55Duty of officers to exercise due diligence

55 Duty of officers to exercise due diligence

55 Duty of officers to exercise due diligence

(1) If a person has a duty or obligation under this Law, an officer of the person must exercise due diligence to ensure that the person complies with that duty or obligation.

(2) An officer of a person referred to in subsection (1) may be convicted or found guilty of an offence under this Law relating to a duty under this section whether or not the person has been convicted or found guilty of an offence under this Law relating to the duty or obligation.

(3) In this section—

due diligence includes taking reasonable steps—

(a) to acquire and keep up-to-date knowledge of rail safety matters; and

(b) to gain an understanding of the nature of the railway operations of the person and, generally, of the risks associated with those operations; and

(c) to ensure that the person has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to safety from the railway operations of the person; and

(d) to ensure that the person has appropriate processes for receiving and considering information regarding incidents and risks and responding in a timely way to that information; and

(e) to ensure that the person has, and implements, processes for complying with any duty or obligation of the person under this Law; and

(f) to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).