Rail Safety National Regulations (WA)

For the purposes of the definition of notifiable occurrence in section 4 (Interpretation) of the Law and this regulation —

a notifiable occurrence specified in Schedule 1A Part 1 is a Category A notifiable occurrence; and

a notifiable occurrence specified in Schedule 1A Part 2 is a Category B notifiable occurrence (unless that occurrence is also a Category A notifiable occurrence); and

a notifiable occurrence specified in Schedule 1A Part 3 is a Category C notifiable occurrence (unless that occurrence is also a Category A or a Category B notifiable occurrence).

For the purposes of section 121 (Notification of certain occurrences) of the Law, if a Category A notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must —

immediately after becoming aware of the occurrence — give an oral report of the occurrence to the Regulator; and

give the Regulator a written report of the occurrence, within the period, and that contains the particulars, as required in respect of the giving of a written report of an immediately reportable matter under the Transport Safety Investigation Act 2003 of the Commonwealth, as in force from time to time.

For the purposes of section 121 (Notification of certain occurrences) of the Law, if a Category B notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations, the operator must —

give the Regulator a written report of the occurrence within the period, and that contains the particulars, as required in respect of the giving of a written report of a routine reportable matter under the Transport Safety Investigation Act 2003 of the Commonwealth, as in force from time to time; and

within 14 days (or such longer period as may be allowed by the Regulator) after becoming aware of the occurrence, provide any other information required by the Regulator in respect of the occurrence that is not included in the report under paragraph (a).

For the purposes of section 121 (Notification of certain occurrences) of the Law, if a Category C notifiable occurrence happens on, or in relation to, a rail transport operator’s railway premises or railway operations during a reporting period, the operator must, subject to subregulations (3b) and (3c), give the Regulator a written report that provides a summary of any such occurrences within 6 months after the end of the reporting period.

A report under subregulation (3a) must —

provide the total number of Category C notifiable occurrences with respect to each month of the reporting period, and each type of such occurrences, as required by the Regulator; and

unless otherwise specified by the Regulator, be made in conjunction with a safety performance report required by section 103 (Safety performance reports) of the Law.

The Regulator may, by written notice, require a rail transport operator to provide a report under subregulation (3a), at such other times, and in relation to such other periods, and in such manner, as specified in the notice (which may be in addition to a report otherwise provided in accordance with that subregulation).

For the purposes of subregulations (3a) and (3b), reporting period has the same meaning as in section 103(3) (Safety performance reports) of the Law.

The rail transport operator must ensure that any report the operator makes under this regulation is in the form, contains all the information, and is made in the manner, required by the Regulator.