122Investigation of notifiable occurrences

122 Investigation of notifiable occurrences

122 Investigation of notifiable occurrences

(1) The Regulator may, by written notice given to a rail transport operator, require the operator to investigate notifiable occurrences, or any other occurrences that have endangered or may endanger the safe operation of the railway operations carried out by the operator.

(2) The level of investigation must be determined by the severity and potential consequences of the notifiable occurrence as well as by other similar occurrences and its focus should be to determine the cause and contributing factors, rather than to apportion blame.

(3) The rail transport operator must ensure that the investigation is conducted in a manner approved by the Regulator and within the period specified by the Regulator.

Maximum penalty—

(a) in the case of an individual—$20 000;

(b) in the case of a body corporate—$100 000.

(4) A rail transport operator who has carried out an investigation under this section must report to the Regulator on the investigation in a manner specified by the Regulator within the period specified by the Regulator.

Maximum penalty—

(a) in the case of an individual—$20 000;

(b) in the case of a body corporate—$100 000.

(5) However, information or a document provided by a rail transport operator in a report under this section is not admissible as evidence against the operator in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the information or document.