Rail Safety Regulation
Who regulates rail safety in NSW?
In Australia, rail safety is regulated by state and territory regulators. The NSW rail safety regulator is the Independent Transport Safety and Reliability Regulator (ITSRR).
ITSRR administers the Rail Safety Act 2008 and regulates railway operations in NSW. The Rail Safety Act 2008 and supporting regulations commenced on 1 January 2009 as part of a national program to improve rail safety management and consistency across jurisdictions. While ITSRR focuses on regulating rail transport operators in NSW, the introduction of national model legislation and guidelines means there is greater consistency across Australia in relation to accreditation and other regulatory requirements.
NSW is also currently investigating with the Australian Capital Territory (ACT) Government a proposal to apply the NSW Rail Safety Act 2008 in the ACT to ensure seamless regulatory coverage for rail operations that continue from NSW into the ACT.
Who does ITSRR regulate?
ITSRR accredits rail transport operators with effective management and control of rail infrastructure and/or rolling stock operations. Accredited rail transport operators have a range of obligations under the Rail Safety Act 2008.
Rail transport operators and others carrying out railway operations also have general safety duties under the Rail Safety Act 2008 to ensure, so far as is reasonably practicable, the safety of their railway operations. General duties of safety also apply to contractors, designers, suppliers and manufacturers of equipment, as well as rail safety workers.
How does ITSRR regulate rail safety?
In administering the Rail Safety Act 2008, ITSRR’s key rail safety functions are:
- accreditation
- managing compliance through education and awareness, audits, inspections and investigations.
For more information on the tools ITSRR uses to deliver these functions, see the Compliance with the Rail Safety Act 2008 fact sheet.
Who are the key stakeholders in rail safety regulation in NSW?
Regulators, Government & Investigators
- NSW Minister for Transport
- Department of Infrastructure, Transport, Regional Development and Local Government
- Office of Transport Safety Investigations (OTSI)
- Australian Transport Safety Bureau (ATSB)
- Transport and Infrastructure
- National Transport Commission (NTC)
- ITSRR
Industry
- RailCorp (CityRail and CountryLink)
- Australian Rail Track Corporation
- Pacific National
- Australasian Railway Association (ARA)
- Other mainline and branchline operators based within NSW (these operate in NSW and, in some cases, interstate)
- Heritage railway operators
- Other rail operators based outside NSW (such as Queensland Rail)
- Rail maintainers, contractors, rolling stock designers, manufacturers and suppliers
Unions