Rail Safety Reform
Following consultation with the rail industry, unions and peak groups, new rail safety laws have been introduced in NSW as part of national reforms to improve rail safety management and consistency across Australia.
The national reform process is being led by the National Transport Commission (NTC).
From 1 January 2009, the Rail Safety Act 2008 replaced the Rail Safety Act 2002. Transitional arrangements are in place for some requirements. Read the Information Alert: Rail Safety Act 2008 and Regulations Commence 1 January 2009 and Fact Sheet: New Rail Safety Laws in NSW – What’s Changing? to find out more.
For detailed information on the Rail Safety Act 2008 and differences between the 2002 and 2008 Acts, read the Rail Fact Sheets or refer to the comparison tables below:
- Table 1 - Rail Safety Act 2002 (NSW) Comparison with Rail Safety Act 2008
- Table 2 - Rail Safety Act 2008 (NSW) Comparison with Rail Safety Act 2002
Rail Safety Act 2008
The Rail Safety Act 2008 commenced on 1 January 2009. It implements the National Model Rail Safety Bill 2006 and builds on rail safety reforms introduced over recent years in response to the Special Commission of Inquiry into the Glenbrook and Waterfall rail accidents.
View the presentation from industry briefings on the key requirements of the Rail Safety Act 2008.
See a map of the Rail Safety Act 2008 showing key topics (e.g. accreditation, compliance and enforcement) with links to supporting regulations, policies and guidance.
Regulations
Three new Regulations have replaced the 2003 Regulations and incorporate some existing mandatory requirements relating to train communications systems, drug and alcohol testing, fatigue, and network rules.
- Rail Safety (General) Regulation 2008
- Rail Safety (Drug & Alcohol Testing) Regulation 2008
- Rail Safety (Offences) Regulation 2008
Guidance
National Guidelines to support the National Model Rail Safety Legislation can be accessed below. They cover accreditation, safety management systems, general safety duties (the meaning of 'so far as is reasonably practicable'), compliance and enforcement, and fatigue management.
NSW appendices have been developed for these guidelines as an interim measure. Once the National Model Rail Safety Legislation has commenced in all jurisdictions, the information contained in the appendices is due to be incorporated into the guidelines.
Accreditation
- National Rail Safety Guideline for Accreditation
- National Accreditation Form
- National Business Rules for Uniform Administration of Accreditation
- NSW APPENDIX to the National Business Rules for Uniform Administration of Accreditation
- National Audit Tool
Compliance & Enforcement
- National Compliance & Enforcement Policy for Rail Safety Guideline
- NSW APPENDIX to the National Compliance & Enforcement Policy for Rail Safety Guideline
Drug & Alcohol
- NSW Training Requirements for Testing Officers
- NSW Prosecution Policy Rail Safety Drug & Alcohol Regulations 2008
Fatigue Management
- National Guidelines for Fatigue Management for Rail Safety Workers
- NSW APPENDIX to the National Guidelines for Fatigue Management for Rail Safety Workers
General Safety Duties
Interface Agreements for Rail or Road Crossings
Safety Management Systems
- National Rail Safety Guideline for a Safety Management System
- NSW APPENDIX to the National Rail Safety Guideline for a Safety Management System
Policies
The following ITSRR policies support the Rail Safety Act 2008:
- Accreditation
- Application, Annual Accreditation and Late Payment Fees
- Waiver of Accreditation Application Requirements
- Exemptions
- Regulatory Response to Management of Change
- Prosecution
- Managing Compliance Through Advice, Education and Training
- Managing Compliance Through Audit
- Managing Compliance Through Inspections
- Managing Compliance Through Investigations
- Penalty Notices
- Suspending or Revoking Accreditation
- Enforceable Voluntary Undertakings
- Disclosure and Use of Information
Find out more about the national reform process
- National Transport Commission website
- Differences between NSW Rail Safety Act 2008 and National Model Rail Safety Legislation – fact sheet