| |
| |
| |
|
|
|
|
|
Model Law
Updated 24 March 2009
In accordance with its duties, the NTC developed a national model Rail Safety Bill 2006 and national model Rail Safety Regulations. They were developed in conjunction with representatives of all jurisdictions, the rail industry and rail unions and receive legal effect when reproduced in each jurisdiction’s legislation. A revised deadline of December 2008 has been set by the Council of Australian Governments (COAG) for implementing the agreed legislative reforms in a nationally consistent and co-ordinated manner.
Model Consolidated Rail Safety Bill December 2007
Since the model Bill was first approved, it has been amended by Amendment Bills No. 1 and No. 2. The following is a link to a consolidated version of the model Rail Safety Bill that has been prepared by the NTC for the convenience of readers. This version of the Bill incorporates amendments made to the Bill by Amendment Bills No. 1 and No. 2.
National model Rail Safety Bill 2006
The following is a link to the model Rail Safety Bill in the form it was approved by Commonwealth, State and Territory Transport Ministers in June 2006.
Amendments to the Model Rail Safety Bill 2006
Following the ATC’s approval of the national model Rail Safety Bill, a number of minor and inconsequential amendments were made to clarify some of the provisions. For example, whilst no new obligations were introduced, clarifications were made to the duties of contractors, some aspects of the accreditation provisions and to section 68 of the Principal Bill requiring rail transport operators to ensure that each rail safety worker has the competence to carry out their work.
Amendment Bill No.1 may be viewed by clicking on the following:
When the ATC approved the national model Rail Safety Bill at its June 2006 meeting, ATC members also approved the proposal to develop and include a‘new provision in the model Bill that places a complementary obligation on road managers to develop, implement and maintain interface coordination plans for road and rail intersections.
Following consultation, the ATC approved a Rail Safety (Amendment No. 2) Bill in December 2007. This Bill provides for the establishment of obligations on rail infrastructure managers and road managers to seek to enter interface agreements for the joint management of safety risks at road and rail crossings.
The new obligations to apply to road and rail infrastructure managers are:
-
to identify road and rail crossings and assess the risks to safety that arise due to the concurrent use of road and rail infrastructure; and
-
for the parties to seek to reach agreement (conditional on funding or otherwise) on how to best manage risks to safety that arise at road and rail crossings under their joint control. This is to ensure that information from the risk assessment is considered and acted upon (noting that the decision can be to maintain the existing level of risk control).
Amendment Bill No. 2 may be viewed by clicking on the following:
 Model Rail Safety (Amendment No. 2) Bill - July 2007 (0.48 MB)
A three year transitional period (post commencement date of the legislation in each jurisdiction) is proposed for the implementation of the requirement for interface agreements between road and rail infrastructure managers in relation to road and rail crossings.
Model Rail Safety Regulations
The Regulations specify more detailed requirements that are not appropriate for inclusion in the national model Bill itself and mandate regulatory requirements applicable to parties responsible for rail safety. They comprise five major parts and propose in general two significant changes:
The model Regulations draw significantly on the requirements specified in the National Accreditation Package (endorsed by ATC in 2004) and the Australian Rail Safety Standard - 4292.1 (2006). Compliance with these documents is already a requirement in the majority of Australian jurisdictions. Where relevant, recommendations of the Safety Management System Expert Panel formed for the purpose of the Special Commission of Inquiry into the Waterfall Rail Accident were also taken into account. The model Regulations were approved by Commonwealth, state and territory Ministers in December 2006. They may be viewed by clicking on the following:
Fact Sheets
Discussion Papers
Archives
The National Transport Commission has taken care to ensure the accuracy of legislation and regulations; however readers are advised that the official versions are located in the Federal Register of Legislative Instruments (Commonwealth) http://www.frli.gov.au
|
|
|
|
|
|
| |