Variation to Accreditation
New NSW Rail Safety Act 2002 regulations regarding variations to accreditation came into effect on 1 July 2006.
Why were the new accreditation variations made?
NSW Rail Safety Act 2002 provisions regarding variations to accreditation are very broadly worded. They refer to applications for variations to accreditation being required if an accredited operator proposes to carry out a railway operation in manner, or a railway operation, that is not covered by their accreditation (Rail Safety Act 2002, section 27(1)).
As a result, ITSRR received a wide range of variation applications, concerning both significant and minor operational changes.
As well, the Act does not specify what information should be included with an application for variation to accreditation. This resulted in significant delays in processing variation applications, since many applications were received with no or little supporting information.
In 2005, the Act was amended to enable regulations to be made to clarify when applications for variation to accreditation are required.
When are accredited operators required to apply for variations to their accreditation?
Applications for variation to accreditation are required when an operator proposes to commence new railway operations, or make changes to existing railway operations, which are not permitted or not within the scope of the operator’s current notice of accreditation.
Accredited operators may also apply for a variation of their accreditation, if they seek to change or remove a condition that is attached to their accreditation.
It is an offence for an operator of a railway to carry out railway operations unless they are accredited by ITSRR to carry out those railway operations (Rail Safety Act 2002, section 8).
If you are not sure whether a proposed change to your railway operations requires an application for variation of your accreditation, please contact ITSRR and ask for assistance.
What should be included in an application for variation to accreditation?
Under the new regulations, an application for variation to accreditation must include:
- a description of the proposed new or changed railway operations for which the variation is sought;
- a plan indicating the key stages in the design, development and implementation of the proposed new or changed railway operations;
- a description of the processes that will be used to identify, assess and control risks arising from the development and implementation of the new or changed railway operations; and
- a list of railway operators and other stakeholders affected by the proposed new or changed operations, and a description of the processes that will be used to consult them and inform them about the proposed change.
How do I lodge an application for variation to accreditation?
To lodge an application, submit the required information and a brief covering letter to ITSRR by post, fax or email.
What happens to applications for variation once they are lodged?
Once an application 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 demonstrated the competence and capacity to safely implement and carry out the proposed changes to railway operations. These are the same criteria that are applied to initial applications for accreditation.
The assessment process 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.
How will I know if the application is approved?
Once the application is determined, the applicant is notified in writing.
If the application is approved (or “granted”), a formal notice of the variation of the accreditation is provided. In some cases, the variation is incorporated into a revised Notice of Accreditation.
ITSRR may impose conditions or restrictions when granting a variation to an accreditation. These will be included in the Notice of Variation or the revised Notice of Accreditation.
What if an application is refused?
If ITSRR does not grant the variation, or if ITSRR has attached conditions or restriction to a variation, the accredited operator 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.