Accreditation
What is accreditation?
The Rail Safety Act 2008 requires NSW rail transport operators to be accredited by ITSRR or exempt from the requirement to be accredited under the Act. Whilst ITSRR only accredits operators in NSW the introduction of national model legislation and guidelines has resulted in greater consistency of accreditation requirements across Australia.
The granting of accreditation indicates that a rail transport operator has demonstrated it has the competence and capacity to manage the risks to safety associated with the railway operations for which it is accredited.
For an applicant to be granted accreditation, ITSRR must be satisfied that the applicant has demonstrated that it has:
- effective management and control of rail infrastructure of a railway and/or the effective management and control of the movement or operation of rolling stock on rail infrastructure for a particular railway;
- the competence and capacity to manage risks to safety associated with the railway operations for which accreditation is sought;
- the competence and capacity to implement the proposed safety management system;
- met the consultation requirements of the Rail Safety Act 2008 in relation to its safety management system; and
- the financial capacity, or public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations.
Who can be accredited?
All rail transport operators must be accredited or, be exempt from the requirement to be accredited under the Rail Safety Act 2008, before they may carry out railway operations, or cause or permit railway operations to be carried out on their behalf.
“Rail transport operator” means:
- a rail infrastructure manager; or
- a rolling stock operator; or
- a person who is both a rail infrastructure manager and a rolling stock operator.
A rail infrastructure manager is the person who has effective management and control of the rail infrastructure of a railway, whether or not the person:
- owns the rail infrastructure; or
- has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it.
A rolling stock manager is a person who has effective management and control of the operation or movement of rolling stock on rail infrastructure for a particular railway. It does not include a person merely because they drive the rolling stock or control the network or the network’s signals.
“Railway operations” include:
- the construction of a railway, railway tracks and associated track structures or rolling stock;
- the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;
- the commissioning, maintenance, repair, modification or decommissioning of rolling stock;
- the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure); or
- the movement, or causing the movement, of rolling stock for the purposes of operating a railway service.
The rail infrastructure manager of a private siding is exempt from the requirement to be accredited in respect of railway operations carried out in the private siding, with the exception of those involving the operation of rolling stock. However, if the rail infrastructure manager wants the private siding to be (or continue to be) connected with, or have access to, a railway of an accredited person, the rail infrastructure manager must comply with the requirements of section 60(2) of the Rail Safety Act 2008.
In addition, the Rail Safety Act 2008 provides that the regulations may exempt or provide for the exemption of any person, class of person, siding, railway, part of a railway or railway operation from all or any of the provisions of the Act or regulations, either absolutely or subject to conditions.
What are the obligations of an accredited rail transport operator?
An accredited rail transport must:
- pay an annual accreditation fee and submit an annual safety performance report to ITSRR;
- comply with the conditions and restrictions that apply to the accreditation; and
- comply with the requirements of the Rail Safety Act 2008 and regulations.
Failure to comply with conditions and restrictions of accreditation and legislative requirements may result in enforcement action being taken by ITSRR.
How are applications for accreditation made?
To apply for accreditation, a rail transport operator must complete an application form in accordance with the supporting guidance and submit it to ITSRR. An application fee of $1000 for heritage operators or $10,000 for other rail transport operators applies.
ITSRR will review the application (in conjunction with the rail safety regulator/s of other jurisdictions where appropriate) and conduct an audit to determine whether the applicant satisfies the requirements for accreditation. The audit will involve an assessment of the operator’s proposed safety management system.
ITSRR will formally advise the applicant of its decision on the application for accreditation. It will provide the reasons for any conditions or restrictions imposed on the accreditation if granted, or the reason for refusal if the accreditation is not granted and will also provide information on the applicant’s right of review.
If the applicant is already accredited under corresponding legislation as a railway operator in another State or Territory, ITSRR may waive compliance with some or all accreditation application requirements. A waiver of compliance with some, or all, of the application requirements may also be granted if the applicant has acquired railway operations which were accredited under the previous owner or operator.
Rail transport operators interested in applying for an exemption from some, or all, of the accreditation application requirements should contact ITSRR before preparing their application.
When should an application for accreditation be made?
Rail transport operators must apply for accreditation (or be exempt from the requirement to be accredited under the Act) before they commence undertaking railway operations.
Rail Transport Operators who are currently accredited under the Rail Safety Act 2002 do not need to reapply for accreditation under Rail Safety Act 2008, but will be issued with a new notice of accreditation in the months after the 2008 Act has commenced. Existing notices of accreditation will continue to apply until the new notices have been issued. Any current conditions and/or restrictions of accreditation and outstanding statutory notices will be carried over to the new notice of accreditation.
Accreditation is granted for an unlimited period of time. However, applicants may apply for accreditation for a limited period of time if they wish.
The time taken to process an accreditation application depends largely on the scope and nature of railway operations and the completeness of the application.
Applicants are encouraged to discuss the accreditation application process with ITSRR before they lodge an application. This helps reduce delays due to incomplete or inadequate applications.
List of NSW Accredited Operators.
Related fact sheets: