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The ''Rail Safety Act 2006'' is a law enacted by the Parliament of the
State of Victoria Victoria, commonly abbreviated as Vic, is a state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; ...
,
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, and is the prime
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
regulating the
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
of rail operations in Victoria. The Act was developed as part of the Transport Legislation Review conducted by the
Department of Transport A ministry of transport or transportation is a ministry responsible for transportation within a country. It usually is administered by the ''minister for transport''. The term is also sometimes applied to the departments or other government a ...
between 2004 and 2010 and is aimed at preventing deaths and injuries arising from
rail Rail or rails may refer to: Rail transport *Rail transport and related matters *Railway track or railway lines, the running surface of a railway Arts and media Film * ''Rails'' (film), a 1929 Italian film by Mario Camerini * ''Rail'' (1967 fil ...
operations. The Act was the State's first dedicated
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
on the subject and replaced provisions in the former '' Transport Act 1983''. The Act forms part of the
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
policy Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an or ...
and
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
framework in Victoria set by the ''
Transport Integration Act 2010 The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the '' Transport Act 1983'', which was ren ...
'', and its provisions are subject to the overarching transport system vision, transport system objectives and decision making principles set out in the ''Transport Integration Act''. The Act was passed in early 2006 and commenced on 1 August of that year. The Act also established Victoria's first independent transport safety regulator, the Director, Public Transport Safety. In 2010 the statutory office of Director, Public Transport Safety was replaced by the
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the ...
. Though functionally independent, the Director is part of the Department of Transport and reports to the relevant Ministers.Transport Integration Act 2010, section 194. The responsible Minister for the Act is the Minister for Public Transport, currently
Jacinta Allan Jacinta Marie Allan (born 19 September 1973) is an Australian politician serving as the 49th and current premier of Victoria since 2023. She has been the leader of the Victorian branch of the Australian Labor Party (ALP) since 2023 and has been ...
.


Outline

The stated purpose of the Act is "...to provide for safe rail operations in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
". The objects of the Act center on the
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
of rail operations, management of safety risks, continuous improvement in rail safety management, public confidence in the safety of
rail transport Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in railway track, tracks, which usually consist of two parallel steel railway track, rails. Rail transport is one of the two primary means of ...
and appropriate stakeholder involvement. The Act also contains a number of overarching policy principles relating to shared responsibility, accountability for managing safety risks, integrated
risk management Risk management is the identification, evaluation, and prioritization of risks, followed by the minimization, monitoring, and control of the impact or probability of those risks occurring. Risks can come from various sources (i.e, Threat (sec ...
,
enforcement Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations. En ...
, transparency, consistency and stakeholder involvement. The Act establishes a regulatory scheme with the following key elements: * a number of performance based safety duties applying to a broad range of parties who can affect rail safety outcomes * an accreditation scheme concentrating on key rail industry operational parties * a requirement that rail operators have a
safety management system An occupational safety management system (OSMS) is a management system designed to manage occupational safety and health risks in the workplace. If the system contains elements of management of longer-term health impacts and occupational disease, ...
in place * a broad range of sanctions and penalties * cost benefit protections against excessive action by the regulator against industry participants * alcohol and drug controls on rail safety workers * provision for the making of codes of practice to give guidance to regulated rail industry parties. The Act also established the State's first dedicated public transport safety regulator - the Director, Public Transport Safety - which was created as an independent
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
office.


Parts

The Act is divided into ten parts: # Preliminary # Principles of Rail Safety # Rail Safety Duties and Other Safety Requirements # Protection and Control of Rail Operations # Accreditation of Rail Infrastructure and Rolling Stock Operations # Alcohol and Other Drug Controls for Rail Safety Workers # Review of Decisions # Codes of Practice # General # Other Amendments to Acts, Savings and Transitional


Coverage

The Act regulates the
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
compliance of most
rail transport in Victoria Rail transport in the Australian state of Victoria is provided by a number of railway operators who operate over the government-owned railway lines. The network consists of 2,357 km of Victorian broad gauge () lines, and 1,912 km of standard g ...
including heavy and light rail systems, public and private sidings, tramways and tourist and heritage rail operations. The main
railways Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in tracks, which usually consist of two parallel steel rails. Rail transport is one of the two primary means of land transport, next to roa ...
regulated by the Act include the Melbourne heavy rail system, the Melbourne tram and light rail network, Victoria's regional standard and broad gauge rail networks and regional tourist and heritage
railways Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in tracks, which usually consist of two parallel steel rails. Rail transport is one of the two primary means of land transport, next to roa ...
. Railways excluded from coverage under the Act include railways in mines, amusement and theme park railways and
slipway A slipway, also known as boat ramp or launch or boat deployer, is a ramp on the shore by which ships or boats can be moved to and from the water. They are used for building and repairing ships and boats, and for launching and retrieving smal ...
s.


Duties

Part 3 of the Act sets out a number of performance based safety duties which are required to be observed by designated rail industry participants including: * rail infrastructure managers (including persons in charge of rail tracks) *
rolling stock The term rolling stock in the rail transport industry refers to railway vehicles, including both powered and unpowered vehicles: for example, locomotives, Railroad car#Freight cars, freight and Passenger railroad car, passenger cars (or coaches) ...
operators * rail
contractors A contractor (North American English) or builder (British English), is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the c ...
* labour-hire entitiesRail Safety Act 2006, section 23. * rail safety workers. "Rail contractor" is defined broadly by the Act to include a range of persons including those involved in design, construction, manufacture, supply, installation, maintenance, repair and modification who knows or ought reasonably to know that things were to be used as rail infrastructure or
rolling stock The term rolling stock in the rail transport industry refers to railway vehicles, including both powered and unpowered vehicles: for example, locomotives, Railroad car#Freight cars, freight and Passenger railroad car, passenger cars (or coaches) ...
. The typical formulation of a safety duty specifies that persons in this category must ensure the safety of things for which they are responsible "so far as is reasonably practicable" although the formulation varies according to the party. Rail infrastructure managers and rolling stock operators, for example, are also required to provide or maintain systems of rail safety work that are, so far as is reasonably practicable, safe. Penalties for breach of the safety duties are substantial and vary among
natural person In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the br ...
and
body corporate In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "''legal'' person" is t ...
offenders. The framework of safety duties in the Act seeks to give practical effect to the so-called "chain of responsibility" concept in the
rail Rail or rails may refer to: Rail transport *Rail transport and related matters *Railway track or railway lines, the running surface of a railway Arts and media Film * ''Rails'' (film), a 1929 Italian film by Mario Camerini * ''Rail'' (1967 fil ...
safety sector. That concept seeks to identify the parties who are in a sufficient position of control over risks, in this case to safety, and to allocate responsibility by
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
accordingly.


Accreditation scheme

Two key parties responsible for the direct operation of
railways Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in tracks, which usually consist of two parallel steel rails. Rail transport is one of the two primary means of land transport, next to roa ...
in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
, rail infrastructure managers and
rolling stock The term rolling stock in the rail transport industry refers to railway vehicles, including both powered and unpowered vehicles: for example, locomotives, Railroad car#Freight cars, freight and Passenger railroad car, passenger cars (or coaches) ...
operators, are not permitted to operate under the Act unless they are granted
accreditation Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
by the regulator. The purpose of accreditation is to attest to an operator's competence and capacity to manage the risks to safety associated with their rail operations. Matters applicants are required to demonstrate under the scheme are that their
safety management system An occupational safety management system (OSMS) is a management system designed to manage occupational safety and health risks in the workplace. If the system contains elements of management of longer-term health impacts and occupational disease, ...
complies with the Act, that they have sufficient financial capacity or
insurance Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to protect ...
to meet potential accident liabilities, and other matters.


Safety management systems

Certain rail operators, that is infrastructure managers and
rolling stock The term rolling stock in the rail transport industry refers to railway vehicles, including both powered and unpowered vehicles: for example, locomotives, Railroad car#Freight cars, freight and Passenger railroad car, passenger cars (or coaches) ...
operators, are required to have a
safety management system An occupational safety management system (OSMS) is a management system designed to manage occupational safety and health risks in the workplace. If the system contains elements of management of longer-term health impacts and occupational disease, ...
(SMS) to ensure the safe management of their rail operations. A safety management system must be documented and "...provide a comprehensive and integrated management system..." setting out all
risks In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environ ...
and control measures. In essence, the SMS is the key safety plan for those parties who have ground level operational responsibilities in the rail sector.


Compliance

Compliance-related provisions to support the Rail Safety Act scheme were not included in that Act and instead were included in the then Transport Act 1983 (since renamed, the
Transport (Compliance and Miscellaneous) Act 1983 The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and com ...
). The compliance support scheme centres on provisions enabling the appointment of authorised officers, conferral of coercive powers and a range of administrative and court-based sanctions. The key elements are: * appointment of officers transport safety officers * powers relating to entry to
railway Rail transport (also known as train transport) is a means of transport using wheeled vehicles running in railway track, tracks, which usually consist of two parallel steel railway track, rails. Rail transport is one of the two primary means of ...
premises,
inspection An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity. ...
, securing sites,
use of force The use of force, in the context of law enforcement, may be defined as "the amount of effort required by police to compel compliance by an unwilling subject." Multiple definitions exist according to context and purpose. In practical terms, use o ...
and
seizure A seizure is a sudden, brief disruption of brain activity caused by abnormal, excessive, or synchronous neuronal firing. Depending on the regions of the brain involved, seizures can lead to changes in movement, sensation, behavior, awareness, o ...
of things * powers to
search Searching may refer to: Music * "Searchin', Searchin", a 1957 song originally performed by The Coasters * Searching (China Black song), "Searching" (China Black song), a 1991 song by China Black * Searchin' (CeCe Peniston song), "Searchin" (C ...
, enter and require production of documents and information and to require name and address details * sanctions and penalties such as improvement notices, prohibition notices and infringement notices * powers to initiate prosecutions, receive safety undertakings and impose commercial benefits penalty orders, supervisory intervention orders, exclusion orders and adverse publicity orders.


Responsible regulator

The
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the ...
, who operates as Transport Safety Victoria, is the responsible regulator for the application and enforcement of the Act, and the regulation of
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
performance of the rail sector in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
. The office was created by the
Transport Integration Act 2010 The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the '' Transport Act 1983'', which was ren ...
. It commenced on 1 July 2010 and subsumed the former office of the Director, Public Transport Safety within a broader
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
safety office. The Director is part of the Department of Transport, but is functionally independent of the department and responsible Ministers, except in limited circumstances. The Director reports to the relevant Ministers.


Development


Regulatory scheme

The development of the proposal for the Act was managed by the former Department of Infrastructure in Victoria as part of its Transport Legislation Review project. The department released an issues paper outlining the broad policy outline for rail safety scheme
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
in May 2004. The paper outlined a series of concerns about the former rail safety
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
framework in Victoria including concerns about safety trends and outcomes and comparisons with schemes in overseas jurisdictions. Comments on the issues paper were requested from
industry Industry may refer to: Economics * Industry (economics), a generally categorized branch of economic activity * Industry (manufacturing), a specific branch of economic activity, typically in factories with machinery * The wider industrial sector ...
parties and other interested stakeholders. Comments received from industry,
government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
and other stakeholders resulted in the refinement of the proposal and changes to its design.


Governance scheme

The proposal for a new
public transport Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
regulator was developed separately but concurrently with the development of the rail safety regulatory scheme. The department commissioned a further review which led to a detailed report on the subject. The review examined
governance Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...
arrangements for safety
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
in the public transport sector drawing on
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
n and overseas models. Recommendations were made aimed at improving the
governance Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...
,
accountability In ethics and governance, accountability is equated with answerability, culpability, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the public secto ...
and
methodology In its most common sense, methodology is the study of research methods. However, the term can also refer to the methods themselves or to the philosophical discussion of associated background assumptions. A method is a structured procedure for bri ...
of the then public transport regulator which at that time obtained its powers to regulate safety through delegation from the
Secretary A secretary, administrative assistant, executive assistant, personal secretary, or other similar titles is an individual whose work consists of supporting management, including executives, using a variety of project management, program evalu ...
of the Department of Infrastructure. Particular concerns were expressed about the lack of
independence Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of ...
of the regulator function and the perceived lack of clarity about its
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
and accountabilities as well as conflict of interest concerns.''Review of the Role and Accountability Arrangements for Public Transport and Marine Safety Regulation in Victoria'', TFG International Pty Ltd, November 2004 - see findings relating to
terms of reference Terms of reference (TOR) define the purpose and structures of a project, committee, meeting, negotiation, or any similar collection of people who have agreed to work together to accomplish a shared goal. Terms of reference show how the object in ...
3 for the review, page 5.
Ultimately, the review recommended the creation of an independent
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
office with a clearer
charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...
and
accountability In ethics and governance, accountability is equated with answerability, culpability, liability, and the expectation of account-giving. As in an aspect of governance, it has been central to discussions related to problems in the public secto ...
arrangements. The governance review also examined the case for merging the public transport regulator with the then Victorian marine safety regulator, the Director of Marine Safety. While not recommended at that time, the review found that integration of the functions could be examined in two to three years time once the public transport regulatory schemes had been settled and further examination of marine
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
had occurred. The
Victorian Government The Victoria State Government, also referred to as the Victorian Government, is the executive government of the Australian state of Victoria. As a parliamentary constitutional monarchy, the State Government was first formed in 1851 when Vic ...
ultimately pursued the full integration of its public transport and marine safety regulators five years later as part of its
Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of Victoria, Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria (Australia), Victoria, having replaced major parts ...
proposal. Ultimately, the proposals for both a new rail safety
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
scheme and new public transport safety governance arrangements were presented to the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly ...
as proposed
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
in early October 2005.


Parliamentary approval


Introduction

The Rail Safety Act was introduced into the
lower house A lower house is the lower chamber of a bicameral legislature, where the other chamber is the upper house. Although styled as "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or otherwise e ...
of the
Victorian Parliament The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly ...
, the
Victorian Legislative Assembly The Victorian Legislative Assembly is the states and territories of Australia, state lower house of the bicameral Parliament of Victoria in Australia; the state upper house being the Victorian Legislative Council. Both houses sit at Parliament H ...
, as the Rail Safety Bill. The Bill was introduced at the same time as th
Transport Legislation (Safety Investigations) Bill
a proposal to establish an independent public transport and marine safety investigator in Victoria, and the Bills were debated together. The responsible Minister for both Bill proposals was the then Minister for Transport,
Peter Batchelor Peter John Batchelor (born 21 September 1950) is an Australian former politician who served as an Australian Labor Party (ALP) member of the Victorian Legislative Assembly seat of Thomastown from 1990 until 2010. Batchelor was born in western ...
. The Minister moved the
second reading A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming ...
of the Rail Safety Bill on 6 October 2005 and set the context for the Bill in his speech in support as follows: ::"This Bill heralds a new era in rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
. While Victoria has a proud rail safety record over the 150 years of rail operations in the State, new enhanced rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
and
public transport Public transport (also known as public transit, mass transit, or simply transit) are forms of transport available to the general public. It typically uses a fixed schedule, route and charges a fixed fare. There is no rigid definition of whic ...
governance Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...
is essential in order to maintain our current high
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
levels and to generate continuous
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
improvements in the future. ::Government and
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
operators must remain vigilant about rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
performance. Together, we need to seek further safety improvements in an industry where, as international and interstate experiences show, incidents have the potential for serious consequences for life and limb. This is a particular issue for
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
where the responsibility for the delivery and operation of
passenger A passenger is a person who travels in a vehicle, but does not bear any responsibility for the tasks required for that vehicle to arrive at its destination or otherwise operate the vehicle, and is not a steward. The vehicles may be bicycles, ...
and
freight In transportation, cargo refers to goods transported by land, water or air, while freight refers to its conveyance. In economics, freight refers to goods transported at a freight rate for commercial gain. The term cargo is also used in ...
rail services has been largely devolved to private operators and away from direct Government control. ::Victoria's challenge, and more broadly the challenge for the nation, is to learn from the
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
improvements in other jurisdictions and industries and to adopt
best practice A best practice is a method or technique that has been generally accepted as superior to alternatives because it tends to produce superior results. Best practices are used to achieve quality as an alternative to mandatory standards. Best practice ...
regulation Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
that facilitates better
hazard identification A hazard analysis is one of many methods that may be used to assess risk. At its core, the process entails describing a system object (such as a person or machine) that intends to conduct some activity. During the performance of that activity, a ...
and
risk management Risk management is the identification, evaluation, and prioritization of risks, followed by the minimization, monitoring, and control of the impact or probability of those risks occurring. Risks can come from various sources (i.e, Threat (sec ...
-- activities aimed at preventing incidents, and at mitigating their consequences if ever they do occur. With these considerations in mind, it has been a key objective of the Government to develop a contemporary
best practice A best practice is a method or technique that has been generally accepted as superior to alternatives because it tends to produce superior results. Best practices are used to achieve quality as an alternative to mandatory standards. Best practice ...
rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
regime for the State."


Debate, criticism and amendments

The Rail Safety Bill was the subject of a reasoned amendment moved by the then Opposition shadow Transport Minister
Terry Mulder Terence Wynn Mulder (born 16 August 1952) is a former Australian politician. He was a Liberal member of the Victorian Legislative Assembly from 1999 to 2015, representing the Colac-based electorate of Polwarth. He served as Minister for Pub ...
on 1 March 2006 in the Legislative Assembly. The amendment sought to defer the Parliament's consideration of the Bill pending the approval of a national model Rail Safety Bill which had adopted the Victorian policy framework but which was being developed on a later timetable by the National Transport Commission. Mulder stated: ::"The National Transport Commission has developed a model Bill for rail safety throughout
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
and is still in the process of consulting with industry groups and State Governments.
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
has jumped the gun and decided to go it alone. As indicated in the second-reading speeches, the Government proposes to tidy up the
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
as it moves forward."
Parliament of Victoria The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria (state), Victoria that follows a Westminster System, Westminster-derived parliamentary system. It consists of the Monarchy in Australia, King, represent ...
, Hansard, Legislative Assembly, 1 March 2006.
::"In reality the rail industry is looking for and wants a single regulator. It wants simplification and
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
which are uniform across all States. As I have said, the Minister was not prepared to do that. I understand that the
Victorian Government The Victoria State Government, also referred to as the Victorian Government, is the executive government of the Australian state of Victoria. As a parliamentary constitutional monarchy, the State Government was first formed in 1851 when Vic ...
has agreed to follow several provisions of the model Bill. But there are other parts of the model Bill that the minister has not seen fit to follow. This has all the hallmarks of the
Victorian Government The Victoria State Government, also referred to as the Victorian Government, is the executive government of the Australian state of Victoria. As a parliamentary constitutional monarchy, the State Government was first formed in 1851 when Vic ...
trying to take the agenda away from the National Transport Commission, putting in place a process and trying to drive the agenda from that point forward." In response, the Minister observed that: ::(Members) have spoken on a landmark piece of
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
which sees
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
leading and not following. We are leading the way in national rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
reform Reform refers to the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc. The modern usage of the word emerged in the late 18th century and is believed to have originated from Christopher Wyvill's Association movement, which ...
. We are achieving objectives that many State Transport Ministers have been attempting to achieve along with their national colleagues. .... This is an important piece of
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
because the Rail Safety Bill will become the model
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
for all other
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
n jurisdictions." The Government moved a series of amendments to the Bill during the latter stages of its passage in the Legislative Assembly largely to give effect to national alignment matters agreed between the Department of Infrastructure and the National Transport Commission.


Passage, assent and commencement

The Rail Safety Bill was passed by the Legislative Assembly on 1 March 2006 and was introduced into the
Victorian Legislative Council The Victorian Legislative Council is the upper house of the bicameral Parliament of Victoria, Australia, the lower house being the Victorian Legislative Assembly, Legislative Assembly. Both houses sit at Parliament House, Melbourne, Parliament ...
on 2 March 2006. Second reading was moved in the council on 28 March and the Bill was ultimately passed without further amendment on 29 March 2006. The Rail Safety Bill received
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
on 4 April 2006 to become the Rail Safety Act 2006. The Act was ultimately proclaimed to commence on 1 August 2006. The Rail Safety Regulations 2006 which were required to support the operation of the Act also operated from the same date thereby formally commencing the new rail safety regulation scheme.


Amendments to the Act

The Act has been subject to some significant amendments since it was passed in 2006. These include requirements on rail infrastructure managers and road managers since 1 July 2010 to enter into "safety interface agreements". The scheme pursues the identification and management of
risks In simple terms, risk is the possibility of something bad happening. Risk involves uncertainty about the effects/implications of an activity with respect to something that humans value (such as health, well-being, wealth, property or the environ ...
to
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
at road/rail crossings, particularly
level crossing A level crossing is an intersection where a railway line crosses a road, Trail, path, or (in rare situations) airport runway, at the same level, as opposed to the railway line or the road etc. crossing over or under using an Overpass#Railway, o ...
s, as one means of improving safety outcomes at those locations.


National impact


2006 Model Bill

The development and passage of the Rail Safety Act in
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
in March 2006 was followed by policy and legislation developments at the national level. In June 2006, th
Australian Transport Council
approved a model Rail Safety Bill for adoption in law by the States and the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
. The
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
framework in the national model Bill adopted the scheme set out in the Victorian Act. Accordingly, the Victorian
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
satisfied the core national scheme requirements and required small changes only to be compatible with the national draft. Adoption of the model national Bill was gradual. The national proposal was subsequently adopted by
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
(in 2007),
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
(2008) and
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
(2009) and eventually in
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
(2010), the Northern Territory (2010) and
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
(2010). Once it was clear that a majority of other jurisdictions had implemented the new framework, the Victorian Rail Safety Act was amended to acknowledge that the Victorian
statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
forms part of the nationally consistent rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
scheme


2008 centralisation proposal

A further national proposal emerged in 2008 at the instigation of the
Rudd Government Rudd Government may refer to the following Australian governments: * Rudd government (2007–10) * Rudd government (2013) {{Dab ...
. This followed soon after the approval of the national model Rail Safety Bill and before most States and the Northern Territory were able to embed the model Bill into their local laws. Th
Australian Transport Council
and the
Council of Australian Governments The Council of Australian Governments (COAG) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local G ...
are pursuing a centralisation proposal (sometimes called the "single national rail safety regulator") to establish a safety regulator for all rail operations in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
including
interstate The Dwight D. Eisenhower National System of Interstate and Defense Highways, commonly known as the Interstate Highway System, or the Eisenhower Interstate System, is a network of controlled-access highways that forms part of the National H ...
railways and domestic state and territory urban systems (heavy rail, light rail and tram) and shortlines. The proposal forms part of a "seamless national economy" proposal being pursued by the Commonwealth Government and
COAG The Council of Australian Governments (COAG) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local Go ...
. The proposal envisages the establishment of an applied laws scheme and a central rail safety regulation bureaucracy for
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
located in
Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...
in
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
and the abolition of the current rail safety regulators in the States and the Northern Territory. Negotiations are currently underway between the
Commonwealth Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime ...
and States and Territories on this centralisation proposal. Final approval and adoption of legislation and other arrangements is still to occur. There has been both support for and opposition to the full centralised regulatory proposal since it was first raised.


Support

The Overland ''The Overland'' is an interstate passenger train service in Australia, travelling between the state capitals of Melbourne and Adelaide, a distance of 828 km (515 mi). It first ran in 1887 as the ''Adelaide Express'', known by Sout ...
is a passenger train between
Melbourne Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victori ...
, Victoria and
Adelaide Adelaide ( , ; ) is the list of Australian capital cities, capital and most populous city of South Australia, as well as the list of cities in Australia by population, fifth-most populous city in Australia. The name "Adelaide" may refer to ei ...
,
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
. Operated by private company, Great Southern Rail, the train operates between the Melbourne terminal of
Southern Cross CRUX is a lightweight x86-64 Linux distribution targeted at experienced Linux users and delivered by a tar.gz-based package system with BSD-style initscripts. It is not based on any other Linux distribution. It also utilizes a ports system to ...
, and
Adelaide Parklands Terminal Adelaide Parklands Terminal, formerly known as Keswick Terminal, is the interstate passenger railway station in Adelaide, South Australia. The terminal is north of the suburb of Keswick, by road south-west of the city centre, and adjoins t ...
in Adelaide, and covers 828 kilometres between capitals.]. When in Victoria, the train operates under the Victorian Rail Safety Act and in South Australia under the companion South Australian Act of the same name. Coordinated regulatory activity is ensured by the regulators of each State and by the Rail Safety Regulators' Panel. The original centralisation concept has been supported by interstate rail interests and jurisdictions such as
Tasmania Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The sta ...
,
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
,
South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. With a total land area of , it is the fourth-largest of Australia's states and territories by area, which in ...
, the
Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...
and the
Northern Territory The Northern Territory (abbreviated as NT; known formally as the Northern Territory of Australia and informally as the Territory) is an states and territories of Australia, Australian internal territory in the central and central-northern regi ...
. Those parties have argued that having separate rail
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
regulators in each jurisdiction is inefficient and costly for the rail industry, particularly cross border operators, and also for Governments. Supporters of the proposal have also asserted that Australia's regulatory system for rail needs to be modernised to reflect a national approach to transport policy planning and to support the safe, efficient and sustainable growth of the railway industry. It has also been suggested that the establishment of a national rail safety administration will "...deliver better rail safety outcomes for Australia, as it will draw on a national pool of knowledge and resources". Advocates of the project have also suggested that the cost savings that might accrue as a result of more centralised rail safety laws and bureaucracy will result in better safety results because rail operators will use any monetary savings to improve their safety systems. In addition, smaller jurisdictions generally see the rail safety regulation function as expensive and wish to shift costs to the Commonwealth Government. Concerns have also been expressed about the progress of harmonisation across
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, including since the approval of the national model Rail Safety Bill.


Criticism

The centralised regulator proposal has been opposed at times by
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
,
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
and the
Western Australian Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
rail safety regulator who have pointed to a lack of quantitative or qualitative evidence of impacts of the current jurisdiction-based national system on operator costs, particularly in light of the predominance of intrastate
urban Urban means "related to a city". In that sense, the term may refer to: * Urban area, geographical area distinct from rural areas * Urban culture, the culture of towns and cities Urban may also refer to: General * Urban (name), a list of people ...
rail movements in
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
over
interstate The Dwight D. Eisenhower National System of Interstate and Defense Highways, commonly known as the Interstate Highway System, or the Eisenhower Interstate System, is a network of controlled-access highways that forms part of the National H ...
movements. These jurisdictions have also pointed to the good performance of rail safety regulation in Australia in recent years which has seen long-term trends point to reductions in deaths and injuries from rail operations. Agreement has already been reached to excise the Melbourne tram system from the national proposal; however Victoria and New South Wales in particular have indicated ongoing difficulties with ceding safety control over the large Melbourne and Sydney suburban rail systems to an entity located in Adelaide. Some
jurisdictions Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels ...
and stakeholders have contrasted the more decentralised regulatory position in other large rail
federations A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the co ...
, particularly the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
and
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, where countries and provinces retain strong local control of rail safety regulation and administration, especially in relation to urban and metro systems. Some concerns raised in this context have reflected on the lack of
subsidiarity Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsid ...
consideration evident in the national proposal. Concerns have also been expressed about the single mode aspect of the national centralisational proposal which would remove rail safety regulation from the
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
and Victorian regulators. Critics argue that the national proposal militates against the contemporary integrated transport directions evident in these larger jurisdictions in recent years. These directions have seen transport safety regulators becoming increasingly multi modal and covering modes such as rail, tram, bus and maritime in the one agency as a way of sharing safety expertise, reducing duplication and minimising opportunities for
regulatory capture In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor ...
. The national proposal would reverse this modern trend and create a single rail safety regulator. Some stakeholders have criticised the safety credibility of the centralisation proposal, observing that the proposal is more directed at
economic An economy is an area of the Production (economics), production, Distribution (economics), distribution and trade, as well as Consumption (economics), consumption of Goods (economics), goods and Service (economics), services. In general, it is ...
benefits rather than
safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
improvements and that, as a result, it has the potential to increase rail safety risks. Several stakeholders have also raised the prospect of any new regulator becoming subject to
regulatory capture In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor ...
.


Current directions

The centralisation proposal remains unresolved although the current proposal suggests a start up date of 1 January 2013 for a new systemSee communiques at www.coag.gov.au and outcomes from the Australian Transport Council. which is still in evolution. Recent developments suggest that a centralised regulator will be established to take over the rail safety regulation functions of a majority of jurisdictions but that the most populous jurisdictions such as
New South Wales New South Wales (commonly abbreviated as NSW) is a States and territories of Australia, state on the Eastern states of Australia, east coast of :Australia. It borders Queensland to the north, Victoria (state), Victoria to the south, and South ...
and
Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...
and potentially other large rail States such as
Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...
and
Western Australia Western Australia (WA) is the westernmost state of Australia. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to the south, the Northern Territory to the north-east, and South Australia to the south-east. Western Aust ...
may retain a local regulatory presence under service level agreements. Jurisdictions which choose to operate under service level agreements may do so through their existing regulators operating in conjunction with the Adelaide-based national regulation bureaucracy and under centrally determined
policy Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an or ...
and operational directions.


See also

*
Rail transport in Victoria Rail transport in the Australian state of Victoria is provided by a number of railway operators who operate over the government-owned railway lines. The network consists of 2,357 km of Victorian broad gauge () lines, and 1,912 km of standard g ...
*
Railways in Melbourne The Melbourne rail network is a metropolitan Commuter rail, suburban and Rail freight transport, freight rail system serving the city of Melbourne, Victoria (Australia), Victoria, Australia. The metropolitan rail network is centred around th ...
*
Trams in Melbourne The Melbourne tramway network is a Tram, tramway system serving the city of Melbourne, Victoria (Australia), Victoria, Australia. The tramway network is centred around the Melbourne central business district (CBD) and consists of approximately ...
*
Buses in Melbourne Buses in Melbourne, Australia, are a major form of Transport in Melbourne, public transport in Melbourne, with an extensive bus network. There are List of Melbourne bus routes, around 400 routes in operation with a varying range of service freq ...
* Transport Legislation Review *
Safety Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk. Meanings The word 'safety' entered the English language in the 1 ...
*
COAG The Council of Australian Governments (COAG) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government, the governments of the six states and two mainland territories and the Australian Local Go ...
*
Transport Integration Act The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of Victoria, Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria (Australia), Victoria, having replaced major parts ...
*
Director, Transport Safety The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the ...
* Chief Investigator, Transport Safety * Tourist and Heritage Railways Act * Transport Act 1983 *
Transport (Compliance and Miscellaneous) Act 1983 The ''Transport (Compliance and Miscellaneous) Act 1983'' (the Act) is a prime statute regulating transport activities in the State of Victoria, Australia. Key areas regulated by the statute currently include taxi and hire car services and com ...


References


External links


Department of Transport

Transport Safety Victoria

Australian Transport Council

Council of Australian Governments
{{DEFAULTSORT:Rail Transport In Victoria * Victoria (state) legislation
Rail Safety Act The ''Rail Safety Act 2006'' is a law enacted by the Parliament of the Victoria (Australia), State of Victoria, Australia, and is the prime statute regulating the safety of Rail transport in Victoria, rail operations in Victoria. The Act was ...
2006 in Australian law 2006 in Victoria (state) History of rail transport in Australia 2006 in rail transport Railway legislation