Rail Safety National Law (WA)

The main purpose of this Law is to provide for safe railway operations in Australia.

The objects of this Law are —

to establish the Office of the National Rail Safety Regulator (the ONRSR); and

to make provision for the appointment, functions and powers of the National Rail Safety Regulator (the Regulator); and

to make provision for a national system of rail safety, including by providing a scheme for national accreditation of rail transport operators in respect of railway operations; and

to provide for the effective management of safety risks associated with railway operations; and

to provide for the safe carrying out of railway operations; and

to provide for continuous improvement of the safe carrying out of railway operations; and

to make special provision for the control of particular risks arising from railway operations; and

to promote public confidence in the safety of transport of persons or freight by rail; and

to promote the provision of advice, information, education and training for safe railway operations; and

to promote the effective involvement of relevant stakeholders, through consultation and cooperation, in the provision of safe railway operations.

The guiding principles under this Law are —

to assist rail transport operators to achieve productivity by the provision of a national scheme for rail safety; and

to operate the national scheme in a timely, transparent, accountable, efficient, effective, consistent and fair way; and

that fees required to be paid for the provision of the national scheme are to be reasonable having regard to the efficient and effective operation of the scheme.

The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action.

In this Law, unless the contrary intention appears —

has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or

is suspended under this Law;

that is used or designed to be used for amusement or entertainment and on which persons may be moved, carried, raised, lowered or supported by any part of the structure or device; and

that is an arrangement of structural or mechanical elements (or both) that has as its prime function the provision of movement of a passenger or passengers in a controlled manner so that the passenger or passengers are not necessarily required to move themselves to obtain the desired effect;

associated works (such as cuttings, sidings, tunnels, bridges, stations, platforms, tram stops, excavations, land fill, track support earthworks and drainage works); and

over‑track structures and under‑track structures (including tunnels under tracks);

a police officer; or

a person appointed under section 124;

a substance declared by the national regulations to be a drug for the purposes of this Law; and

a substance declared under section 6 to be a drug for the purposes of this Law; and

any other substance (other than alcohol) that, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties;

an area where a road and a railway (other than a tramway) meet at substantially the same level, whether or not there is a level crossing sign on the road at all or any of the entrances to the area;

an area where a road and a tramway meet at substantially the same level and that has a level crossing sign on the road at each entrance to the area;

a pedestrian crossing —

being an area where a footpath or shared path crosses a railway (other than a tramway) at substantially the same level, whether or not there is a level crossing sign on the path at all or any of the entrances to the area; or

being an area where a footpath or shared path crosses a tramway at substantially the same level and that has a level crossing sign on the path at each entrance to the area;

that has, or could have, caused —

significant property damage; or

serious injury; or

death; or

that is, or is of a class that is, prescribed by the national regulations to be a notifiable occurrence or class of notifiable occurrence,

in relation to a body corporate, has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;

in relation to any other person, means an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the person;

this Law applies as a law of the jurisdiction; or

a law that substantially corresponds to the provisions of this Law has been enacted; or

a law prescribed by the national regulations for the purposes of this definition has been enacted;

a marshalling yard; or

a crossing loop; or

a passenger terminal; or

a freight terminal; or

a siding under the control and management of an accredited rail infrastructure manager; or

a siding, or a siding of a class, prescribed by the national regulations not to be a private siding;

a place that —

the public is entitled to use; or

is open to members of the public; or

is used by the public,

a place that the occupier allows members of the public to enter, whether or not on payment of money;

the Auditor‑General (however described) of a participating jurisdiction; or

an auditor employed, appointed or otherwise engaged, by an Auditor‑General of a participating jurisdiction;

railway tracks and associated railway track structures; and

service roads, signalling systems, communications systems, rolling stock control systems, train control systems and data management systems; and

notices and signs; and

electrical power supply and electric traction systems; and

associated buildings, workshops, depots and yards; and

plant, machinery and equipment,

rolling stock; or

any facility, or facility of a class, that is prescribed by the national regulations not to be rail infrastructure;

owns the rail infrastructure; or

has a statutory or contractual right to use the rail infrastructure or to control, or provide, access to it;

a level crossing;

an area where a road and a tramway meet at substantially the same level, where there is no level crossing sign on the road at all or any of the entrances to the area;

an area where a footpath or shared path crosses a tramway at substantially the same level, where there is no level crossing sign on the path at all or any of the entrances to the area;

a bridge carrying a road over a railway;

a bridge carrying a railway over a road;

a lane of a road on which rolling stock moves alongside road vehicles on the road;

a rail infrastructure manager; or

a rolling stock operator; or

a person who is both a rail infrastructure manager and a rolling stock operator;

a heavy railway;

a light railway;

a monorail;

an inclined railway;

a tramway;

a railway within a marshalling yard or a passenger or freight terminal;

a private siding;

a guided system, or guided system of a class, prescribed by the national regulations to be a railway;

the construction of a railway, railway tracks and associated railway track structures;

the construction of rolling stock;

the management, commissioning, maintenance, repair, modification, installation, operation or decommissioning of rail infrastructure;

the commissioning, use, modification, maintenance, repair or decommissioning of rolling stock;

the operation or movement, or causing the operation or movement by any means, of rolling stock on a railway (including for the purposes of construction or restoration of rail infrastructure);

the movement, or causing the movement, of rolling stock for the purposes of operating a railway service;

the scheduling, control and monitoring of rolling stock being operated or moved on rail infrastructure;

land (including any premises on land) on or in which is situated rail infrastructure; or

land (including any premises on land) on or in which is situated any over‑track or under‑track structure or part of an over‑track or under‑track structure; or

freight centres or depots used in connection with the carrying out of railway operations; or

workshops or maintenance depots used in connection with the carrying out of railway operations; or

premises (including an office, building or housing) used in connection with the carrying out of railway operations; or

rolling stock or other vehicles associated with railway operations; or

any other rail workplace;

has been surrendered or cancelled or has otherwise ceased to have effect under this Law; or

is suspended under this Law;

a road, including its surface or pavement; and

anything under or supporting a road or its surface or pavement; and

any bridge, tunnel, causeway, road‑ferry, ford or other work or structure forming part of a road system or supporting a road; and

any bridge or other work or structure located above, in or on a road; and

any traffic control devices, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a) to (d); and

anything prescribed by the national regulations to be road infrastructure,

in relation to a private road — means the owner, or other person responsible for the care, control and management, of the road; or

in relation to a public road — means an authority, person or body responsible for the care, control or management of the road;

in relation to goods — supply or resupply by way of sale, exchange, lease, hire or hire purchase, whether as principal or agent; or

in relation to services — provide, grant or confer, whether as principal or agent;

this Law as it applies as a law of a participating jurisdiction; or

a law of a participating jurisdiction that —

substantially corresponds to the provisions of this Law; or

is prescribed by the national regulations for the purposes of paragraph (c) of the definition of participating jurisdiction;

2 or more units of rolling stock coupled together, at least 1 of which is a locomotive or other self propelled unit; or

a unit of rolling stock that is a locomotive or other self propelled unit;

an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or

an association of employees or independent contractors (or both) that is registered or recognised as such an association (however described) under a State or Territory industrial law.

In this Law —

a reference to this Law extends to a statutory instrument made under this Law, or a provision of this Law or a statutory instrument made under this Law; and

a reference to the responsible Ministers is a reference to a group of Ministers consisting of —

the responsible Minister for each participating jurisdiction; and

a Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law (the Commonwealth Minister).

The Commonwealth Minister has complete discretion as to whether or not to exercise a function or power given to the responsible Ministers under this Law and so, for the purposes of this Law, a recommendation of the responsible Ministers that is required to be unanimous will be taken to be unanimous if the Commonwealth Minister declines to exercise the function or power and the responsible Minister for each participating jurisdiction agrees with the recommendation.

The responsible Ministers may declare a substance to be a drug for the purposes of this Law.

A declaration under subsection (1) —

is to be published on the NSW legislation website in accordance with Part 6A of the Interpretation Act 1987 of New South Wales; and

will commence on the day specified in the declaration for its commencement (being not earlier than the date it is published); and

is to be published by ONRSR on its website.

This Law does not apply to or in relation to —

a railway in a mine that is underground, or chiefly underground, and that is used in connection with the performance of mining operations; or

a slipway; or

a railway used only to guide a crane; or

an aerial cable operated system; or

a railway used only by a horse‑drawn tram; or

a railway used only for a static display; or

any other railway, or class of railway, prescribed by the national regulations to be a railway, or railway of a class, to which this Law does not apply.

This Law does not apply to or in relation to the following railways:

a railway that —

is privately owned and operated as a hobby; and

is operated only on private property; and

does not operate on or cross a public road; and

is not operated for hire or reward, or provided on hire or lease; and

to which members of the public do not have access (whether by invitation or otherwise);

a railway that —

is used only for the purposes of an amusement structure; and

is operated only within an amusement park; and

does not operate on or cross a public road; and

is not connected with another railway in respect of which a rail transport operator is required to be accredited or registered under this Law.

Despite subsection (2)(b), the national regulations may prescribe a specified railway of a class referred to in that paragraph to be a railway to which or in relation to which this Law applies.

Subject to subsection (2), any of the following classes of work is rail safety work for the purposes of this Law:

driving or despatching rolling stock or any other activity which is capable of controlling or affecting the movement of rolling stock;

signalling (and signalling operations), receiving or relaying communications or any other activity which is capable of controlling or affecting the movement of rolling stock;

coupling or uncoupling rolling stock;

constructing, maintaining, repairing, modifying, monitoring, inspecting or testing —

rolling stock, including checking that the rolling stock is working properly before being used; or

rail infrastructure, including checking that the rail infrastructure is working properly before being used;

installation of components in relation to rolling stock;

work on or about rail infrastructure or associated works or equipment that places, or may place, the person performing the work at risk of exposure to moving rolling stock;

installation or maintenance of —

a telecommunications system relating to rail infrastructure or used in connection with rail infrastructure; or

the means of supplying electricity directly to rail infrastructure, any rolling stock using rail infrastructure or a telecommunications system;

work involving certification as to the safety of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;

work involving the decommissioning of rail infrastructure or rolling stock or any part or component of rail infrastructure or rolling stock;

work involving the development, management or monitoring of safe working systems for railways;

work involving the management or monitoring of passenger safety on, in or at any railway;

any other work that is prescribed by the national regulations to be rail safety work.

For the purposes of this Law, rail safety work does not include any work, or any class of work, prescribed by the national regulations not to be rail safety work.

It is the intention of the Parliament of this jurisdiction that this Law as applied by an Act of this jurisdiction, together with this Law as applied by Acts of the other participating jurisdictions, has the effect that an entity established by this Law is 1 single national entity, with functions conferred by this Law as so applied.

An entity established by this Law has power to do acts in or in relation to this jurisdiction in the exercise of a function expressed to be conferred on it by this Law as applied by Acts of each participating jurisdiction.

An entity established by this Law may exercise its functions in relation to —

1 participating jurisdiction; or

2 or more or all participating jurisdictions collectively.

In this section, a reference to this Law as applied by an Act of a jurisdiction includes —

a reference to a law that substantially corresponds to this Law enacted in a jurisdiction; and

a law prescribed by the national regulations for the purposes of the definition of a participating jurisdiction.

things situated in or outside the territorial limits of this jurisdiction;

acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

This Law binds the Crown, in right of this jurisdiction and, insofar as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.

No criminal liability attaches to the Crown itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.

The Office of the National Rail Safety Regulator (ONRSR) is established.

ONRSR —

is a body corporate with perpetual succession; and

has a common seal; and

may sue and be sued in its corporate name.

ONRSR represents the Crown.