National Model Legislation
What's it all about?
In 2003, the Inter-Governmental Agreement for Regulatory and Operational Reform in Road Rail and Intermodal Transport (IGA) tasked the National Transport Commission (NTC) with developing reforms to improve and strengthen the co-regulatory system for rail safety, including the development of national model rail safety legislation.
New South Wales is committed to adopting nationally consistent rail safety legislation. ITSRR has been active in the development of national model legislation to ensure that the reform proposals lead to improved safety management, and are consistent with safety reforms adopted in recent years to strengthen the regulation of rail safety in NSW.
Who is involved?
All State, Territory and Commonwealth Transport Ministers and transport regulation agencies, the NTC, the Federal Department of Transport and Regional Services, the Rail, Tram and Bus Union (RTBU) and the rail industry through, for example, the Australasian Railway Association (ARA).
How will it happen?
In June 2006 the Australian Transport Council (ATC) approved the National Model Rail Safety Legislation - the National Rail Safety Bill 2006. In December 2006 the ATC also approved the National Model Regulations to support the model legislation. The National Model Legislation and Regulations are to be adopted by each State and the Northern Territory.
In NSW, a new Act based on the National Model Bill will replace the Rail Safety Act 2002. The key differences between the Rail Safety Act and the Bill are outlined in the fact sheet - Key differences between NSW Rail Safety Act 2002 and the National Model Rail Safety Bill 2006.
When will it happen?
States and territories have varying implementation schedules. The NSW Government is committed to introducing nationally consistent rail safety legislation as soon as practicable. In the meantime, existing rail safety legislation continues to apply.
Where will it take place?
Across Australia.
Why is it happening?
To achieve national consistency in the regulation of safety for railways across Australia. The implementation of uniform rail safety legislation and accreditation processes is a key priority of the Council of Australian Governments (COAG).
A key objective of the national reform process is to reduce unnecessary costs and duplication of state and territory rail safety regulator requirements and administrative processes.