New South Wales Government Independent Transport Safety and Reliability Regulator

safe and reliable transport in New South Wales

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5. ITSRR’s role in investigations

ITSRR’s role in investigations

When does ITSRR investigate rail accidents and incidents?

ITSRR investigates accidents and incidents that have some impact on the NSW rail network and public safety. ITSRR also investigates safety occurrences that could potentially have occurred as a result of a breach of the NSW rail safety legislation.

As such, ITSRR is limited to investigating accidents or incidents that occur in NSW or have a sufficient connection with this jurisdiction (such as those involving a rail transport operator that is accredited in NSW).

ITSRR considers the following conditions when deciding whether to investigate an occurrence:

Severity – has the incident caused a death or serious injury to rail safety workers or the public?

Damage – was extensive damage caused to rolling stock, rail infrastructure or property?

Dangerous goods – did the incident cause the spill or release of dangerous goods in transit?

Evidence of a breach – is there evidence of a breach to the Rail Safety Act 2008?

Safety trend – is there an apparent trend in poor safety management?

In deciding whether to investigate, ITSRR uses information supplied by accredited rail transport operators who are responsible for notifying all emergencies, accidents or incidents involving infrastructure, rolling stock or property.

See Notification of Occurrences fact sheet for more information.

How do ITSRR’s investigations differ from other agencies?

Depending on the nature of the incident, a number of agencies may investigate. The following table outlines the main differences in investigations conducted by these agencies.

	Purpose	Outcome
ITSRR	Determine any non-compliance with the Rail Safety Act 2008 or conditions of the rail transport operator’s accreditation Also to identify safety issues	Safety improvement through measures such as improvement or prohibition notices Prosecution of major breaches
WorkCover	Discover breaches of Occupational Health & Safety laws by state-insured operators	Safety improvement Prosecution and fines
Comcare	Discover breaches of OH&S laws by federally-insured operators	Safety improvement Prosecution and fines
Office of Transport Safety Investigations (OTSI)	Learn lessons finding preventable causes of accidents a ‘just culture’ approach	Prevention of future incidents of similar type
Australian Transport Safety Bureau (ATSB)	As above for operators on the Defined Interstate Rail Network (DIRN)	Prevention of future incidents of similar type
NSW Police	Identify criminal activity Investigate cause of death (on behalf of Coroner)	Criminal charges and prosecution