sec.117Assessment of competence

sec.117 Assessment of competence

A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited has the competence to carry out that work. Maximum penalty: in the case of an individual—$50 000; in the case of a body corporate—$500 000. For the purposes of subsection (1) , the competence of a rail safety worker to carry out rail safety work— must be assessed— in accordance with any qualification and units of competence recognised under the AQF applicable to that rail safety work; or if subparagraph (i) does not apply—in accordance with any qualifications or competencies prescribed by the national regulations; and must be assessed by reference to the knowledge and skills of the worker that would enable the worker to carry out the rail safety work safely. A certificate purporting to have been issued under the AQF to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence. Subsection (2) does not apply if— it is not reasonably practicable for a rail transport operator to assess the competence of a rail safety worker to carry out rail safety work in relation to the operator’s rail infrastructure or rolling stock in accordance with that subsection; and the operator satisfies the Regulator that— the worker has otherwise acquired the necessary qualifications and competencies applicable to that rail safety work; and the worker has the knowledge and skills that would enable the worker to carry out the rail safety work safely. Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work. A rail transport operator must maintain records in accordance with the national regulations of the competence of rail safety workers who carry out rail safety work on or in relation to the operator’s rail infrastructure or rolling stock. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. A person who provides a document or information in relation to the assessment by a rail transport operator of the competency of that person to carry out rail safety work that the person knows— is false or misleading in a material particular; or omits any matter or thing without which the document or information is misleading, is guilty of an offence. Maximum penalty: $10 000. In this section, a reference to the AQF is a reference to the Australian Qualifications Framework within the meaning of the Higher Education Support Act 2003 of the Commonwealth as in force from time to time, and includes a reference to any national policy that may be made in substitution for the Australian Qualifications Framework as in force from time to time. s 117 amd 2016 No. 31 (SA) s 6 ; 2023 No. 3 (SA) s 5 (sec.117-ssec.1) A rail transport operator must ensure that each rail safety worker who is to carry out rail safety work in relation to railway operations in respect of which the operator is required to be accredited has the competence to carry out that work. Maximum penalty: in the case of an individual—$50 000; in the case of a body corporate—$500 000. (sec.117-ssec.2) For the purposes of subsection (1) , the competence of a rail safety worker to carry out rail safety work— must be assessed— in accordance with any qualification and units of competence recognised under the AQF applicable to that rail safety work; or if subparagraph (i) does not apply—in accordance with any qualifications or competencies prescribed by the national regulations; and must be assessed by reference to the knowledge and skills of the worker that would enable the worker to carry out the rail safety work safely. (sec.117-ssec.3) A certificate purporting to have been issued under the AQF to a rail safety worker certifying that the worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units of competence. (sec.117-ssec.4) Subsection (2) does not apply if— it is not reasonably practicable for a rail transport operator to assess the competence of a rail safety worker to carry out rail safety work in relation to the operator’s rail infrastructure or rolling stock in accordance with that subsection; and the operator satisfies the Regulator that— the worker has otherwise acquired the necessary qualifications and competencies applicable to that rail safety work; and the worker has the knowledge and skills that would enable the worker to carry out the rail safety work safely. (sec.117-ssec.5) Nothing in this section prevents a rail transport operator from requiring a rail safety worker to undertake further training before carrying out rail safety work. (sec.117-ssec.6) A rail transport operator must maintain records in accordance with the national regulations of the competence of rail safety workers who carry out rail safety work on or in relation to the operator’s rail infrastructure or rolling stock. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. (sec.117-ssec.6a) A person who provides a document or information in relation to the assessment by a rail transport operator of the competency of that person to carry out rail safety work that the person knows— is false or misleading in a material particular; or omits any matter or thing without which the document or information is misleading, is guilty of an offence. Maximum penalty: $10 000. (sec.117-ssec.7) In this section, a reference to the AQF is a reference to the Australian Qualifications Framework within the meaning of the Higher Education Support Act 2003 of the Commonwealth as in force from time to time, and includes a reference to any national policy that may be made in substitution for the Australian Qualifications Framework as in force from time to time. s 117 amd 2016 No. 31 (SA) s 6 ; 2023 No. 3 (SA) s 5