68Assessment of competence

68 Assessment of competence

(1) A rail transport operator must assess, or cause to be assessed, the competence of each rail safety worker who is to carry out rail safety work in relation to the rail transport operator’s rail infrastructure or rolling stock by reference to— (a) any applicable units of competence or qualification recognised under the Australian Quality Training Framework within the meaning of the Skilling Australia’s Workforce Act 2005 of the Commonwealth; or (b) if paragraph (a) does not apply, the applicable prescribed provisions.

Penalty: In the case of a natural person:

Penalty: In the case of a body corporate:

(2) For the purposes of sub‑section (1), a certificate purporting to have been issued to a rail safety worker certifying that the worker has certain qualifications is evidence of the competence of the worker. (3) A rail transport operator must ensure that a rail safety worker who is to carry out rail safety work in relation to the rail transport operator’s rail infrastructure or rolling stock meets the relevant prescribed requirements for or with respect to the competence of rail safety workers who carry out rail safety work of that kind.

Penalty: In the case of a natural person:

Penalty: In the case of a body corporate:

(4) Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work. (5) A rail transport operator must maintain records in accordance with the regulations of the competence of rail safety workers who carry out rail safety work on or in relation to the rail transport operator’s rail infrastructure or rolling stock.

Penalty: In the case of a natural person:

Penalty: In the case of a body corporate: