sec.231Supervisory intervention order

sec.231 Supervisory intervention order

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. 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: 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: appointing or removing staff to or from particular activities or positions; training and supervising staff; obtaining expert advice as to maintaining appropriate compliance; installing monitoring, compliance, managerial or operational equipment; implementing monitoring, compliance, managerial or operational practices, systems or procedures; 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; to furnish compliance reports to the Regulator or the court or both as specified in the order; to appoint a person to have responsibilities— to assist the person in improving compliance with this Law or specified aspects of this Law; and 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 to furnish compliance reports to the Regulator or the court or both as specified in the order. 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. 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. The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person’s ability or willingness to comply with this Law, having regard to— the offences against Australian rail safety laws of which the person has been previously found guilty; and the offences against Australian rail safety laws for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations. The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order. A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of— the Regulator; or the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment. A person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. In this section— compliance report , in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to— the performance of the person in complying with— the rail safety laws or aspects of rail safety laws specified in the order; and the requirements of the order; and without limiting the above— things done by the person to ensure that any failure by the person to comply with the rail safety laws or the specified aspects of the rail safety laws does not continue; and the results of those things having been done. (sec.231-ssec.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. (sec.231-ssec.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: 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: appointing or removing staff to or from particular activities or positions; training and supervising staff; obtaining expert advice as to maintaining appropriate compliance; installing monitoring, compliance, managerial or operational equipment; implementing monitoring, compliance, managerial or operational practices, systems or procedures; 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; to furnish compliance reports to the Regulator or the court or both as specified in the order; to appoint a person to have responsibilities— to assist the person in improving compliance with this Law or specified aspects of this Law; and 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 to furnish compliance reports to the Regulator or the court or both as specified in the order. (sec.231-ssec.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. (sec.231-ssec.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. (sec.231-ssec.5) The court may only make a supervisory intervention order if it is satisfied that the order is capable of improving the person’s ability or willingness to comply with this Law, having regard to— the offences against Australian rail safety laws of which the person has been previously found guilty; and the offences against Australian rail safety laws for which the person has been proceeded against by way of unwithdrawn expiation notices or infringement notices; and any other offences or other matters that the court considers to be relevant to the conduct of the person in connection with railway operations. (sec.231-ssec.6) The order may direct that any other penalty or sanction imposed for the offence by the court is suspended until the court determines that there has been a substantial failure to comply with the order. (sec.231-ssec.7) A court that has power to make supervisory intervention orders may revoke or amend a supervisory intervention order on the application of— the Regulator; or the person in respect of whom the order was made, but in that case only if the court is satisfied that there has been a change of circumstances warranting revocation or amendment. (sec.231-ssec.8) A person who is subject to a requirement of a supervisory intervention order must not engage in conduct that results in a contravention of the requirement. Maximum penalty: in the case of an individual—$10 000; in the case of a body corporate—$50 000. (sec.231-ssec.9) In this section— compliance report , in relation to a person in respect of whom a supervisory intervention order is made, means a report relating to— the performance of the person in complying with— the rail safety laws or aspects of rail safety laws specified in the order; and the requirements of the order; and without limiting the above— things done by the person to ensure that any failure by the person to comply with the rail safety laws or the specified aspects of the rail safety laws does not continue; and the results of those things having been done.