Accreditation Variations
When are accredited rail transport operators required to apply for variations to accreditation?
Rail transport operators must apply for variation to accreditation when they propose to make a change to the railway operations they undertake, and the new or altered railway operations are:
- not covered by their existing accreditation; and
- will not be undertaken for, or on behalf of, another rail transport operator who is accredited, or exempt from the requirement to be accredited, in relation to those railway operations.
Accredited rail transport operators may also apply to vary their accreditation if they want a condition or restriction attached to their accreditation changed or removed.
It is an offence for any person to undertake railway operations unless they are:
- a rail transport operator who is accredited in relation to those railway operations;
- a rail transport operator or person who is exempt from the requirement to be accredited in relation to those railway operations; or
- undertaking the railway operations on behalf of a rail transport operator who is accredited or exempt from the requirement to be accredited for those railway operations.
Do rail transport operators need apply for variations to accreditation for all changes to their railway operations?
Not all proposed changes to railway operations will require the rail transport operator to apply for a variation to accreditation but the operator may need to notify ITSRR of the proposed change if they do not need to apply for a variation.
A rail transport operator who is proposing to change the railway operations they undertake will need to determine whether a variation to accreditation is required. If you are not sure, contact ITSRR for advice.
What should be included in an application for variation to accreditation?
Under the Rail Safety (General) Regulation 2008, an application for variation to accreditation must contain:
- the applicant’s name, registered business name, trading name if different to the registered business name, ACN or ABN if applicable, and residential address or, in the case of a corporation, the address of the registered office or a principal office of a corporation;
- the name and contact details of a person who has been appointed by the applicant to deal with any queries that the ITSRR may have in relation to the application;
- details of the scope and nature of the proposed variation;
- details of the changes that will be made to the applicant’s safety management system if the proposed variation occurs;
- details of any consultation that has occurred with parties who might be affected by the proposed variation including:
- who was consulted;
- when and how the consultation occurred; and
- the results of the consultation; and
- evidence to demonstrate that the applicant has the competence and capacity to manage the risks to safety associated with the proposed variation.
- within 6 months of receiving the application; or
- if ITSRR requested further information, within 6 months of receiving that information; or
- within another longer period notified to the applicant in writing before the end of the relevant 6 month period.
How do I lodge an application for variation to accreditation?
An application for variation of accreditation must be made on the accreditation application form and submitted to ITSRR by post, fax or email.
There is no fee for an application for variation of an accreditation.
What happens to applications for variation once they are lodged?
Once an application for variation is received by ITSRR it is acknowledged in writing. The acknowledgement letter includes the name and contact details of the ITSRR officer who is handling the application.
The application and supporting information is then reviewed for completeness. If no further information is required, the application is assessed.
The objective of the assessment process is to determine whether the applicant has satisfied the requirements of accreditation in respect of the proposed change to railway operations.
The assessment process will vary according to the magnitude of the proposed change and may include review of documentation, site visits and inspections, and meetings between ITSRR and the accredited operator.
The length of time required to complete the assessment depends on a range of factors including the nature of the application, and the volume of applications received. However, ITSRR must provide an applicant for variation to accreditation with notice of the outcome:
How will I know if the application is approved?
Once the application is determined, ITSRR will notify the applicant in writing. If the application is approved (or “granted”), a formal notice of variation of accreditation is provided.
ITSRR may impose conditions or restrictions when granting a variation to accreditation. These will be included in the notice of variation of accreditation.
What if an application is refused?
If the application is refused ITSRR must notify the applicant in writing of the reasons why and advise them of their right to have the decision reviewed.
What if the applicant is not satisfied with the outcome of their application?
If the applicant is not satisfied with ITSRR’s decision in relation to their application for variation to accreditation, they may apply to ITSRR for an internal review.
If this does not resolve the applicant’s concerns, they may apply to the NSW Administrative Decisions Tribunal for an independent review of ITSRR’s decision.
An applicant may also apply to the NSW Administrative Decisions Tribunal for review if ITSRR fails to determine the application within the required timeframe.