictions 1 10. Prescribed details for required notification 1 11. Application for variation of accreditation 1 Part 3 — Registration of rail infrastructure managers of private sidings 12. Application for registration 1 13. Prescribed conditions and restrictions 1 14. Prescribed details for required notification 1 15. Application for variation of registration 1 Part 4 — Safety management Division 1 — Safety management systems 16. Prescribed requirements for safety management system 1 17. Review of safety management system 1 Division 2 — Security management plans 18. Security management plan 1 Division 3 — Emergency management plans 19. Emergency management plan 1 20. Keeping, maintaining and testing emergency management plan 1 Division 4 — Network rules 21. Interpretation 1 22. Establishing and amending network rules 1 23. Emergency amendments to network rules 1 Division 5 — Interface agreements 24. Interface coordination — rail infrastructure and public roads 1 25. Interface coordination — rail infrastructure and private roads 1 Division 6 — Disclosure of train safety recordings 26. Disclosure of train safety recordings 1 Part 5 — Rail safety workers 27. Health and fitness management program 1 28. Drug and alcohol management program 1 29. Fatigue risk management program 1 30. Records of competence 1 Part 6 — Exemptions granted by Regulator 31. Application for exemption 1 32. Prescribed details for required notification 1 33. Application for variation of an exemption 1 Part 7 — Infringement penalty provisions 34. Infringement penalty provisions 1 Part 8 — Application of certain South Australian Acts to the Law Division 1 — Application of South Australian FOI Act 35. Interpretation 1 36. Application of FOI Act 1 37. Modifications of FOI Act for purposes of national rail safety scheme 1 38. Conferral of jurisdiction on District Court of South Australia 1 39. Modification of Freedom of Information (Fees and Charges) Regulations 1 40. Disapplication of other regulations 1 Division 2 — Application of South Australian Ombudsman Act 41. Interpretation 1 42. Application of Ombudsman Act 1 43. Modifications of Ombudsman Act for purposes of national rail safety scheme 1 44. Conferral of function on Ombudsman of South Australia 1 45. Conferral of jurisdiction on Supreme Court of South Australia 1 Division 3 — Application of South Australian Public Finance and Audit Act 46. Interpretation 1 47. Application of Public Finance and Audit Act 1 48. Modifications of PFA Act for purposes of national rail safety scheme 1 49. Conferral of function on Auditor General of South Australia 1 50. Conferral of jurisdiction on Supreme Court of South Australia 1 51. Disapplication of regulations 1 Division 4 — Application of South Australian State Records Act 52. Interpretation 1 53. Application of State Records Act 1 54. Modifications of State Records Act for purposes of national rail safety scheme 1 55. Conferral of functions on South Australian Manager and Council 1 Part 9 — Miscellaneous 56. Periodic information to be supplied monthly 1 56A. Periodic information to be supplied annually 1 57. Reporting of notifiable occurrences 1 58. Fees 1 Schedule 1 — Content of safety management system 1. Interpretation 1 2. Safety policy 1 3. Safety culture 1 4. Governance and internal control arrangements 1 5. Management, responsibilities, accountabilities and authorities 1 6. Regulatory compliance 1 7. Document control arrangements and information management 1 8. Review of the safety management system 1 9. Safety performance measures 1 10. Safety audit arrangements 1 11. Corrective action 1 12. Management of change 1 13. Consultation 1 14. Internal communication 1 15. Training and instruction 1 16. Risk management 1 17. Human factors 1 18. Procurement and contract management 1 19. General engineering and operational systems safety requirements 1 20. Process control 1 21. Asset management 1 22. Safety interface coordination 1 23. Management of notifiable occurrences 1 24. Rail safety worker competence 1 25. Security management 1 26. Emergency management 1 27. Health and fitness 1 28. Drugs and alcohol 1 29. Fatigue risk management 1 30. Resource availability 1 Schedule 1A — Notifiable occurrences Part 1 — Category A notifiable occurrences 1. Collisions and near hits 1 2. Derailment 1 3. Wrong side failure 1 4. Proceed authority exceeded 1 5. Rolling stock runaway 1 6. Fire, explosion or dangerous goods spill 1 7. Breach of network rules or procedures 1 8. Load irregularity 1 9. Rolling stock irregularity (including monitoring systems) 1 10. Track irregularity 1 11. Civil infrastructure irregularity 1 12. Electrical traction irregularity 1 13. Incidents at person and train interfaces 1 14. Other incidents or accidents involving serious injury or fatality 1 15. Other incidents or accidents directly threatening rail safety 1 Part 2 — Category B notifiable occurrences 16. Collisions and near hits 1 17. Derailment 1 18. Proceed authority exceeded 1 19. Rolling stock runaway 1 20. Fire, explosion or spill of dangerous goods 1 21. Breach of network rules or procedures 1 22. Rolling stock irregularity (including monitoring systems) 1 23. Track irregularity 1 24. Other incidents or accidents involving serious injury or fatality 1 Part 3 — Category C notifiable occurrences 25. Collisions and near hits 1 26. Proceed authority exceeded 1 27. Rolling stock runaway 1 28. Breach of network rules or procedures 1 29. Load irregularity 1 30. Rolling stock irregularity (including monitoring systems) 1 31. Level crossing irregularity 1 32. Track irregularity 1 33. Civil infrastructure irregularity 1 34. Electrical traction irregularity 1 35. Incidents at person and train interfaces 1 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 1 2. Working hours for rail safety workers driving freight trains 1 3. Working hours for rail safety worker driving passenger train — single manning operation 1 4. Working hours for rail safety worker driving passenger train — 2 person operation 1 5. Train drivers who are transported to home depot or rest place 1 6. Emergencies and accidents 1 Part 2 — Queensland requirements 7. Interpretation 1 8. Working hours for rail safety workers driving freight trains 1 9. Working hours for rail safety worker driving passenger trains 1 10. Train drivers who are transported to home depot or rest place 1 11. Emergencies and accidents 1 Schedule 3 — Fees Part 1 — Application fees Part 2 — Annual fees 1. Annual fees 1 Notes Compilation table 1 Other notes 1 Defined terms Rail Safety National Law (WA) Rail Safety National Law Application Act 2024 Rail Safety National Regulations (WA)