40ARail safety duties of persons providing railway operations by means of contracted personnel

40A Rail safety duties of persons providing railway operations by means of contracted personnel

Despite anything to the contrary in the Rail Safety National Law (Victoria), that Law applies as a law of this jurisdiction as if after section 53 of that Law there were inserted—

"53A Duties of persons providing railway operations by means of contracted personnel

(1) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rail infrastructure manager the services of an individual that labour-hire entity employs or engages to carry out railway operations for that manager must, so far as is reasonably practicable, ensure that that individual is competent to carry out the railway operations.

(2) A person (a labour-hire entity) who under an agreement or arrangement supplies to a rolling stock operator the services of an individual that labour-hire entity employs or engages to carry out railway operations for that operator must, so far as is reasonably practicable, ensure that that individual is competent to carry out railway operations.

(3) In this section—

supply includes provide, grant or confer, whether as principal or agent.".