Compliance with the Rail Safety Act 2008
Who has obligations under the Rail Safety Act 2008?
Duty holders under the Rail Safety Act 2008 include:
- rail transport operators including rail infrastructure managers, rolling stock operators and those who are both rail infrastructure managers and rolling stock operators
- other persons carrying out railway operations
- persons who design, commission, manufacture, supply, install or erect any thing to be used as, or in connection with, rail infrastructure or rolling stock
- rail safety workers
- roads authorities.
- advice, education and training
- non-conformances
- improvement notices
- prohibition notices
- directions to accredited operators to amend their safety management system
- penalty notices
- enforceable voluntary undertakings
- variation of accreditation or conditions or restriction on accreditation
- prosecution
- suspension or revocation of accreditation.
- providing information to duty holders about the requirements of rail safety legislation
- conducting audits of accredited rail transport operators and persons carrying out railway operations on their behalf
- conducting compliance inspections and investigations to assess compliance with rail safety duties and obligations
- enforcing rail safety duties and obligations through their powers to issue improvement, prohibition and penalty notices.
- Investigation powers including powers of entry for compliance and investigative purposes which include audit, inspection and investigation.
- Enforcement powers including powers to:
- search a place, and any rail infrastructure, rolling stock, motor vehicle or other thing at the place
- take, retain and make copies of documents
- use and operate equipment to access information or examine things
- secure a site to protect evidence that might be relevant for compliance and investigative purposes or ensuring safety
- seize things and issue embargo notices.
- Powers to issue directions, including powers to:
- issue directions to give information or documents
- obtain information, documents and evidence.
- Powers to issue improvement, prohibition and penalty notices.
How does ITSRR monitor the compliance of duty holders?
ITSRR monitors the compliance of all duty holders with the requirements of the Rail Safety Act 2008 through compliance inspections and investigations. It also audits accredited rail transport operators and persons carrying out railway operations on their behalf.
What options are available to ITSRR to achieve compliance with the rail safety legislation?
Consistent with the National Rail Safety Guideline for Compliance and Enforcement for Rail Safety, ITSRR takes a graduated approach to managing compliance by employing the following regulatory and non-regulatory actions in a considered, fair and transparent manner in line with the NSW Act and Regulations and as appropriate for the circumstances:
What is the role of rail safety officers in compliance and enforcement?
Rail safety officers are appointed under the Rail Safety Act 2008 to exercise compliance and enforcement functions. Rail safety officers were referred to as authorised officers under the Rail Safety Act 2002.
The role of rail safety officers includes:
What compliance and enforcement powers do rail safety officers have?
Rail safety officers’ powers under the Rail Safety Act 2008 include: