Legislation
Rail Safety Act 1997
The Rail Safety Act 1997 provides the legal framework governing the Department’s activities for rail safety. It promotes the safe construction, maintenance and operation of railways as part of a national approach to rail safety regulation and for other purposes.
Download or http://www.thelaw.tas.gov.au/
The Rail Safety Act 1997 adds to the protection provided by the Workplace Health and Safety Act 1995.
The Workplace Health and Safety Act is the main Act that deals with the health, safety and welfare of people at work, including people at work in rail operations. The Rail Safety Act 1997 creates additional protection, rights and obligations necessary because of the special risks associated with railway operations.
Download or http://www.thelaw.tas.gov.au/
Rail Safety Regulations 1999
Download or http://www.thelaw.tas.gov.au/
National Model Rail Safety Legislation
Jurisdictions together with the National Transport Commission, the rail industry and Unions have worked together to produce new model rail safety legislation.
The objective of the new rail safety legislation is to implement a best practice approach to safety-based regulation.
In summary, the draft Bill:
- Establishes general safety duties to clarify the requirements of all parties;
- Defines, in common terms, the level of safety to be achieved;
- Provides rail safety regulators with powers to gain access to documentation, staff, infrastructure and equipment for the purposes of auditing compliance;
- Provides regulators with a hierarchy of sanctions and penalties options which may be escalated as appropriate;
- Establishes appropriate ‘checks and balances’ on the actions of the rail safety regulator;
- Requires rail safety regulators in different States and Territories to coordinate their decision making; and
- Enables the establishment of national guidelines, standards and compliance codes that are necessary to support the nationally consistent legislation and regulations.
The model Bill is being progressively implemented in the jurisdictions. A number of changes will occur to the regulation of rail safety in Tasmania upon implementation of the new legislation. The Rail Safety Unit will continue to keep stakeholders informed as the model Bill is progressed in Tasmania.
A copy of the model Bill and supporting information is available for the National Transport Commission’s website.
