Div 8Investigating and reporting by rail transport operators

Division 8—Investigating and reporting by rail transport operators 121—Notification of certain occurrences (1) A rail transport operator must report to the Regulator or another authority specified by the Regulator within the time, and in the manner, prescribed by the national regulations, all notifiable occurrences that happen on, or in relation to, the operator's railway premises or railway operations. (2) Two or more rail transport operators may make a joint report with respect to a notifiable occurrence affecting them. (3) In addition to the matters specified in subsection (1), the Regulator may, by written notice given to a rail transport operator, require the operator to report to the Regulator or another authority specified by the Regulator, any other occurrence or type of occurrence which endangers or could endanger the safe operation of any railway operations. (4) A rail transport operator to whom a requirement under subsection (3) applies must comply with the requirement. (5) The Regulator may require information in a report under this section to be verified by statutory declaration. 122—Investigation of notifiable occurrences (1) The Regulator may, by written notice given to a rail transport operator, require the operator to investigate notifiable occurrences, or any other occurrences that have endangered or may endanger the safe operation of the railway operations carried out by the operator. (2) The level of investigation must be determined by the severity and potential consequences of the notifiable occurrence as well as by other similar occurrences and its focus should be to determine the cause and contributing factors, rather than to apportion blame. (3) The rail transport operator must ensure that the investigation is conducted in a manner approved by the Regulator and within the period specified by the Regulator. (4) A rail transport operator who has carried out an investigation under this section must report to the Regulator on the investigation in a manner specified by the Regulator within the period specified by the Regulator. (5) However, information or a document provided by a rail transport operator in a report under this section is not admissible as evidence against the operator in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the information or document.