Section 231 - Rail Safety National Law (NSW) - Supervisory intervention order

231Supervisory intervention order

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231 Supervisory intervention order

(1) The court that finds a person guilty of an offence against this Law may, on the application of the prosecutor or the Regulator, if the court considers the person to be a systematic or persistent offender against the Australian rail safety laws, make an order under this section.

(2) The court may make a supervisory intervention order requiring the person (at the person’s own expense and for a specified period not exceeding 1 year) to do all or any of the following—

(a) to do specified things that the court considers will improve the person’s compliance with this Law or specified aspects of this Law, including (for example) the following—

(i) appointing or removing staff to or from particular activities or positions;

(ii) training and supervising staff;

(iii) obtaining expert advice as to maintaining appropriate compliance;

(iv) installing monitoring, compliance, managerial or operational equipment;

(v) implementing monitoring, compliance, managerial or operational practices, systems or procedures;

(b) to conduct specified monitoring, compliance, managerial or operational practices, systems or procedures subject to the direction of the Regulator or a person nominated by the Regulator;

(c) to furnish compliance reports to the Regulator or the court or both as specified in the order;

(d) to appoint a person to have responsibilities—

(i) to assist the person in improving compliance with this Law or specified aspects of this Law; and

(ii) to monitor the person’s performance in complying with this Law or specified aspects of this Law and in complying with the requirements of the order; and

(iii) to furnish compliance reports to the Regulator or the court or both as specified in the order.

(3) The court may specify matters that are to be dealt with in compliance reports and the form and manner in which, and frequency with which, compliance reports are to be prepared and furnished.

(4) The court may require that compliance reports or aspects of compliance reports be made public, and may specify the form and manner in which, and frequency with which, they are to be made public.