99Safety management system

99 Safety management system

99 Safety management system

(1) A rail transport operator must have a safety management system for railway operations in respect of which the operator is required to be accredited that—

(a) is in a form approved by the Regulator; and

(b) provides for systems and procedures for compliance with the risk management obligations under this Law; and

(c) identifies any risks to safety in relation to railway operations in respect of which the operator is required to be accredited; and

(d) provides for the comprehensive and systematic assessment of any identified risks; and

(e) specifies the controls (including audits, expertise, resources and staff) that are to be used by the operator to manage identified risks and to monitor safety in relation to those railway operations; and

(f) includes procedures for monitoring, reviewing and revising the adequacy of those controls; and

(g) addresses and includes any other matter prescribed by the national regulations that is relevant to the railway operations for which the rail transport operator is accredited.

Maximum penalty—

(a) in the case of an individual—$150 000;

(b) in the case of a body corporate—$1 500 000.

(2) The safety management system for a rail transport operator must also include the following matters prepared in accordance with the requirements of this Division—

(a) measures to manage identified risks to safety for the purposes of interface agreements;

(b) a security management plan;

(c) an emergency management plan;

(d) a health and fitness management program;

(e) a drug and alcohol management program;

(f) a fatigue risk management program.

(3) Before establishing a safety management system in relation to railway operations in respect of which a rail transport operator is required to be accredited or reviewing or varying any such safety management system, the operator must, so far as is reasonably practicable—