{"id":"nsw:sl-2012-0617","name":"Rail Safety National Law National Regulations 2012","slug":"rail-safety-national-law-national-regulations-2012","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"617 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178099,"registerId":"nsw-nsw:sl-2012-0617-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n1 Short title\n\n> These regulations may be cited as the [Rail Safety National Law National Regulations 2012](/view/html/inforce/current/sl-2012-0617).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> These regulations will commence in a participating jurisdiction on the day on which Part 10 Division 9 of the Law commences in that jurisdiction.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> In these regulations, unless the contrary intention appears—\n> \n> Category A notifiable occurrence—see regulation 57;\n> \n> Category B notifiable occurrence—see regulation 57;\n> \n> Category C notifiable occurrence—see regulation 57;\n> \n> Law means the Rail Safety National Law, as amended from time to time, set out in the schedule to the Rail Safety National Law (South Australia) Act 2012 of South Australia;\n> \n> National Transport Commission means the body of that name established under the [National Transport Commission Act 2003](http://www.legislation.gov.au/) of the Commonwealth;\n> \n> network rules means the rules, systems and procedures relating to railway operations established or adopted by a rail infrastructure manager to ensure the safety of the manager’s railway operations for the purposes of section 52(3)(c) and (4)(c) (*Duties of rail transport operators*) of the Law.\n> \n> **Reg 3:** Am 2022 (269), reg 4.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definition of occupational health and safety legislation","content":"#### 4 Definition of occupational health and safety legislation\n\n4 Definition of occupational health and safety legislation\n\n> The following laws are prescribed for the purposes of the definition of occupational health and safety legislation in section 4 (*Interpretation*) of the Law—\n> \n> > (a) the Work Health and Safety Act 2011 of the Australian Capital Territory;\n> \n> > (b) the [Work Health and Safety Act 2011](http://www.legislation.gov.au/) of the Commonwealth;\n> \n> > (c) the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010) of New South Wales;\n> \n> > (d) the Work Health and Safety (National Uniform Legislation) Act 2011 of the Northern Territory;\n> \n> > (e) the Work Health and Safety Act 2011 of Queensland;\n> \n> > (f) the Work Health and Safety Act 2012 of South Australia;\n> \n> > (g) the Workplace Health and Safety Act 1995 of Tasmania;\n> \n> > (h) the Occupational Health and Safety Act 2004 of Victoria;\n> \n> > (i) the Occupational Safety and Health Act 1984 of Western Australia.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Declaration of drug","content":"#### 5 Declaration of drug\n\n5 Declaration of drug\n\n> For the purposes of paragraph (a) of the definition of drug in section 4 (*Interpretation*) of the Law, a substance included in a Schedule to the current Poisons Standard within the meaning of the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth is declared to be a drug.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of prescribed notifiable occurrence","content":"#### 6 Meaning of prescribed notifiable occurrence\n\n6 Meaning of prescribed notifiable occurrence\n\n> A prescribed notifiable occurrence is a Category A notifiable occurrence.\n> \n> **Reg 6:** Am 2022 (269), reg 5.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Railways to which Law does or does not apply","content":"#### 7 Railways to which Law does or does not apply\n\n7 Railways to which Law does or does not apply\n\n> > (1) For the purposes of section 7(1)(g) (*Railways to which this Law does not apply*) of the Law, the Law does not apply to the following—\n> > \n> > > (a) in respect of New South Wales—any temporary, isolated railway used for the construction of tunnels by or on behalf of a public transport agency constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109) of New South Wales;\n> > \n> > > (b) in respect of Queensland—any cane railway that is operated entirely or partly on an access right under Chapter 2 Part 4 of the Sugar Industry Act 1999 of Queensland used, or proposed to be used, solely for the transportation of sugar cane, sugar or sugar cane by-products;\n> > \n> > > (c) in respect of South Australia—the underground railway operated by Adelaide Aqua D&C Consortium for the purpose of the construction of saltwater intake and outfall tunnels for the Adelaide desalination plant at Port Stanvac;\n> > \n> > > (d) in respect of Tasmania—any railway located in Tasmania used as a haulage way for operational and maintenance purposes in connection with the electricity supply industry within the meaning of the Electricity Supply Industry Act 1995 of Tasmania.\n> > \n> > > (e) (Repealed)\n> \n> > (2) Pursuant to section 7(3) (*Railways to which this Law does not apply*) of the Law, the Law applies to the following railways in New South Wales—\n> > \n> > > (a) Campbelltown Steam and Machinery Museum;\n> > \n> > > (b) Dorrigo Steam Railway and Museum Limited;\n> > \n> > > (c) Guyra and District Historical Society Machinery Group;\n> > \n> > > (d) Illawarra Light Railway Museum Society Limited;\n> > \n> > > (e) Lake Macquarie Light Rail;\n> > \n> > > (f) Millennium Parklands Railway;\n> > \n> > > (g) New England Railway Inc;\n> > \n> > > (h) Oberon Tarana Heritage Railway Inc;\n> > \n> > > (i) Richmond Vale Preservation Co-operative Society Ltd;\n> > \n> > > (j) Steam Tram and Railway Preservation Co-op Society Ltd;\n> > \n> > > (k) Zig Zag Railway Co-op Ltd.\n> \n> **Reg 7:** Am 2017 (258), reg 4; 2019 (539), reg 4.","sortOrder":7},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Annual report provisions","content":"# Part 1A Annual report provisions\n\nPart 1A Annual report provisions\n\n**pt 1A (Regs 7A–7D):** Ins 2019 (263), reg 4.","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Application","content":"#### 7A Application\n\n7A Application\n\n> This Part applies for the purposes of section 43 (Annual report) of the Law.\n> \n> **pt 1A (Regs 7A–7D):** Ins 2019 (263), reg 4.","sortOrder":9},{"sectionNumber":"7B","sectionType":"section","heading":"Auditors","content":"#### 7B Auditors\n\n7B Auditors\n\n> > (1) The financial statements in respect of a particular financial year must be audited—\n> > \n> > > (a) by a public sector auditor; or\n> > \n> > > (b) with the approval of the responsible Ministers—by an appropriately qualified auditor.\n> \n> > (2) A person (other than a public sector auditor) must not audit the financial statements in respect of a particular financial year unless the person has been approved to do so by the responsible Ministers.\n> \n> > (3) An auditor who has been approved by the responsible Ministers to audit the financial statements in respect of a particular financial year must satisfy the Regulator that the auditor has indeed been so approved.\n> \n> > (4) In this regulation—\n> > \n> > appropriately qualified auditor means a registered company auditor who—\n> > \n> > > (a) is a member of CPA Australia entitled to use the letters “CPA” or “FCPA” and who holds a current practice certificate issued by CPA Australia; or\n> > \n> > > (b) is a member of the Institute of Chartered Accountants in Australia entitled to use the letters “CA” or “FCA” and who holds a current certificate of public practice issued by the Institute; or\n> > \n> > > (c) is a member of the Institute of Public Accountants entitled to use the letters “MIPA” or “FIPA” and who holds a professional practice certificate issued by the Institute.\n> \n> **pt 1A (Regs 7A–7D):** Ins 2019 (263), reg 4.","sortOrder":10},{"sectionNumber":"7C","sectionType":"section","heading":"Financial statements","content":"#### 7C Financial statements\n\n7C Financial statements\n\n> The financial statement must—\n> \n> > (a) be prepared in accordance with Australian Accounting Standards; and\n> \n> > (b) be audited in accordance with the Australian Auditing Standards.\n> \n> **pt 1A (Regs 7A–7D):** Ins 2019 (263), reg 4.","sortOrder":11},{"sectionNumber":"7D","sectionType":"section","heading":"Auditor not subject to direction","content":"#### 7D Auditor not subject to direction\n\n7D Auditor not subject to direction\n\n> > (1) An auditor who conducts an audit of the financial statements for the purposes of the annual report is not subject to direction by any person about—\n> > \n> > > (a) the way in which the auditor’s functions in relation to the audit or report on the financial statement are to be performed; or\n> > \n> > > (b) the priority to be given to the audit or report on the financial statement.\n> \n> > (2) Despite subregulation (1)(b), the Regulator and the auditor may enter into an agreement to ensure an audit or report is provided in sufficient time for it to be included in the annual report to be delivered to the responsible Ministers under section 43(1) (Annual report) of the Law.\n> \n> > (3) Subregulation (1) does not limit the functions of the Auditor General of a participating jurisdiction under whose authority an audit is being conducted or a report is being prepared.\n> \n> **pt 1A (Regs 7A–7D):** Ins 2019 (263), reg 4.","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"Accreditation","content":"# Part 2 Accreditation\n\nPart 2 Accreditation","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Application for accreditation","content":"#### 8 Application for accreditation\n\n8 Application for accreditation\n\n> For the purposes of section 64(2)(c) (*Application for accreditation*) of the Law, an application for accreditation must contain—\n> \n> > (a) the following identification details of the applicant—\n> > \n> > > (i) the applicant’s name;\n> > \n> > > (ii) the applicant’s registered business name and trading name (if different from the registered business name);\n> > \n> > > (iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);\n> > \n> > > (iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and\n> \n> > (b) the name and contact details of the person or persons appointed by the applicant—\n> > \n> > > (i) to deal with any queries that the Regulator may have in relation to the application; and\n> > \n> > > (ii) to deal with any queries that the Regulator may have in relation to accreditation; and\n> > \n> > > (iii) to deal with any queries that the Regulator may have in relation to the safety management system; and\n> \n> > (c) in the case of a rail infrastructure manager who does not own the rail infrastructure—documentary evidence that the manager has, or will have, management and control of the rail infrastructure; and\n> \n> > (d) a description of the operational assets, or classes of operational assets, that the applicant intends to use or manage in the operations in respect of which the application is made, including any stations, signal and train control centres, signalling systems and rolling stock for service and maintenance activities; and\n> \n> > (e) a description of the communications systems and network rules that the applicant intends to use in the operations in respect of which the application is made; and\n> \n> > (f) in the case of a rolling stock operator—documentary evidence that the applicant has, or will have, effective management and control of the operation or movement of the rolling stock on rail infrastructure for a particular railway; and\n> \n> > (g) if electrified railway tracks will be used—details of the electrification; and\n> \n> > (h) details of the consultation undertaken by the applicant in relation to the applicant’s safety management system, including—\n> > \n> > > (i) who was consulted; and\n> > \n> > > (ii) when and how the consultation occurred; and\n> > \n> > > (iii) the results of the consultation; and\n> \n> > (i) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—\n> > \n> > > (i) if the applicant is a body corporate—\n> > > \n> > > > (A) that is a company within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth—in accordance with section 127 of that Act; or\n> > > \n> > > > (B) in any other case—by its governing body;\n> > \n> > > (ii) if the applicant is a partnership—by each partner;\n> > \n> > > (iii) if the applicant is an unincorporated association or body—by its governing body; and\n> \n> > (j) if any of the activities that the applicant intends to carry out under the accreditation are to be carried out by any other person on behalf of the applicant—\n> > \n> > > (i) the name and contact details of each such person; and\n> > \n> > > (ii) details of the activities that it is intended the person will carry out on behalf of the applicant.","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed conditions and restrictions","content":"#### 9 Prescribed conditions and restrictions\n\n9 Prescribed conditions and restrictions\n\n> > (1) For the purposes of section 67(2)(a) (*Determination of application*) of the Law, any accreditation granted to a rail transport operator is subject to the following conditions and restrictions—\n> > \n> > > (a) the operator must notify the Regulator in writing of any of the proposed decisions, proposed events or changes listed in column 2 of the table in accordance with the requirement specified in column 3 of the table with respect to that item—\n> > > \n> > > Table\n> > > \n> > > | Item | Decision, event or change | When notification must be given |\n> > > | 1 | A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks. | As soon as is reasonably practicable after the decision is made. |\n> > > | 2 | The introduction into service of rolling stock of a type not previously operated by the operator, or the re-introduction into service of rolling stock not currently operated by the operator. | At least 28 days before the date the operator intends to introduce or re-introduce the rolling stock into service. |\n> > > | 3 | A change to a safety critical element of existing rolling stock. | At least 28 days before the date the operator intends to bring the change into operation. |\n> > > | 4 | A change to 1 or more of the classes of rail infrastructure used in the operator’s railway operations. | At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service. |\n> > > | 5 | A change to a safety standard for the design of rail infrastructure or rolling stock. | At least 28 days before the date the operator intends to adopt the change. |\n> > > | 6 | The decision to adopt a new safety standard for the design of rail infrastructure or rolling stock. | At least 28 days before the date the operator intends to adopt the new standard. |\n> > > | 7 | A change to the frequency of, or procedures for, the inspection or maintenance of railway infrastructure or rolling stock. | At least 28 days before the date the operator intends to bring the change into effect. |\n> > > | 8 | A change to the network rules relating to the conduct of the operator’s railway operations. | In accordance with the provisions of Part 4 Division 4 of the Regulations. |\n> > > | 9 | A decision to introduce a new network rule relating to the conduct of the operator’s railway operations. | In accordance with the provisions of Part 4 Division 4 of the Regulations. |\n> > > | 10 | A decision to change any work scheduling practices and procedures set out in the operator’s fatigue risk management program. | At least 28 days before the date the operator intends to bring the change into effect. |\n> > > | 11 | The replacement, or a change in the contact details of any person appointed under regulation 8(b). | As soon as is reasonably practicable after it is known the replacement or change will occur. |\n> > > | 12 | A change in the operator’s name or residential address, or the operator’s business or trading name, or in the case of a body corporate, a change in the name or registered business address of the body corporate. | As soon as is reasonably practicable after the change is made. |\n> > \n> > > (b) the operator must ensure that, at all times—\n> > > \n> > > > (i) one of the operator’s directors or managers is available as a contact person should the Regulator wish to communicate with the operator; and\n> > > \n> > > > (ii) the Regulator is provided with sufficient details so that, for any particular time, the Regulator knows who the contact person is and how to contact that person;\n> > \n> > > (c) if it is not possible to comply with any other requirement specified in this subregulation because of an emergency—the operator must provide the Regulator with the required information as soon as is reasonably practicable after the decision is made or the event or the change occurs (as the case may be).\n> \n> > (2) Nothing in subregulation (1) is intended to require an accredited person to notify the Regulator of any matter that is the subject of an application for the variation of the accreditation.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Prescribed details for required notification","content":"#### 10 Prescribed details for required notification\n\n10 Prescribed details for required notification\n\n> For the purposes of sections 67(4)(b)(i) (*Determination of application*) and 69(2)(b)(i) (*Determination of application for variation*) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 8(a).","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Application for variation of accreditation","content":"#### 11 Application for variation of accreditation\n\n11 Application for variation of accreditation\n\n> For the purposes of sections 68(3)(b) (*Application for variation of accreditation*) and 71 (*Variation of conditions and restrictions*) of the Law, an application for a variation of an accreditation, or an application for a variation of a condition or restriction imposed by the Regulator, must contain—\n> \n> > (a) the details required by regulations 8(a) and 8(b); and\n> \n> > (b) details of the scope and nature of the proposed variation; and\n> \n> > (c) details of the changes that will be made to the applicant’s safety management system if the proposed variation occurs; and\n> \n> > (d) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—\n> > \n> > > (i) who was consulted; and\n> > \n> > > (ii) when and how the consultation occurred; and\n> > \n> > > (iii) the results of the consultation; and\n> \n> > (e) evidence to demonstrate that the applicant has the competence and capacity to manage the risks to safety associated with the proposed variation.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of rail infrastructure managers of private sidings","content":"# Part 3 Registration of rail infrastructure managers of private sidings\n\nPart 3 Registration of rail infrastructure managers of private sidings","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Application for registration","content":"#### 12 Application for registration\n\n12 Application for registration\n\n> > (1) For the purposes of section 84(2)(a)(v) (*Application for registration*) of the Law, an application for registration must contain—\n> > \n> > > (a) the following identification details of the applicant—\n> > > \n> > > > (i) the applicant’s name;\n> > > \n> > > > (ii) the applicant’s registered business name and trading name (if different from the registered business name);\n> > > \n> > > > (iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);\n> > > \n> > > > (iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and\n> > \n> > > (b) the name and contact details of the person or persons appointed by the applicant—\n> > > \n> > > > (i) to deal with any queries that the Regulator may have in relation to the application; and\n> > > \n> > > > (ii) to be responsible for registration and to deal with any queries that the Regulator may have in relation to registration; and\n> > \n> > > (c) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—\n> > > \n> > > > (i) if the applicant is a body corporate—\n> > > > \n> > > > > (A) that is a company within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth—in accordance with section 127 of that Act; or\n> > > > \n> > > > > (B) in any other case—by its governing body;\n> > > \n> > > > (ii) if the applicant is a partnership—by each partner;\n> > > \n> > > > (iii) if the applicant is an unincorporated association or body—by its governing body; and\n> > \n> > > (d) if any of the activities that the applicant intends to carry out under the registration are to be carried out by any other person on behalf of the applicant—\n> > > \n> > > > (i) the name and contact details of each such person; and\n> > > \n> > > > (ii) details of the activities that it is intended the person will carry out on behalf of the applicant; and\n> > \n> > > (e) copies of any interface agreement to which the applicant is a party.\n> \n> > (2) For the purposes of section 84(2)(a)(iv)(A) (*Application for registration*) of the Law, if the private siding is to be (or continue to be) connected with, or to have access to, a railway of an accredited person, an application for registration must contain the following details of the accredited person—\n> > \n> > > (a) the person’s name;\n> > \n> > > (b) the person’s registered business name and trading name (if different from the registered business name);\n> > \n> > > (c) the person’s ACN if the person has an ACN (but, if not, the person’s ABN);\n> > \n> > > (d) the person’s residential address or, in the case of a body corporate, registered business address.\n> \n> > (3) For the purposes of section 84(2)(a)(iv)(B) (*Application for registration*) of the Law, if the private siding is to be (or continue to be) connected with, or to have access to, another private siding, an application for registration must contain the following—\n> > \n> > > (a) details about the scale and complexity of the other private siding;\n> > \n> > > (b) details about the extent of the railway track layout and other rail infrastructure of the other private siding;\n> > \n> > > (c) details about the railway operations to be carried out in the other private siding;\n> > \n> > > (d) the name and contact details of the owner of the other private siding.","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Prescribed conditions and restrictions","content":"#### 13 Prescribed conditions and restrictions\n\n13 Prescribed conditions and restrictions\n\n> For the purposes of section 86(2)(a) (*Determination of application*) of the Law, it is a condition of registration that the applicant must establish—\n> \n> > (a) a scheme for the management of risks to safety associated with the railway operations to be carried out in the private siding that provides for—\n> > \n> > > (i) processes for the identification of potential risks to the safety of rail operations carried out by the applicant for the purposes of developing a safety interface agreement; and\n> > \n> > > (ii) so far as is reasonably practicable, processes for the identification of incidents and hazards and the assessment of all possible incidents and hazards identified; and\n> > \n> > > (iii) a description of the control measures adopted by the applicant; and\n> > \n> > > (iv) processes to ensure, so far as is reasonably practicable, that rail safety work is prioritised so that those hazards representing the greatest risk are given priority; and\n> > \n> > > (v) details about how rail infrastructure within the private siding is to be maintained by the applicant; and\n> \n> > (b) a risk register that includes—\n> > \n> > > (i) a comprehensive listing of hazards; and\n> > \n> > > (ii) risks associated with each hazard; and\n> > \n> > > (iii) the control measures applicable to each hazard; and\n> > \n> > > (iv) nomination of the person responsible for each control measure; and\n> > \n> > > (v) key engineering, operational and maintenance standards applicable to each control measure.","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Prescribed details for required notification","content":"#### 14 Prescribed details for required notification\n\n14 Prescribed details for required notification\n\n> > (1) For the purposes of section 86(3)(b)(i) (*Determination of application*) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 12(1)(a).\n> \n> > (2) For the purposes of section 86(3)(b)(ii) (*Determination of application*) of the Law, the prescribed details of the private siding required to be specified in the notification are details of—\n> > \n> > > (a) the location of the private siding; and\n> > \n> > > (b) the railway operations to be carried out in the private siding.\n> \n> > (3) For the purposes of section 88(2)(b)(i) (*Determination of application for variation*) of the Law, the prescribed details about the applicant required to be specified in the notification are the details required by regulation 12(1)(a).","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Application for variation of registration","content":"#### 15 Application for variation of registration\n\n15 Application for variation of registration\n\n> For the purposes of sections 87(3)(b) (*Application for variation of registration*) and 90 (*Variation of conditions and restrictions*) of the Law, an application for a variation of a registration or an application for a variation of a condition or restriction imposed by the Regulator, must contain—\n> \n> > (a) details of the scope and nature of the proposed variation; and\n> \n> > (b) details of the changes that will be made to the applicant’s scheme for the management of risks to safety associated with the railway operations to be carried out in the private siding if the proposed variation occurs; and\n> \n> > (c) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—\n> > \n> > > (i) who was consulted; and\n> > \n> > > (ii) when and how the consultation occurred; and\n> > \n> > > (iii) the results of the consultation.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Safety management","content":"# Part 4 Safety management\n\nPart 4 Safety management","sortOrder":23},{"sectionNumber":"Division 1","sectionType":"division","heading":"Safety management systems","content":"## Division 1 Safety management systems\n\nDivision 1 Safety management systems","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Prescribed requirements for safety management system","content":"#### 16 Prescribed requirements for safety management system\n\n16 Prescribed requirements for safety management system\n\n> > (1) Subject to subregulation (2), a safety management system must provide for all of the matters listed in Schedule 1 that are relevant to the railway operations in respect of which the rail transport operator is accredited, or seeking to be accredited, and must provide a level of detail with respect to each of those matters that is appropriate having regard to the scope, nature and risks to safety of those operations, and to the operator’s duties under section 52 (*Duties of rail transport operators*) of the Law.\n> \n> > (2) A safety management system for a rail transport operator is not required to provide for the matters listed in Schedule 1 clause 20A—\n> > \n> > > (a) if the rail transport operator is a tourist and heritage railway operator; or\n> > \n> > > (b) unless the rail transport operator is, by notice in writing given to the operator, determined by the Regulator to be a rail transport operator whose railway operations are undertaken on, or form part of, the National Network for Interoperability.\n> \n> > (3) In this regulation—\n> > \n> > National Network for Interoperability means the rail network comprised of those rail networks that are specified as the National Network for Interoperability by map or by description (or both), from time to time by the Regulator, following the unanimous approval of the responsible Ministers, by notice in the South Australian Government Gazette and on ONRSR’s website, for the purposes of this definition;\n> > \n> > tourist and heritage railway operator means a rail transport operator determined by the Regulator to be a tourist and heritage railway operator as recorded in the Register for the purposes of this definition.\n> \n> **Reg 16:** Am 2025 (520), reg 4.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Review of safety management system","content":"#### 17 Review of safety management system\n\n17 Review of safety management system\n\n> > (1) A rail transport operator must comply with this regulation in conducting a review of the operator’s safety management system under section 102 (*Review of safety management system*) of the Law.\n> \n> > (2) In conducting the consultation required by section 99(3) (*Safety management system*) of the Law before carrying out the review, the operator must ensure that those consulted are asked for their opinion on whether, and if so, how, the safety management system can be improved.\n> \n> > (3) In conducting the review, the operator must ensure—\n> > \n> > > (a) that the effectiveness of the safety management system is assessed (including an examination of the operator’s records in relation to notifiable occurrences and breaches of the system); and\n> > \n> > > (b) that the effectiveness of any revisions that were made as a result of the last review are assessed; and\n> > \n> > > (c) that any recommendations or issues arising out of any audits or safety investigations that have occurred since the last review are taken into account; and\n> > \n> > > (d) that any issues arising from any prohibition or improvement notices that have been issued since the last review are taken into account; and\n> > \n> > > (e) that any deficiencies in the system are identified; and\n> > \n> > > (f) that methods of remedying any deficiencies are designed and assessed; and\n> > \n> > > (g) that any opinions provided under subregulation (2) are assessed; and\n> > \n> > > (h) that any other suggestions for improving the system that arise during the course of the review are assessed; and\n> > \n> > > (i) if any deficiencies or practicable improvements are identified—that a plan is created to remedy those deficiencies or effect those improvements (as the case may be).\n> \n> > (4) The outcomes of the review must be summarised and reported in the safety performance report required by section 103 (*Safety performance reports*) of the Law.","sortOrder":26},{"sectionNumber":"Division 2","sectionType":"division","heading":"Security management plans","content":"## Division 2 Security management plans\n\nDivision 2 Security management plans","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Security management plan","content":"#### 18 Security management plan\n\n18 Security management plan\n\n> For the purposes of section 112 (*Security management plan*) of the Law, a security management plan must include—\n> \n> > (a) a list of the risks arising from the matters specified in section 112(1)(a) of the Law; and\n> \n> > (b) a description of the preventative and response measures to be used to manage those risks, including a description of the policies, procedures and equipment and other physical resources that it is proposed to use for those measures, and of the training that it is proposed to provide; and\n> \n> > (c) if the rail transport operator shares a location (such as a modal interchange or port) with 1 or more other transport operators—a description of the arrangements made with those other transport operators in relation to that location to prevent or respond to security incidents; and\n> \n> > (d) procedures for the recording, reporting and analysis of security incidents; and\n> \n> > (e) the allocation of security roles and responsibilities to appropriate people; and\n> \n> > (f) provision for liaison, the sharing of information and for joint operations with emergency services, and with other transport operators who may be affected by the implementation of the plan; and\n> \n> > (g) provision for the evaluation, testing and (if necessary) the revision, of security measures and procedures.","sortOrder":28},{"sectionNumber":"Division 3","sectionType":"division","heading":"Emergency management plans","content":"## Division 3 Emergency management plans\n\nDivision 3 Emergency management plans","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Emergency management plan","content":"#### 19 Emergency management plan\n\n19 Emergency management plan\n\n> > (1) For the purposes of section 113(2)(b)(ii) (*Emergency management plan*) of the Law, when preparing an emergency management plan, a rail transport operator must consult (in addition to the people specified in section 99(3) (*Safety management system*) of the Law) with—\n> > \n> > > (a) any government agency with emergency management functions with respect to the area to which the plan relates; and\n> > \n> > > (b) any other rail transport operator who may be affected by the implementation of the plan; and\n> > \n> > > (c) any of the following that may be required to assist in the implementation of the plan—\n> > > \n> > > > (i) an entity (whether publicly or privately owned) that provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of a participating jurisdiction or the Commonwealth;\n> > > \n> > > > (ii) a person who, under the authority of an Act of a participating jurisdiction, is permitted to own or use a pipeline, or is licensed to construct or operate a pipeline;\n> > > \n> > > > (iii) a provider of public transport.\n> \n> > (2) An emergency management plan prepared for the purposes of section 113 (*Emergency management plan*) of the Law must address—\n> > \n> > > (a) the types or classes of foreseeable emergencies; and\n> > \n> > > (b) the consequences of each type or class of those emergencies, including estimates of the likely magnitude and severity of the effects of each type or class; and\n> > \n> > > (c) the risks to safety arising from those emergencies; and\n> > \n> > > (d) methods to mitigate the effects of those emergencies; and\n> > \n> > > (e) initial response procedures for dealing with those emergencies and the provision of rescue services; and\n> > \n> > > (f) recovery procedures for the restoration of railway operations and the assistance of people affected by the occurrence of those emergencies; and\n> > \n> > > (g) the allocation of emergency management roles and responsibilities within the rail transport operator’s organisation, and between the operator and other organisations; and\n> > \n> > > (h) call out procedures; and\n> > \n> > > (i) the allocation of personnel for the on site management of those emergencies; and\n> > \n> > > (j) procedures for liaison with relevant emergency services, including information about the circumstances in which the emergency services are to be immediately contacted; and\n> > \n> > > (k) procedures to ensure that emergency services are provided with all the information that is reasonably required to enable them to respond effectively to an emergency; and\n> > \n> > > (l) procedures for effective communications and cooperation throughout the emergency response; and\n> > \n> > > (m) procedures for ensuring site security and the preservation of evidence.","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Keeping, maintaining and testing emergency management plan","content":"#### 20 Keeping, maintaining and testing emergency management plan\n\n20 Keeping, maintaining and testing emergency management plan\n\n> > (1) A rail transport operator must ensure, so far as is reasonably practicable, that all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the emergency management plan—\n> > \n> > > (a) are provided with information (including by way of briefings and appropriate education programs) about the relevant elements of the plan; and\n> > \n> > > (b) are able to do anything that may be required of them under the plan.\n> \n> > (2) The rail transport operator must test the emergency management plan, or elements of the plan, to ensure that the plan remains effective—\n> > \n> > > (a) at the intervals set out in the plan; and\n> > \n> > > (b) after any significant changes are made to the plan.\n> \n> > (3) In preparing an emergency management plan, the rail transport operator must, if it is reasonably practicable to do so, determine intervals for the purposes of subregulation (2)(a) in conjunction with the emergency services.\n> \n> > (4) When testing the emergency management plan, or elements of the plan, the rail transport operator must, so far as is reasonably practicable, arrange for participation in the testing by the relevant emergency services.\n> \n> > (5) The rail transport operator must ensure that in-house exercises to test the emergency management plan are undertaken as often as is necessary, in the opinion of the operator, to ensure that the plan will be properly implemented should an emergency arise.\n> \n> > (6) A rail transport operator must ensure that the emergency management plan is comprehensible, and is readily accessible at all times, to—\n> > \n> > > (a) all employees of the operator, and all contractors engaged by the operator, who may be required to implement any emergency response procedures in the plan; and\n> > \n> > > (b) all other rail transport operators who may be affected by the plan; and\n> > \n> > > (c) any person or body referred to in regulation 19(1)(c); and\n> > \n> > > (d) emergency services.","sortOrder":31},{"sectionNumber":"Division 4","sectionType":"division","heading":"Network rules","content":"## Division 4 Network rules\n\nDivision 4 Network rules","sortOrder":32},{"sectionNumber":"21","sectionType":"section","heading":"Interpretation","content":"#### 21 Interpretation\n\n21 Interpretation\n\n> In this Division—\n> \n> amendment of network rules includes removing, adding or substituting a rule;\n> \n> stakeholders, in relation to railway operations in respect of which a rail infrastructure manager is required to be accredited, means—\n> \n> > (a) rolling stock operators who operate or move rolling stock on rail infrastructure of the manager; and\n> \n> > (b) any other rail infrastructure managers of rail infrastructure that connects with or has access to the rail infrastructure of the manager; and\n> \n> > (c) if the safety of the railway operations of any other rail infrastructure managers may be affected by the network rules of the manager—those other rail infrastructure managers; and\n> \n> > (d) persons likely to be affected by the network rules of the rail infrastructure manager, being persons who—\n> > \n> > > (i) carry out the railway operations in respect of which the manager is required to be accredited; or\n> > \n> > > (ii) work on or at the manager’s railway premises; or\n> > \n> > > (iii) carry out the operation or movement of rolling stock on rail infrastructure of the manager; and\n> \n> > (e) health and safety representatives (within the meaning of the occupational health and safety legislation) representing any of the persons referred to in paragraph (d); and\n> \n> > (f) any union representing any of the persons referred to in paragraph (d).","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Establishing and amending network rules","content":"#### 22 Establishing and amending network rules\n\n22 Establishing and amending network rules\n\n> > (1) Subject to regulation 23, a rail infrastructure manager must, before establishing or amending network rules in relation to railway operations in respect of which the manager is required to be accredited—\n> > \n> > > (a) give written notice of the proposed rules or proposed amendment to—\n> > > \n> > > > (i) the Regulator; and\n> > > \n> > > > (ii) so far as is reasonably practicable, the stakeholders; and\n> > \n> > > (b) specify the date (being not earlier than 28 days after the notice is given) by which submissions may be made to the rail infrastructure manager about the proposed rules or proposed amendment; and\n> > \n> > > (c) specify the date (being not earlier than 28 days after the date on which submissions close) on which it is proposed to commence the rules or the amendment.\n> > \n> > Maximum penalty—$10 000.\n> \n> > (2) The rail infrastructure manager must consider all submissions received under subregulation (1) and determine whether to proceed with the proposed network rules or proposed amendment to the network rules.","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Emergency amendments to network rules","content":"#### 23 Emergency amendments to network rules\n\n23 Emergency amendments to network rules\n\n> > (1) This regulation applies if a rail infrastructure manager identifies an immediate risk to safety resulting from exceptional circumstances or an emergency that requires an amendment to the manager’s network rules.\n> \n> > (2) The rail infrastructure manager may amend the network rules if the manager complies with this regulation.\n> \n> > (3) Before making the amendment, the rail infrastructure manager must—\n> > \n> > > (a) take reasonable steps to notify the stakeholders of the proposed amendment and the reasons for that change; and\n> > \n> > > (b) take appropriate steps to mitigate any reasonably foreseeable adverse consequences arising from implementation of the proposed amendment without stakeholders being informed of the amendment; and\n> > \n> > > (c) notify the Regulator of the proposed emergency amendment in the manner approved by the Regulator for the purpose of this regulation.\n> \n> > (4) An amendment made under this regulation ceases to have effect 180 days after it is implemented, unless the rail infrastructure manager complies with regulation 22.\n> \n> > (5) A rail infrastructure manager that implements an amendment under this regulation to deal with temporary circumstances must withdraw the amendment if circumstances change so that the amendment is no longer necessary, or the circumstances no longer exist.\n> \n> > (6) A rail infrastructure manager who withdraws an amendment to the network rules under subregulation (5) must—\n> > \n> > > (a) take reasonable steps to notify the stakeholders; and\n> > \n> > > (b) notify the Regulator in the manner approved by the Regulator for the purposes of this regulation.","sortOrder":35},{"sectionNumber":"Division 5","sectionType":"division","heading":"Interface agreements","content":"## Division 5 Interface agreements\n\nDivision 5 Interface agreements","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Interface coordination—rail infrastructure and public roads","content":"#### 24 Interface coordination—rail infrastructure and public roads\n\n24 Interface coordination—rail infrastructure and public roads\n\n> For the purposes of section 107 (*Interface coordination—rail infrastructure and public roads*) of the Law, the following public roads are prescribed public roads—\n> \n> > (a) the Kwinana Freeway between its northern extremity and where it intersects Thomas Road, Bertram in Western Australia;\n> \n> > (b) the Mitchell Freeway in Western Australia.","sortOrder":37},{"sectionNumber":"25","sectionType":"section","heading":"Interface coordination—rail infrastructure and private roads","content":"#### 25 Interface coordination—rail infrastructure and private roads\n\n25 Interface coordination—rail infrastructure and private roads\n\n> For the purposes of section 108(1)(b) (Interface coordination—rail infrastructure and private roads) of the Law, a protocol made under section 21 of the AustralAsia Railway (Special Provisions) Act 1999 of the Northern Territory, as in force from time to time (and published in the Northern Territory Government Gazette under that section), is prescribed.\n> \n> **Reg 25:** Subst 2020 (322), reg 4.","sortOrder":38},{"sectionNumber":"Division 6","sectionType":"division","heading":"Disclosure of train safety recordings","content":"## Division 6 Disclosure of train safety recordings\n\nDivision 6 Disclosure of train safety recordings","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of train safety recordings","content":"#### 26 Disclosure of train safety recordings\n\n26 Disclosure of train safety recordings\n\n> > (1) For the purposes of section 131(e) (*Disclosure of train safety recordings*) of the Law, a train safety recording may be published or communicated by and to the persons set out in subregulation (2), for the following purposes—\n> > \n> > > (a) the analysis or monitoring of railway operations or rail safety or related matters;\n> > \n> > > (b) without limiting paragraph (a), the auditing of compliance by rail safety workers with any systems, procedures, instructions, orders, notices or undertakings relating to the carrying out of railway operations.\n> \n> > (2) A train safety recording may be published or communicated by—\n> > \n> > > (a) a rail transport operator, or an employee or a contractor of the operator, to another rail transport operator or an employee or a contractor of another operator; or\n> > \n> > > (b) an employee or contractor of a rail transport operator to the operator or another employee or contractor of the operator; or\n> > \n> > > (c) a rail transport operator to an employee or contractor of the operator.\n> \n> > (3) For the purposes of section 131(e) (*Disclosure of train safety recordings*) of the Law, a train safety recording may be published or communicated by or on behalf of a rail transport operator to the Regulator.","sortOrder":40},{"sectionNumber":"Part 5","sectionType":"part","heading":"Rail safety workers","content":"# Part 5 Rail safety workers\n\nPart 5 Rail safety workers","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Health and fitness management program","content":"#### 27 Health and fitness management program\n\n27 Health and fitness management program\n\n> For the purposes of section 114 (*Health and fitness management program*) of the Law, a rail transport operator must have, and must implement, a health and fitness program for rail safety workers that complies with the National Standard for Health Assessment of Rail Safety Workers, published by the National Transport Commission, as amended from time to time.","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Drug and alcohol management program","content":"#### 28 Drug and alcohol management program\n\n28 Drug and alcohol management program\n\n> > (1) For the purposes of section 115 (*Drug and alcohol management program*) of the Law, a drug and alcohol management program of a rail transport operator must include the following—\n> > \n> > > (a) a drug and alcohol policy that sets out the objectives of the rail transport operator with respect to drug and alcohol management in the workplace;\n> > \n> > > (b) systems and procedures for the provision of information and education to rail safety workers in relation to the drug and alcohol management program;\n> > \n> > > (c) systems and procedures to ensure the confidentiality of personal information obtained from, or in respect of, a rail safety worker in relation to drug or alcohol testing, counselling, treatment or rehabilitation;\n> > \n> > > (d) details of the drug and alcohol testing regime, including testing procedures and procedures for the management of rail safety workers in respect of the results of such testing and systems and procedures in relation to the response of the rail transport operator to an incident of a kind specified in subregulation (1b) or a prescribed incident (as the case requires);\n> > \n> > > (e) measures in accordance with subregulation (6).\n> \n> > (1a) For the purposes of subregulation (1)(d), the drug and alcohol testing regime of a rail transport operator required to be accredited in respect of railway operations carried out outside New South Wales must include a requirement that if a rail safety worker is involved, or is reasonably suspected of having been involved, in an incident of a kind specified in subregulation (1b) while carrying out rail safety work outside New South Wales in respect of the operator’s railway operations, the operator must require the worker to undergo drug and alcohol testing, in accordance with the requirements of the operator’s drug and alcohol management program, unless—\n> > \n> > > (a) the drug and alcohol testing has been conducted by a police officer or the Regulator; or\n> > \n> > > (b) the operator is notified by the Regulator that the drug or alcohol testing is not required; or\n> > \n> > > (c) there is a reasonable excuse for not doing so.\n> \n> > (1b) For the purposes of subregulation (1a), an incident of the following kind is specified—\n> > \n> > > (a) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 1, other than an incident that involves self-harm or suspected self-harm;\n> > \n> > > (b) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 2;\n> > \n> > > (c) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 4;\n> > \n> > > (d) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 5;\n> > \n> > > (e) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 7;\n> > \n> > > (f) a Category A notifiable occurrence specified in Schedule 1A Part 1 clause 13.\n> \n> > (2) For the purposes of subregulation (1)(d), the drug and alcohol testing regime of a rail transport operator required to be accredited in respect of railway operations carried out within New South Wales must include the following—\n> > \n> > > (a) in relation to drug and alcohol testing—\n> > > \n> > > > (i) in each year on a random basis using risk management principles to select rail safety workers (being not less than 25% of all rail safety workers carrying out rail safety work within New South Wales in relation to the operator’s railway operations), the operator must require the workers to submit to a preliminary breath test, a breath analysis or a test for the presence of a drug; and\n> > > \n> > > > (ii) if a rail safety worker is involved, or is reasonably suspected of having been involved, in a prescribed incident while carrying out rail safety work within New South Wales in respect of the operator’s railway operations, the operator must, unless there is a reasonable excuse for not doing so, require the worker to undergo, within 3 hours immediately after the incident, drug and alcohol testing; and\n> > > \n> > > > (iii) that testing referred to in either of the preceding subparagraphs must be carried out by an authorised person engaged by the operator for that purpose;\n> > \n> > > (b) that the operator must notify the Regulator, within 7 days, or such longer period as may be specified by the Regulator, and in a form approved by the Regulator, of—\n> > > \n> > > > (i) an analysis of blood confirming the presence of a drug in the blood of a rail safety worker; and\n> > > \n> > > > (ii) an analysis of blood confirming that the prescribed concentration of alcohol is present in the rail safety worker’s blood; and\n> > > \n> > > > (iii) an analysis of urine confirming the presence of a drug in the urine of a rail safety worker; and\n> > > \n> > > > (iiia) an oral fluid analysis confirming the presence of a drug in the oral fluid of a rail safety worker; and\n> > > \n> > > > (iv) a breath test indicating that the prescribed concentration of alcohol is present in a rail safety worker’s breath or blood; and\n> > > \n> > > > (v) a breath analysis confirming that the prescribed concentration of alcohol is present in a rail safety worker’s breath or blood; and\n> > > \n> > > > (vi) any rail safety worker who, when required to do so under the drug and alcohol management program of the operator, fails to undergo a breath test, undergo a breath analysis, or provide a sample of blood, urine or oral fluid; and\n> > > \n> > > > (vii) any incident or suspected incident involving the interference or tampering with, or the destruction of, a sample of a person’s blood, urine or oral fluid provided or taken under the drug and alcohol management program of the operator in contravention of that program; and\n> > > \n> > > > (viii) any incident or suspected incident involving something being done in contravention of the drug and alcohol management program of the operator to introduce, or alter the concentration of, alcohol or any other drug in a rail safety worker’s breath, blood, urine or oral fluid before the worker submitted to a breath analysis or oral fluid analysis or provided a sample of blood or urine under that program.\n> \n> > (3) Subregulation (2)(a)(i) does not apply to the railway operations of a rail transport operator insofar as those operations relate to the operation of a heritage railway.\n> \n> > (4) Subregulations (1a) and (2)(a)(ii) place an evidential burden on the accused to show a reasonable excuse.\n> \n> > (5) The drug and alcohol management program of a rail transport operator must provide for the following measures to be taken by or on behalf of the operator—\n> > \n> > > (a) the establishment of rules relating to the use of drugs and alcohol by rail safety workers (including prohibitions and restrictions on use);\n> > \n> > > (b) the identification of rail safety workers who have alcohol or other drug related problems and, where appropriate, referral of those workers to assessment, treatment, counselling or rehabilitation.\n> \n> > (6) The drug and alcohol management program of a rail transport operator must set out the obligations of rail safety workers with respect to the management of alcohol and other drug use and the actions that may be taken by the operator if there is a breach of those obligations, including the following—\n> > \n> > > (a) a requirement that a rail safety worker notify the operator, or a nominated person, if the worker is aware that the ability of the worker, or another worker, to carry out rail safety work may be impaired by alcohol or any other drug;\n> > \n> > > (b) the provision of education and rehabilitation measures for rail safety workers, including provision for information to be provided about referral to counselling, treatment and rehabilitation services where appropriate;\n> > \n> > > (c) the provision of information to rail safety workers about their responsibilities and obligations in relation to alcohol and other drug use under an application Act of a participating jurisdiction and the Law;\n> > \n> > > (d) the provision of information to rail safety workers with respect to the effect of alcohol and other drugs and the possible disciplinary action and other penalties that may apply if a rail safety worker fails to comply with the drug and alcohol management program;\n> > \n> > > (e) appeals and grievance mechanisms for dealing with complaints about the application of disciplinary action and other penalties, or the implementation of the drug and alcohol management program;\n> > \n> > > (f) protocols for fair procedures relating to the operation of the drug and alcohol management program.\n> \n> > (7) For the purposes of this regulation—\n> > \n> > heritage railway means a railway operation principally involving the restoration, preservation or operation of vintage rolling stock;\n> > \n> > prescribed incident, in relation to a rail transport operator required to be accredited in respect of railway operations carried out within New South Wales, means any of the following that occurs on railway premises (being premises used in connection with the carrying out of railway operations by the operator in New South Wales)—\n> > \n> > > (a) a collision between rolling stock;\n> > \n> > > (b) a collision between rolling stock and a person;\n> > \n> > > (c) a collision between rolling stock and a road vehicle or plant equipment;\n> > \n> > > (d) the derailment of rolling stock;\n> > \n> > > (e) a breach of the rail infrastructure manager’s network rules;\n> > \n> > > (f) any other incident that the Regulator may, by notice in writing to a rail transport operator, declare to be a type of prescribed incident in respect of the operator’s railway operations.\n> \n> **Reg 28:** Am 2019 (263), reg 5 (1)–(4); 2022 (269), reg 6(1)–(6); 2024 (639), reg 4(1)–(5).","sortOrder":43},{"sectionNumber":"29","sectionType":"section","heading":"Fatigue risk management program","content":"#### 29 Fatigue risk management program\n\n29 Fatigue risk management program\n\n> > (1) For the purposes of section 116 (*Fatigue risk management program*) of the Law, when preparing a fatigue risk management program, a rail transport operator must take into account, and assess, any fatigue-related risks to safety arising from factors, including the following—\n> > \n> > > (a) scheduling of work and non-work periods, including time-on-task and rest opportunities in shifts and the total period of time in which work is being carried out;\n> > \n> > > (b) call-in, on-call and lift-up and lay-back arrangements and extended hours of work, including overtime;\n> > \n> > > (c) the impact of work scheduling and relief practices generally on social and psychological factors that may impact on performance and safety, including the effect of scheduling practices, schedule predictability and irregularity and control over work hours on sleep loss, performance and safety;\n> > \n> > > (d) physiological factors arising out of work practices affecting rail safety workers, such as the effect on worker alertness and recovery of the time when work is undertaken, the length and frequency of breaks, commuting time, circadian effects, extended wakefulness, chronic sleep loss effects, and sleep inertia;\n> > \n> > > (e) the kinds of rail safety work being carried out, including—\n> > > \n> > > > (i) work that requires significant physical exertion or high cognitive task demand; and\n> > > \n> > > > (ii) the degree of monotony or boredom or low cognitive task demand of the work;\n> > \n> > > (f) the variations in shifts and rest periods that may be required by different rail safety work requirements, including different routes, crew-call practices and predictability of working hours;\n> > \n> > > (g) the suitability of rest environments, including barracks, rest houses and relay vans provided for rail safety workers by the operator;\n> > \n> > > (h) the physical environment in which rail safety work is to be carried out, including climatic conditions, noise, vibration and fumes;\n> > \n> > > (i) fatigue risks arising from any one-off or occasional circumstances in which rail safety work may be required to be carried out, including in emergencies or under degraded or abnormal conditions, subject to the working hours being dependent on the rail safety workers’ indication of their fitness to continue;\n> > \n> > > (j) relevant developments in research related to fatigue and any technology that may be applied to manage work-related fatigue.\n> \n> > (2) A rail transport operator’s fatigue risk management program must establish and maintain documented procedures to manage, so far as is reasonably practicable, fatigue related risks, including—\n> > \n> > > (a) specified work scheduling practices and procedures that provide for—\n> > > \n> > > > (i) safe hours of work; and\n> > > \n> > > > (ii) safe periods of time between shifts; and\n> > > \n> > > > (iii) sufficient rail safety workers to be available to meet reasonably foreseeable demands for relief arrangements; and\n> > \n> > > (b) provisions for monitoring of hours of work, in particular—\n> > > \n> > > > (i) procedures for monitoring how actual hours of work of rail safety workers compare with planned hours of work for rail safety workers; and\n> > > \n> > > > (ii) procedures for monitoring the impact to changes to planned rosters due to shift swapping, overtime and on-call working; and\n> > \n> > > (c) provision of appropriate education and information in relation to the identification and management of fatigue risks that are relevant to the rail safety work being undertaken.\n> \n> > (3) For the purposes of subregulation (2)(a)(i) and (ii), hours of work or periods of time between shifts are taken to be safe if the effect of implementing those hours or periods is sufficient to manage risks arising from fatigue so far as is reasonably practicable.\n> \n> > (4) In addition to the requirements of the preceding subregulations, if a rail safety worker carries out rail safety work that includes—\n> > \n> > > (a) work of a kind referred to in Schedule 2 Part 1 in connection with railway operations in New South Wales in respect of which a rail transport operator is required to be accredited—the operator must comply at least with the work scheduling practices and procedures set out in Schedule 2 Part 1, insofar as the worker is required to carry out any rail safety work in New South Wales; or\n> > \n> > > (b) work of a kind referred to in Schedule 2 Part 2 in connection with railway operations in Queensland in respect of which a rail transport operator is required to be accredited—the operator must comply at least with the work scheduling practices and procedures set out in Schedule 2 Part 2, insofar as the worker is required to carry out any rail safety work in Queensland.\n> > \n> > Note\n> > \n> > The requirements of Schedule 2 do not preclude other conditions of work (such as shorter or less frequent shifts than those specified in the Schedule) from being provided by a rail transport operator to which this subregulation applies for the purposes of managing fatigue related risks.\n> \n> > (5) In this regulation—\n> > \n> > lift-up and lay-back arrangement means an arrangement where a rail safety worker commences a shift at an earlier or later time than the time for which the worker was originally rostered.\n> \n> **Reg 29:** Am 2017 (259), reg 4.","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Records of competence","content":"#### 30 Records of competence\n\n30 Records of competence\n\n> For the purposes of section 117(6) (*Assessment of competence*) of the Law, a rail transport operator must maintain records of the competence of rail safety workers who carry out rail safety work on or in relation to the operator’s rail infrastructure or rolling stock that include details of—\n> \n> > (a) the rail safety training undertaken by each rail safety worker, including when the training was undertaken and its duration; and\n> \n> > (b) the qualifications and competencies of each rail safety worker, including, if applicable—\n> > \n> > > (i) the units of competence attained by the worker; and\n> > \n> > > (ii) the level of qualification attained; and\n> > \n> > > (iii) if and when a re-assessment of competence is to be conducted; and\n> > \n> > > (iv) if and when re-training is due; and\n> > \n> > > (v) the date any re-training is undertaken; and\n> \n> > (c) the name of the organisation who conducted the training or re-training; and\n> \n> > (d) the name and qualifications of the person who assessed the competence of the rail safety worker.","sortOrder":45},{"sectionNumber":"Part 6","sectionType":"part","heading":"Exemptions granted by Regulator","content":"# Part 6 Exemptions granted by Regulator\n\nPart 6 Exemptions granted by Regulator","sortOrder":46},{"sectionNumber":"31","sectionType":"section","heading":"Application for exemption","content":"#### 31 Application for exemption\n\n31 Application for exemption\n\n> For the purposes of section 205(2)(c) (*Application for exemption*) of the Law, an application for an exemption must contain—\n> \n> > (a) the following identification details of the applicant—\n> > \n> > > (i) the applicant’s name;\n> > \n> > > (ii) the applicant’s registered business name and trading name (if different from the registered business name);\n> > \n> > > (iii) the applicant’s ACN if the applicant has an ACN (but, if not, the applicant’s ABN);\n> > \n> > > (iv) the applicant’s residential address or, in the case of a body corporate, registered business address; and\n> \n> > (b) the name and contact details of the person or persons appointed by the applicant—\n> > \n> > > (i) to deal with any queries that the Regulator may have in relation to the application; and\n> > \n> > > (ii) to be responsible for the exemption and to deal with any queries that the Regulator may have in relation to the exemption; and\n> \n> > (c) if the applicant is not an individual—evidence that the application has been submitted to and endorsed—\n> > \n> > > (i) if the applicant is a body corporate—\n> > > \n> > > > (A) that is a company within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth—in accordance with section 127 of that Act; or\n> > > \n> > > > (B) in any other case—by its governing body;\n> > \n> > > (ii) if the applicant is a partnership—by each partner;\n> > \n> > > (iii) if the applicant is an unincorporated association or body—by its governing body; and\n> \n> > (d) if any of the activities that the applicant intends to carry out in respect of which the exemption is sought are to be carried out by another person on behalf of the applicant—\n> > \n> > > (i) the name and contact details of each such person; and\n> > \n> > > (ii) details of the activities that it is intended that the person will carry out on behalf of the applicant; and\n> \n> > (e) evidence of the applicant’s competence and capacity to manage risks to safety associated with the railway operations in respect of which the exemption is sought; and\n> \n> > (f) evidence of the applicant’s financial capacity, or public risk insurance arrangements, to meet reasonable potential accident liabilities arising from the railway operations in respect of which the exemption is sought.","sortOrder":47},{"sectionNumber":"32","sectionType":"section","heading":"Prescribed details for required notification","content":"#### 32 Prescribed details for required notification\n\n32 Prescribed details for required notification\n\n> > (1) For the purposes of section 207(3)(b)(i) (*Determination of application*) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 31(a).\n> \n> > (2) For the purposes of section 209(2)(b)(i) (*Determination of application for variation*) of the Law, the prescribed details of the applicant required to be specified in the notification are the details required by regulation 31(a).","sortOrder":48},{"sectionNumber":"33","sectionType":"section","heading":"Application for variation of an exemption","content":"#### 33 Application for variation of an exemption\n\n33 Application for variation of an exemption\n\n> For the purposes of sections 208(3)(b) (*Application for variation of an exemption*) and 211 (*Variation of conditions and restrictions*) of the Law, an application for a variation of an exemption, or an application for a variation of a condition or restriction imposed by the Regulator, must contain—\n> \n> > (a) details of the scope and nature of the proposed variation; and\n> \n> > (b) details of the changes that will be made to the applicant’s scheme for the management of risks to safety associated with the railway operations to be carried out if the proposed variation occurs; and\n> \n> > (c) details of any consultation that has occurred with the parties who might be affected by the proposed variation, including—\n> > \n> > > (i) who was consulted; and\n> > \n> > > (ii) when and how the consultation occurred; and\n> > \n> > > (iii) the results of the consultation.","sortOrder":49},{"sectionNumber":"Part 7","sectionType":"part","heading":"Infringement penalty provisions","content":"# Part 7 Infringement penalty provisions\n\nPart 7 Infringement penalty provisions","sortOrder":50},{"sectionNumber":"34","sectionType":"section","heading":"Infringement penalty provisions","content":"#### 34 Infringement penalty provisions\n\n34 Infringement penalty provisions\n\n> For the purposes of these regulations, an infringement penalty provision is a provision of these regulations specified in an item in the Table at the foot of this regulation.\n> \n> | Item | Infringement penalty provision | Infringement penalty |\n> | 1 | Regulation 22 (Establishing and amending network rules) | $1 000 |","sortOrder":51},{"sectionNumber":"Part 8","sectionType":"part","heading":"Application of certain South Australian Acts to the Law","content":"# Part 8 Application of certain South Australian Acts to the Law\n\nPart 8 Application of certain South Australian Acts to the Law","sortOrder":52},{"sectionNumber":"35","sectionType":"section","heading":"Interpretation","content":"#### 35 Interpretation\n\n35 Interpretation\n\n> In this Division—\n> \n> FOI Act means the Freedom of Information Act 1991 of South Australia.","sortOrder":54},{"sectionNumber":"36","sectionType":"section","heading":"Application of FOI Act","content":"#### 36 Application of FOI Act\n\n36 Application of FOI Act\n\n> For the purposes of section 263 (*Application of certain South Australian Acts to this Law*) of the Law, this Division sets out modifications of the FOI Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Modifications of FOI Act for purposes of national rail safety scheme","content":"#### 37 Modifications of FOI Act for purposes of national rail safety scheme\n\n37 Modifications of FOI Act for purposes of national rail safety scheme\n\n> The FOI Act applies—\n> \n> > (a) as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act 1972 of South Australia;\n> \n> > (b) section 4(1), definition of agency—as if the following paragraph were inserted after paragraph (f) of the definition—\n> > \n> > > > (fa) the Office of the National Rail Safety Regulator (ONRSR); or\n> \n> > (c) section 4(1), definition of government—as if government referred to the government of each participating jurisdiction;\n> \n> > (d) section 4(1)—as if the following definition were inserted after the definition of officer—\n> > \n> > > participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;\n> \n> > (e) section 4(1), definition of State Government agency—as if the ONRSR were excluded from the definition;\n> \n> > (ea) section 4(1)—as if the following definitions were inserted after the definition of principal officer—\n> > \n> > Rail Safety National Law means—\n> > \n> > > (a) the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a), as amended from time to time, set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012, as it applies as a law of a participating jurisdiction; or\n> > \n> > > (b) a law of a participating jurisdiction, as in force from time to time, that—\n> > > \n> > > > (i) substantially corresponds to the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a) set out in the Schedule to the Rail Safety National Law (South Australia) Act 2012; or\n> > > \n> > > > (ii) is prescribed by the [Rail Safety National Law National Regulations 2012](/view/html/inforce/current/sl-2012-0617) for the purposes of paragraph (c) of the definition of participating jurisdiction;\n> > \n> > Regulator means the Regulator appointed under the [Rail Safety National Law](/view/html/inforce/current/act-2012-82a);\n> \n> > (f) section 9(1a)—as if subsection (1a) were deleted and the following subsection substituted—\n> > \n> > > > (1a) ONRSR must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in ONRSR’s annual report and on ONRSR’s website.\n> \n> > (g) section 21(1)(b)—as if the reference to Parliament were a reference to the Parliament of a participating jurisdiction;\n> \n> > (h) section 53(2)(b)—as if paragraph (b) were deleted;\n> \n> > (i) as if section 54AA were deleted and the following section substituted—\n> \n> > (j) Schedule 1—as if a reference to Cabinet were a reference to the Cabinet of a participating jurisdiction;\n> \n> > (k) Schedule 1—as if a reference to Executive Council were a reference to the Executive Council (by whatever name) of a participating jurisdiction;\n> \n> > (ka) Schedule 1, clause 4(2)(a)(iii)—as if “revenue law” were deleted and “rail safety law” were substituted;\n> \n> > (kb) Schedule 1, clause 4(2)(a)(iv)—as if “or managing rail safety” were inserted after “public safety”;\n> \n> > (kc) Schedule 1, clause 7(1)(c)(ii)(A)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator” were substituted;\n> \n> > (kd) Schedule 1, clause 9(1)(a)(ii)—as if “including by, or with, a committee of ONRSR” were inserted after “taken place”;\n> \n> > (ke) Schedule 1, clause 9(1)(a)—as if “an agency” were deleted and “ONRSR or the Regulator” were substituted;\n> \n> > (kf) Schedule 1, clause 13(1)(b)(i)—as if “the Government or to an agency” were deleted and “ONRSR or the Regulator in a co-regulatory environment” were substituted;\n> \n> > (l) Schedule 1, clause 13(2) to (7)—as if subclauses (2) to (7) (inclusive) were deleted;\n> \n> > (la) Schedule 1—as if the following clauses were inserted after clause 19—\n> \n> > (m) with any other modifications that are necessary.\n> \n> **Reg 37:** Am 2019 (263), reg 6 (1)–(3); 2021 (235), reg 4; 2022 (317), reg 4.","sortOrder":56},{"sectionNumber":"38","sectionType":"section","heading":"Conferral of jurisdiction on District Court of South Australia","content":"#### 38 Conferral of jurisdiction on District Court of South Australia\n\n38 Conferral of jurisdiction on District Court of South Australia\n\n> For the purposes of the FOI Act as applied under section 263 of the Law, the District Court of South Australia has jurisdiction under Part 5 Division 2 of the FOI Act to hear and determine an appeal from the ONRSR or a person in a participating jurisdiction insofar as that appeal is made under a law of a participating jurisdiction.","sortOrder":61},{"sectionNumber":"39","sectionType":"section","heading":"Modification of Freedom of Information (Fees and Charges) Regulations","content":"#### 39 Modification of Freedom of Information (Fees and Charges) Regulations\n\n39 Modification of Freedom of Information (Fees and Charges) Regulations\n\n> The Freedom of Information (Fees and Charges) Regulations 2003 of South Australia apply—\n> \n> > (a) regulation 3, definition of concession cardholder, (a)(ii)—as if subparagraph (ii) were deleted and the following subparagraph substituted—\n> > \n> > > > (ii) issued by a participating jurisdiction,\n> \n> > (b) regulation 6—as if the regulation were deleted.","sortOrder":62},{"sectionNumber":"40","sectionType":"section","heading":"Disapplication of other regulations","content":"#### 40 Disapplication of other regulations\n\n40 Disapplication of other regulations\n\n> The Freedom of Information (Exempt Agency) Regulations 2008 and the Freedom of Information (General) Regulations 2002 do not apply as laws of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":63},{"sectionNumber":"41","sectionType":"section","heading":"Interpretation","content":"#### 41 Interpretation\n\n41 Interpretation\n\n> In this Division—\n> \n> Ombudsman Act means the Ombudsman Act 1972 of South Australia.","sortOrder":65},{"sectionNumber":"42","sectionType":"section","heading":"Application of Ombudsman Act","content":"#### 42 Application of Ombudsman Act\n\n42 Application of Ombudsman Act\n\n> For the purposes of section 263 (*Application of certain South Australian Acts to this Law*) of the Law, this Division sets out modifications of the Ombudsman Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":66},{"sectionNumber":"43","sectionType":"section","heading":"Modifications of Ombudsman Act for purposes of national rail safety scheme","content":"#### 43 Modifications of Ombudsman Act for purposes of national rail safety scheme\n\n43 Modifications of Ombudsman Act for purposes of national rail safety scheme\n\n> The Ombudsman Act applies—\n> \n> > (a) as if a reference to the Ombudsman were a reference to the Ombudsman under the Ombudsman Act;\n> \n> > (b) section 3(1), definition of agency to which this Act applies—as if the following paragraph were inserted after paragraph (d) of the definition—\n> > \n> > > > (da) the Office of the National Rail Safety Regulator (ONRSR); or\n> \n> > (c) section 3(1)—as if the following definition were inserted after the definition of officer of the Ombudsman—\n> > \n> > > participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;\n> \n> > (d) section 14—as if the section were deleted;\n> \n> > (e) section 15(3)—as if a reference to a member of either House of Parliament were a reference to a member of Parliament of a participating jurisdiction;\n> \n> > (f) section 30(1) and (2)—as if a reference to this or any other Act were a reference to this Act as it applies as a law of a participating jurisdiction or any other Act of a participating jurisdiction;\n> \n> > (g) section 30(3), definition of member of the Ombudsman’s staff—as if a reference to this Act were a reference to this Act as it applies as a law of a participating jurisdiction;\n> \n> > (h) with any other modifications that are necessary.","sortOrder":67},{"sectionNumber":"44","sectionType":"section","heading":"Conferral of function on Ombudsman of South Australia","content":"#### 44 Conferral of function on Ombudsman of South Australia\n\n44 Conferral of function on Ombudsman of South Australia\n\n> For the purposes of the Ombudsman Act as applied under section 263 of the Law, the Ombudsman under the Ombudsman Act has the functions under the Ombudsman Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.","sortOrder":68},{"sectionNumber":"45","sectionType":"section","heading":"Conferral of jurisdiction on Supreme Court of South Australia","content":"#### 45 Conferral of jurisdiction on Supreme Court of South Australia\n\n45 Conferral of jurisdiction on Supreme Court of South Australia\n\n> For the purposes of the Ombudsman Act as applied under section 263 of the Law, the Supreme Court of South Australia has jurisdiction to hear and determine an application under section 28 of the Ombudsman Act insofar as that application is made under a law of a participating jurisdiction.","sortOrder":69},{"sectionNumber":"46","sectionType":"section","heading":"Interpretation","content":"#### 46 Interpretation\n\n46 Interpretation\n\n> In this Division—\n> \n> PFA Act means the Public Finance and Audit Act 1987 of South Australia.","sortOrder":71},{"sectionNumber":"47","sectionType":"section","heading":"Application of Public Finance and Audit Act","content":"#### 47 Application of Public Finance and Audit Act\n\n47 Application of Public Finance and Audit Act\n\n> For the purposes of section 263 (*Application of certain South Australian Acts to this Law*) of the Law, this Division sets out modifications of the PFA Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":72},{"sectionNumber":"48","sectionType":"section","heading":"Modifications of PFA Act for purposes of national rail safety scheme","content":"#### 48 Modifications of PFA Act for purposes of national rail safety scheme\n\n48 Modifications of PFA Act for purposes of national rail safety scheme\n\n> The PFA Act applies—\n> \n> > (a) as if a reference to the Auditor-General were a reference to the Auditor-General under the PFA Act;\n> \n> > (b) Section 4(1)—as if the following definition were inserted after the definition of imprest account—\n> > \n> > > participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;\n> \n> > (c) section 4(1), definition of public authority—as if the following paragraph were inserted after paragraph (c) of the definition—\n> > \n> > > > (ca) the Office of the National Rail Safety Regulator (ONRSR); or\n> \n> > (d) Part 2—as if the Part were deleted;\n> \n> > (e) section 31(2)—as if the following were inserted after “efficiency”—\n> > \n> > > , effectiveness\n> \n> > (f) section 32—as if the section were deleted;\n> \n> > (g) Part 3 Division 4—as if Division 4 were deleted;\n> \n> > (h) section 36(1)(a)(i)—as if subparagraph (i) were deleted;\n> \n> > (i) subject to paragraph (j)—as if a reference to the Treasurer were a reference to the Treasurer of a participating jurisdiction;\n> \n> > (j) section 39(2)—as if the reference to the Treasurer were a reference to the Treasurer of South Australia;\n> \n> > (k) as if a reference to the President of the Legislative Council and the Speaker of the House of Assembly were a reference to the presiding member of each House of Parliament of a participating jurisdiction;\n> \n> > (l) Part 4—as if the Part (other than sections 42 and 43) were deleted;\n> \n> > (m) with any other modifications that are necessary.","sortOrder":73},{"sectionNumber":"49","sectionType":"section","heading":"Conferral of function on Auditor-General of South Australia","content":"#### 49 Conferral of function on Auditor-General of South Australia\n\n49 Conferral of function on Auditor-General of South Australia\n\n> For the purposes of the PFA Act as applied under section 263 of the Law, the Auditor-General of South Australia has the functions under the PFA Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.","sortOrder":74},{"sectionNumber":"50","sectionType":"section","heading":"Conferral of jurisdiction on Supreme Court of South Australia","content":"#### 50 Conferral of jurisdiction on Supreme Court of South Australia\n\n50 Conferral of jurisdiction on Supreme Court of South Australia\n\n> For the purposes of the PFA Act as applied under section 263 of the Law, the Supreme Court of South Australia has jurisdiction to hear and determine an application under section 34 of the PFA Act insofar as that application is made under a law of a participating jurisdiction.","sortOrder":75},{"sectionNumber":"51","sectionType":"section","heading":"Disapplication of regulations","content":"#### 51 Disapplication of regulations\n\n51 Disapplication of regulations\n\n> The Public Finance and Audit Regulations 2002 do not apply as a law of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":76},{"sectionNumber":"52","sectionType":"section","heading":"Interpretation","content":"#### 52 Interpretation\n\n52 Interpretation\n\n> In this Division—\n> \n> State Records Act means the State Records Act 1997 of South Australia.","sortOrder":78},{"sectionNumber":"53","sectionType":"section","heading":"Application of State Records Act","content":"#### 53 Application of State Records Act\n\n53 Application of State Records Act\n\n> For the purposes of section 263 (*Application of certain South Australian Acts to this Law*) of the Law, this Division sets out modifications of the State Records Act as it applies as a law of a participating jurisdiction for the purposes of the national rail safety scheme.","sortOrder":79},{"sectionNumber":"54","sectionType":"section","heading":"Modifications of State Records Act for purposes of national rail safety scheme","content":"#### 54 Modifications of State Records Act for purposes of national rail safety scheme\n\n54 Modifications of State Records Act for purposes of national rail safety scheme\n\n> The State Records Act applies—\n> \n> > (a) as if a reference to the Manager, or Manager of State Records, were a reference to the Manager of State Records under the State Records Act;\n> \n> > (b) as if a reference to State Records were a reference to the office of State Records established under the State Records Act;\n> \n> > (c) as if a reference to the State Records Council were a reference to the State Records Council established under the State Records Act;\n> \n> > (d) section 3(1), definition of agency—as if the following paragraph were inserted after paragraph (e) of the definition—\n> > \n> > > > (ea) the Office of the National Rail Safety Regulator (ONRSR); or\n> \n> > (e) Section 3(1)—as if the following definition were inserted after the definition of official record—\n> > \n> > > participating jurisdiction has the same meaning as in the Rail Safety National Law set out in the schedule to the Rail Safety National Law (South Australia) Act 2012;\n> \n> > (f) with any other modifications that are necessary.","sortOrder":80},{"sectionNumber":"55","sectionType":"section","heading":"Conferral of functions on South Australian Manager and Council","content":"#### 55 Conferral of functions on South Australian Manager and Council\n\n55 Conferral of functions on South Australian Manager and Council\n\n> > (1) For the purposes of the State Records Act as applied under section 263 of the Law, the Manager of State Records under the State Records Act has the functions under the State Records Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.\n> \n> > (2) For the purposes of the State Records Act as applied under section 263 of the Law, the State Records Council under the State Records Act has the functions under the State Records Act in a participating jurisdiction insofar as that function is to be exercised under a law of a participating jurisdiction.","sortOrder":81},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous","content":"# Part 9 Miscellaneous\n\nPart 9 Miscellaneous","sortOrder":82},{"sectionNumber":"56","sectionType":"section","heading":"Periodic information to be supplied","content":"#### 56 Periodic information to be supplied\n\n56 Periodic information to be supplied\n\n> > (1) For the purposes of section 120(3) (Power of Regulator to obtain information from rail transport operators) of the Law, a rail transport operator must provide the Regulator with a monthly return that sets out the following information in respect of the whole of the month—\n> > \n> > > (a) in relation to drug and alcohol testing conducted by the rail transport operator—\n> > > \n> > > > (i) the number and type of tests conducted; and\n> > > \n> > > > (ii) whether the tests were conducted before or after the rail safety worker had signed on for duty; and\n> > > \n> > > > (iii) the class of rail safety work undertaken by rail safety workers who were tested; and\n> > > \n> > > > (iv) the employment relationship with the operator of rail safety workers who were tested; and\n> > > \n> > > > (v) the outcomes of the tests;\n> > \n> > > (b) in the case of a rail transport operator who is a rail infrastructure manager—\n> > > \n> > > > (i) the number of kilometres travelled by trains of a kind, as required by the Regulator, on tracks over which the rail infrastructure manager has effective management and control; and\n> > > \n> > > > (ii) the total number of rolling stock operators (not being the rail infrastructure manager) who operated rolling stock on the tracks over which the rail infrastructure manager has effective management and control;\n> > \n> > > (c) in the case of a rail transport operator who is a rolling stock operator—\n> > > \n> > > > (i) the number of kilometres travelled by trains or other rail vehicles of a kind, as required by the Regulator, over which the rolling stock operator has effective management and control; and\n> > > \n> > > > (ii) the number of journeys (either estimated or actual) made by passengers on passenger trains over which the rolling stock operator has effective management and control; and\n> > > \n> > > > (iii) the number of passenger kilometres travelled on passenger trains (not including light rail passenger vehicles) over which the rolling stock operator has effective management and control (where 1 passenger kilometre represents the transport of 1 passenger by rail over 1 kilometre); and\n> > > \n> > > > (iv) the total number of other rail networks (being networks managed by other rail infrastructure managers) on which rolling stock over which the rolling stock operator has effective management and control travelled;\n> > \n> > > (d) in respect of a railway over which the rail transport operator has effective management and control—\n> > > \n> > > > (i) the total number of full-time equivalent contractors and employees engaged by the rail transport operator to undertake rail safety work; or\n> > > \n> > > > (ii) the total number of hours of rail safety work undertaken by contractors and employees engaged by the rail transport operator.\n> \n> > (2) In providing a monthly return, the rail transport operator must set out the particulars of the information required under subregulation (1) in relation to this jurisdiction and every other participating jurisdiction in respect of which the rail transport operator is accredited.\n> \n> > (3) The rail transport operator must provide the monthly return required under subregulation (1) to the Regulator as soon as practicable after the end of each month, and not later than the 21st day of the following month, or before any other date or period specified by the Regulator.\n> \n> > (4) (Repealed)\n> \n> **Reg 56:** Am 2015 (318), reg 4; 2017 (257), reg 4; 2019 (263), reg 7; 2022 (269), reg 7.","sortOrder":83},{"sectionNumber":"56A","sectionType":"section","heading":"Periodic information to be supplied annually","content":"#### 56A Periodic information to be supplied annually\n\n56A Periodic information to be supplied annually\n\n> > (1) For the purposes of section 120(3) (Power of Regulator to obtain information from rail transport operators) of the Law, a rail transport operator must provide the Regulator with an annual return that sets out the following information in respect of the period of 12 months to which it relates—\n> > \n> > > (a) in the case of a rail transport operator who is a rail infrastructure manager—\n> > > \n> > > > (i) the length, in kilometres, of operational and non-operational track over which the rail infrastructure manager has effective management and control; and\n> > > \n> > > > (ii) a description of the rail network over which the rail infrastructure manager has effective management and control, by line section and segment and its characteristics, as required by the Regulator; and\n> > > \n> > > > (iii) a description and details of each level crossing that interfaces with the rail network over which the rail infrastructure manager has effective management and control, as required by the Regulator; and\n> > > \n> > > > (iv) details of the interfacing road manager in respect of each level crossing that interfaces with the rail network over which the rail infrastructure manager has effective management and control, as required by the Regulator; and\n> > > \n> > > > (v) the number of other networks (excluding private sidings) that are connected to, or interface with, a railway under the effective management and control of the infrastructure manager;\n> > \n> > > (b) in the case of a rail transport operator who is a rolling stock operator—the number of stations or stops used in the course of the provision of passenger services by trains over which the rolling stock operator has effective management and control.\n> \n> > (2) In providing a return under this regulation, the rail transport operator must set out the particulars of the information required under subregulation (1) in relation to this jurisdiction and every other participating jurisdiction in respect of which the rail transport operator is accredited.\n> \n> > (3) The rail transport operator must, on or before 21 January in every year, or such other date or period specified by the Regulator, provide the return required under subregulation (1) to the Regulator for the period of 12 months ending on the preceding 31 December.\n> \n> **Reg 56A:** Ins 2022 (269), reg 8.","sortOrder":84},{"sectionNumber":"57","sectionType":"section","heading":"Reporting of notifiable occurrences","content":"#### 57 Reporting of notifiable occurrences\n\n57 Reporting of notifiable occurrences\n\n> > (1) For the purposes of the definition of notifiable occurrence in section 4 (Interpretation) of the Law and this regulation—\n> > \n> > > (a) a notifiable occurrence specified in Schedule 1A Part 1 is a Category A notifiable occurrence; and\n> > \n> > > (b) 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\n> > \n> > > (c) 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).\n> \n> > (2) 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—\n> > \n> > > (a) immediately after becoming aware of the occurrence—give an oral report of the occurrence to the Regulator; and\n> > \n> > > (b) 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](http://www.legislation.gov.au/) of the Commonwealth, as in force from time to time.\n> \n> > (3) 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—\n> > \n> > > (a) 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](http://www.legislation.gov.au/) of the Commonwealth, as in force from time to time; and\n> > \n> > > (b) 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).\n> \n> > (3a) 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.\n> \n> > (3b) A report under subregulation (3a) must—\n> > \n> > > (a) 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\n> > \n> > > (b) 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.\n> \n> > (3c) 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).\n> \n> > (3d) 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.\n> \n> > (4) 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.\n> \n> **Reg 57:** Am 2015 (318), reg 5; 2016 (360), reg 4 (1) (2); 2019 (263), reg 8 (1) (2); 2020 (322), reg 5; 2022 (269), reg 9(1)–(5).","sortOrder":85},{"sectionNumber":"58","sectionType":"section","heading":"Fees","content":"#### 58 Fees\n\n58 Fees\n\n> The fees set out in Schedule 3 are payable by a rail transport operator as specified in that Schedule.\n> \n> Note\n> \n> The Regulator may waive or refund the whole or any part of a fee payable under Part 3 Division 4 or Division 5 of the Law (see sections 77 and 96 of the Law). The Regulator may, for example, waive or refund part of the fee payable by a rail transport operator in respect of an application that relates to the operation of a not for profit tourist or heritage railway.","sortOrder":86},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Content of safety management system","content":"# Schedule 1 Content of safety management system\n\nSchedule 1 Content of safety management system\n\n**sch 1:** Am 2025 (520), reg 5.","sortOrder":87},{"sectionNumber":"20A","sectionType":"section","heading":"Interoperability of railway operations","content":"#### 20A Interoperability of railway operations\n\n20A Interoperability of railway operations\n\n> > (1) Systems and procedures for the identification and consideration of matters (interoperability matters) relating to the ability of a rail transport operator’s railway systems to operate together with those of other rail transport operators to enable the rail transport operator’s railway operations to be undertaken safely and seamlessly on the National Network for Interoperability (within the meaning of regulation 16(3)), when changes to the operator’s railway operations that are undertaken on, or form part of, the National Network for Interoperability are being planned or implemented.\n> \n> > (2) An interoperability management plan that—\n> > \n> > > (a) sets out any interoperability matters that have been identified; and\n> > \n> > > (b) includes systems and procedures to ensure that the identified interoperability matters are taken into consideration before changes are made to the rail transport operator’s railway operations.","sortOrder":108},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Notifiable occurrences","content":"# Schedule 1A Notifiable occurrences\n\nSchedule 1A Notifiable occurrences\n\n**sch 1A:** Ins 2022 (269), reg 10.","sortOrder":119},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Special fatigue management program requirements in respect of certain rail safety work carried out within certain participating jurisdictions","content":"# Schedule 2 Special fatigue management program requirements in respect of certain rail safety work carried out within certain participating jurisdictions\n\nSchedule 2 Special fatigue management program requirements in respect of certain rail safety work carried out within certain participating jurisdictions\n\n**sch 2, hdg:** Am 2017 (259), reg 5.\n\n**sch 2:** Am 2017 (259), reg 6.","sortOrder":158},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Fees","content":"# Schedule 3 Fees\n\nSchedule 3 Fees\n\n**sch 3:** Am 2013 (362), reg 4 (1) (2); 2014 (382), reg 4; 2015 (317), reg 4; 2016 (361), reg 4; 2017 (257), reg 5; 2017 (258), reg 5; 2018 (267), reg 4; 2019 (262), reg 4 (1)–(3); 2020 (322), reg 6; 2021 (343), reg 4(1)–(3); 2022 (317), reg 5(1)–(3); 2024 (277), reg 4(1)–(3); 2025 (321), reg 4(1)–(5).","sortOrder":172}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have been amended periodically to add new parts, clauses and requirements. Examples in the instrument show insertions and amendments over time: Part 1A (annual report provisions) was inserted in 2019 (pt 1A Ins 2019 (263), reg 4); Schedule 1 (safety management system content) was amended in 2025 (sch 1: Am 2025 (520), reg 5) and Reg 16 was amended in 2025 (Reg 16: Am 2025 (520), reg 4); Schedule 1A (notifiable occurrences) was inserted in 2022 (sch 1A: Ins 2022 (269), reg 10); Reg 28 (drug and alcohol) shows multiple amendments (2019, 2022, 2024). These documented amendments indicate that the instrument’s scope has expanded and been refined since original enactment—adding annual reporting rules, updating safety management content, refining incident categories and adjusting worker‑safety regimes—so the present regulatory scope differs from the original text by incorporating later, targeted requirements and procedural detail (see amendment notes throughout: e.g. Reg 16, Reg 28, Regs 7A–7D insertions, Schedule 1 and Schedule 1A insertions)."},"complexity_factors":["Extensive cross‑references to the Rail Safety National Law and to external Acts (e.g. Transport Safety Investigation Act, Therapeutic Goods Act, various State WHS Acts) (Reg 3; Reg 5; Reg 16(3); Reg 37)","Multiple detailed schedules that prescribe technical content (Schedule 1 content checklist; Schedule 1A detailed incident categorisation; Schedule 2 jurisdictional fatigue rules; Schedule 3 fee formulas)","Jurisdiction‑specific provisions and exceptions (Reg 7 exclusions by jurisdiction; Schedule 2 NSW and QLD special fatigue rules; Part 8 modifies South Australian Acts to apply across participating jurisdictions)","Layered decision‑making and review routes (Regulator discretion to classify networks, approve auditors, impose project fees; some decisions reviewable—Schedule 3 cl 1d; Ministerial approvals for auditors—Reg 7B)","Complex fee calculation combining fixed, per‑km components and discretionary project fees with notification and representations process (Schedule 3 Part 2 cll 1–1e)","Prescriptive operational timeframes and procedural obligations (notification time limits, testing windows, reporting formats and dates—Regs 9, 28, 56, 56A, 57)","Detailed documentation, audit and record‑keeping requirements (Schedule 1 clls 7, 10, 11, 30; Reg 7B auditor rules)","Interoperability and interface rules that require interaction among multiple operators and agencies (Reg 16(3) National Network for Interoperability; Regs 21–24 interface and network rules)","Frequent amendments recorded in the instrument (multiple 'Am' notes), indicating evolving content and the need to track historical changes"],"plain_english_summary":"### What this instrument does (mechanically)\n\nThis instrument sets out detailed rules that work alongside the Rail Safety National Law. It: \n\n- Defines key terms and which occupational health and safety Acts count for rail operators (Reg 3, Reg 4). \n- Lists which railways the national scheme does or does not apply to in particular jurisdictions (Reg 7). \n- Prescribes what must be included in applications for accreditation, registration of private sidings and exemptions, and what must be included in applications to vary those approvals (Regs 8–15, 31–33). \n- Imposes standard conditions on accreditations and registrations, including mandatory notifications of particular decisions or changes (Reg 9; Regs 13, 14). \n- Specifies what a safety management system must include and the level of detail appropriate to the scope and risk of operations (Reg 16 and Schedule 1). \n- Requires rail transport operators to review safety management systems and to report the review outcomes in safety performance reports (Reg 17; Schedule 1 cl 8). \n- Prescribes contents and obligations for security and emergency management plans, including consultation and testing requirements (Regs 18–20). \n- Sets rules for establishing or amending network rules, including stakeholder notice periods and an emergency amendment route that lasts up to 180 days unless regular consultation is completed (Regs 21–23). \n- Sets out who may receive or publish train safety recordings and for what purposes (Reg 26). \n- Requires operators to implement worker programs: health & fitness (Reg 27), drugs & alcohol (Reg 28), fatigue risk management (Reg 29), and to keep competence records (Reg 30; Schedule 1 cll 24, 27–29). Reg 28 sets testing regimes, reporting timelines and an evidential burden for accused workers in specified circumstances. \n- Details reporting obligations for notifiable occurrences (categories A, B, C) and ties the categories to specific incident lists in Schedule 1A (Reg 57; Schedule 1A). It sets immediate oral reporting for Category A incidents and time limits for written reports. \n- Requires periodic operational returns (monthly and annual) with specified content (Regs 56, 56A). \n- Prescribes fees for applications and annual regulatory fees, including a fixed component, variable component(s) based on track kilometres or train kilometres and discretionary project-component fees the Regulator may levy after notification and opportunity to make representations (Schedule 3 Part 2). \n- Applies and modifies certain South Australian Acts (Freedom of Information, Ombudsman, Public Finance & Audit, State Records) so they operate for the national regulator and participating jurisdictions, and confers certain jurisdictions or functions on South Australian courts and officers for scheme purposes (Part 8, Regs 35–55). \n\n### Who this affects and who pays (source‑grounded)\n\n- Accredited persons and registered persons (rail transport operators, rail infrastructure managers, rolling stock operators, private siding managers) must comply with application, safety system, reporting, notification and worker-program requirements (Regs 8–15, 16–31, 56, 57). \n- Accredited persons pay application fees and annual fees as listed in Schedule 3 (Schedule 3 Part 1 & Part 2). Registered persons pay an annual registration fee of $500 (Schedule 3 Part 2(2)). The Regulator may waive or refund fees in some cases (Reg 58 note). \n- The Regulator exercises decision-making and regulatory discretion on: accreditation, registration and exemptions; approval of non‑public sector auditors (Reg 7B); determination of the National Network for Interoperability and tourist & heritage operator status (Reg 16(3)); project component fees and their application (Schedule 3 cll 1a–1e); approval of reporting forms and timeframes (Reg 57(4)); and audit/inspection approaches. Those decisions can be subject to statutory review where specified (Schedule 3 cl 1d). \n\n(References: Regs 8–15, 16(3), 7B, 56–58, Schedule 3 cll 1–1e, Reg 57(4).)\n\n### Why it matters (stated purpose and how the instrument achieves it)\n\n- The instrument operationalises the Law by converting high‑level duties into concrete procedural, documentation and reporting obligations. For example, it translates the duty to have a safety management system into a detailed checklist (Schedule 1) and prescribes timeframes and forms for incident reporting (Reg 57). \n\n- Mechanisms used: mandatory documentation, mandatory consultation, specified testing regimes and time limits (drug/alcohol testing windows, prompt reports for Category A incidents), stakeholder notifications for network rules and structured fee formulas that fund regulatory oversight (Reg 28; Reg 22; Reg 57; Schedule 3). \n\n### Testing the stated purpose against costs, incentives and implementation trade‑offs\n\n- Who pays: accredited persons and registered persons carry direct monetary costs (application fees, annual fees, possible project fees) and ongoing administrative costs to prepare and maintain the safety management system, carry out testing and reporting and consult stakeholders (Schedule 3; Regs 16, 56–57; Schedule 1). \n\n- Incentives and compliance burden: the regulations set detailed procedural obligations (for example, Schedule 1 prescribes dozens of specific management systems and records). That creates a compliance workload for operators (document control, audits, risk registers, training, testing, monthly/annual returns). The Regulator can impose additional oversight through project component fees when operations introduce new or complex systems (Schedule 3 cll 1a–1b). \n\n- Bureaucratic discretion and reviewability: the Regulator has significant discretion (e.g., approving auditors—Reg 7B; declaring the National Network—Reg 16(3); imposing project fees—Schedule 3 cll 1a–1e; specifying reporting formats—Reg 57(4)). Some decisions are reviewable (Schedule 3 cl 1d), and Ministers must approve non‑public sector auditors in some cases (Reg 7B(1)–(3)). Those layers create administrative choices and potential timing or resource impacts for operators. \n\n- Trade‑offs and opportunity costs: the instrument favours prescriptive, standardised controls (detailed safety management content, defined reporting thresholds, fixed testing timeframes) which promote consistent compliance across operators but require operators to allocate technical, administrative and financial resources that could otherwise go to operations or capital investment. \n\n- Effects on private choice and operational flexibility: specific notification timeframes (Reg 9 table), mandatory consultation steps before network rule changes (Reg 22), and mandatory content of safety systems (Reg 16 & Schedule 1) constrain unilateral operational changes; an emergency amendment route exists but is time‑limited (Reg 23(4) — 180 days). Operators can seek exemptions or variations (Part 6, Reg 31–33), but those require evidence of competence and capacity and may attract fees (Reg 31(e)–(f); Schedule 3 items). \n\n- Concentrated benefits and diffuse costs: the instrument centralises oversight with the Regulator (and related reporting to responsible Ministers and interfaces with South Australian agencies) while spreading compliance and fee costs across all accredited and registered operators (Regs 36–37; Schedule 3). The structure permits the Regulator to target additional resources (project component fees) to specific, potentially higher‑risk or technically novel operations (Schedule 3 cll 1a–1b). \n\n- Implementation risks: tight timeframes for reporting and testing (e.g., immediate oral reports for Category A incidents—Reg 57(2)(a), drug testing within 3 hours for NSW incidents—Reg 28(2)(a)(ii)) create operational pressure; extensive documentation and audit requirements increase the risk of non‑compliance if record keeping is inadequate (Schedule 1 clls 7, 10, 11, 30). \n\n### Select concrete compliance points operators should note (source citations)\n\n- Prepare and maintain a safety management system covering Schedule 1 items relevant to operations (Reg 16; Schedule 1).  \n- Notify the Regulator within the timeframes listed for specific decisions or changes (Reg 9 table).  \n- Report Category A occurrences immediately (oral) and follow up in writing within the timelines and content required by the Transport Safety Investigation Act (Reg 57(2)).  \n- Provide monthly returns by the 21st of the following month, and an annual return by 21 January each year (Regs 56(3); 56A(3)).  \n- Ensure drug and alcohol testing regimes meet the jurisdictional rules (Reg 28(1)–(2)), including a 3‑hour testing window for certain NSW incidents and random testing minima in NSW (Reg 28(1a), (2)(a)(i)–(ii)).  \n- Expect to pay application fees and annual fees calculated by the fixed plus variable formula (Schedule 3 Part 1 & Part 2).  \n\n(Primary references: Regs 3–4, 7–16, 17–23, 24–26, 27–33, 56–58; Schedule 1; Schedule 1A; Schedule 2; Schedule 3.)"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2012 regulations have been amended approximately annually, suggesting that the scope and specific obligations have evolved meaningfully over time. The high frequency of amendments — including a mid-year amendment in 2019 and again in 2021 — indicates the regulations have been actively expanded or refined beyond their original form, likely in response to incidents, industry feedback, or broader transport policy changes. Without the full text of each amendment, the precise direction of scope change cannot be confirmed, but the volume of revisions strongly suggests material changes from the original intent."},"complexity_factors":["National cooperative legislative scheme requiring understanding of the relationship between the national law and these regulations","Highly technical subject matter covering engineering, operational, and administrative requirements for rail systems","Multiple categories of regulated entities (operators, infrastructure managers, contractors) with different obligations","Interaction with state and territory-specific adoption legislation adds a jurisdictional layer","Frequent amendments (approximately annual updates since 2012) meaning the current obligations may differ significantly from earlier versions","Cross-references to the parent Rail Safety National Law and potentially other standards and codes not reproduced in this document","Specialised terminology from both the legal and rail engineering fields","Only metadata and version history is visible in the provided text — the substantive regulatory content is not reproduced, limiting full assessment"],"plain_english_summary":"## Rail Safety National Law National Regulations 2012\n\n**What is this?**\nThis is a set of national regulations (detailed rules that sit beneath a broader law) governing **rail safety across Australia**. It sets out the specific technical and administrative requirements that railway operators — from major freight and passenger rail companies to heritage railways and tram operators — must follow to keep trains and rail networks safe.\n\n**Who does it affect?**\n- **Railway operators** (companies or organisations that run trains or manage track)\n- **Rail infrastructure managers** (those who own or maintain the physical rail network — tracks, signals, stations)\n- **Workers in the rail industry** (drivers, maintenance crews, safety managers)\n- **Passengers and the general public** (indirectly — these rules are designed to keep you safe when you travel by rail)\n- **Regulators** (the government bodies that check compliance and investigate accidents)\n\n**What does it actually do?**\nThe regulations fill in the practical details of the Rail Safety National Law — things like:\n- What information must be included in a safety accreditation (official permission to operate a railway) application\n- How incidents and accidents must be reported, and to whom\n- What records operators must keep and for how long\n- Drug and alcohol testing requirements for rail workers in safety-critical roles\n- How safety management systems (documented plans for identifying and managing risks) must be structured\n- Fees payable to regulators\n\n**Why does it matter?**\nBefore this national framework, each Australian state and territory had its own separate rail safety rules — a patchwork that made it difficult and costly for operators running across state borders. This national approach creates **one consistent set of rules** across participating jurisdictions, reducing red tape for industry and (in theory) improving safety outcomes for everyone.\n\n**Note:** The regulations have been updated regularly since 2012 — roughly every year — showing that the rules are actively maintained and adjusted over time."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Point-in-time version: 01/07/2024","severity":"high","reasoning":"A legislative version cannot logically be current from 1 July 2024 to 1 January 2024. January 2024 precedes July 2024 by six months. This creates a temporally impossible version window, raising serious questions about which instrument was actually in force during that period and whether any gap or overlap exists in the legislative timeline.","confidence":0.98,"description":"A historical version is listed as 'Current from 01/07/2024 to 01/01/2024', meaning the version purportedly ends before it begins — the end date predates the start date by six months."}],"contradictions":[{"severity":"high","section_a":"Point-in-time version: 01/07/2024 — 'Current from 01/07/2024 to 01/01/2024'","section_b":"Point-in-time version: 02/01/2025 — 'Current from 02/01/2025 to 30/06/2025'","confidence":0.92,"description":"The version ostensibly covering 01/07/2024 to 01/01/2024 ends on a date that falls before the next version begins (02/01/2025), creating an unexplained gap of approximately 12 months in the timeline if the end date is read literally (01/01/2024), or an overlap if it is interpreted as a typographical error for 01/01/2025."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2209},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2 scope. Originally focused on basic accreditation and safety management principles, the instrument has grown to include: (1) a third tier of incident reporting (Category C) added in 2022; (2) detailed interoperability requirements for the National Network (added 2025); (3) a comprehensive annual reporting and auditing framework for the Regulator (Part 1A, inserted 2019); (4) sophisticated project-based fee structures for complex technological rollouts; and (5) increasingly prescriptive drug/alcohol testing mandates. The scope has shifted from administrative support for the primary Law to a detailed technical code covering specific shift lengths, incident categories, and engineering standards."},"complexity_factors":["Extensive cross-referencing to the primary Rail Safety National Law (South Australia Act) and other Commonwealth/State legislation (e.g., Work Health and Safety Acts, Therapeutic Goods Act)","Mathematical formulas for annual fee calculations involving fixed components, variable rates per jurisdiction, and additional project-based fees (Schedule 3)","Three-tier classification system for notifiable occurrences (Category A/B/C) with differing reporting timeframes, formats, and thresholds (Schedule 1A)","State-specific operational requirements, particularly for fatigue management (Schedule 2 imposes distinct shift limits for NSW vs Queensland)","Schedule 1 contains 30 detailed clauses prescribing mandatory content for Safety Management Systems, including nested exceptions (e.g., heritage railways exempt from interoperability requirements)","Multiple defined terms with conditional meanings (e.g., 'network rules', 'prescribed incident', 'stakeholders') and jurisdictional carve-outs (e.g., specific NSW heritage railways brought under the law, WA cane railways excluded)","Recent amendments (2019-2025) have inserted new Parts (1A), new categories of incidents, and interoperability requirements, creating a layered legislative history"],"plain_english_summary":"These regulations operate under the **Rail Safety National Law** to set the practical rules for rail safety across Australia (excluding Western Australia, which has separate arrangements). They translate the broad duties in the primary law into specific, actionable requirements.\n\n**Who it affects:**\n*   **Rail transport operators** (companies running trains or managing tracks) – from major freight networks to tourist heritage railways\n*   **Rail safety workers** – drivers, maintenance crews, and other safety-critical staff\n*   **The Office of the National Rail Safety Regulator (ONRSR)** – the national safety watchdog\n*   **Owners of private sidings** – industrial rail lines connecting to main networks\n\n**What it does:**\n*   **Accreditation & Registration:** Specifies exactly what information operators must provide when applying for accreditation (licence to operate) or registering private sidings, including contact details, safety management plans, and evidence of corporate authority.\n*   **Safety Management Systems (SMS):** Mandates 30 specific elements that every operator’s SMS must contain (Schedule 1), including safety culture policies, risk registers, fatigue management, drug and alcohol programs, and emergency management plans.\n*   **Incident Reporting:** Creates a three-tier system for \"notifiable occurrences\" (accidents and near-misses):\n    *   **Category A:** Serious incidents (collisions, deaths, derailments) requiring **immediate** oral and written reports.\n    *   **Category B:** Less serious incidents requiring written reports within specific timeframes.\n    *   **Category C:** Minor incidents reported in bulk every 6 months.\n*   **Worker Safety Standards:**\n    *   **Drug & Alcohol:** Requires testing regimes, including mandatory post-incident testing and (in NSW) random testing of at least 25% of workers annually.\n    *   **Fatigue:** Sets maximum shift lengths and minimum break times (Schedule 2), with different rules for NSW and Queensland (e.g., 12-hour max shifts for two-driver freight operations, 9-hour max for single-driver).\n    *   **Competence:** Requires operators to keep detailed training records for every safety worker.\n*   **Fees:** Establishes a complex fee structure (Schedule 3) where operators pay a fixed annual fee ($15,000) plus variable amounts based on track kilometres managed and train kilometres travelled, with additional \"project component fees\" for introducing new technology.\n*   **National Scheme Machinery:** Applies South Australian laws (Freedom of Information, Ombudsman, Public Finance) to ONRSR’s operations in all participating states, with modifications to make them work nationally.\n\n**Why it matters:** These regulations are the operational backbone of Australian rail safety. They determine how operators prove they are safe enough to run trains, what happens when someone is injured (or nearly injured), how long a driver can work before mandatory rest, and how the regulator is funded."}},"importantCases":[],"_links":{"self":"/api/acts/rail-safety-national-law-national-regulations-2012","history":"/api/acts/rail-safety-national-law-national-regulations-2012/history","analysis":"/api/acts/rail-safety-national-law-national-regulations-2012/analysis","conflicts":"/api/acts/rail-safety-national-law-national-regulations-2012/conflicts","importantCases":"/api/acts/rail-safety-national-law-national-regulations-2012/important-cases","documents":"/api/acts/rail-safety-national-law-national-regulations-2012/documents"}}