Rail Safety National Law (South Australia) (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 7 September 2022.)

The DEPUTY SPEAKER: Member for Hartley, you have the floor.

Mr TARZIA (Hartley) (12:53): Thank you, Mr Acting Speaker—

The Hon. A. Koutsantonis interjecting:

Mr TARZIA: Deputy Speaker, sorry, sir. It is about time the member for West Torrens had a win today.

I rise today to support this bill. South Australia, being the lead legislator for the Rail Safety National Law, has an important responsibility to ensure that the spirit of the national law is being upheld and that its functions work as intended. We know there are areas within the Rail Safety National Law that need to be addressed, and one such issue we are aware of concerns the incidence of rail safety workers potentially altering certificates of competence which are then provided to rail transport operators, which could effectively undermine the necessity for the certificate. I appreciate the briefing that was provided by the minister's office in this regard.

It is crucial that rail safety is never compromised in any way, and a bill that seeks to ensure this will certainly have support from our side of the chamber. This bill seeks to address that kind of behaviour—providing misleading material or omitting information to then create misleading material—by punishing those found guilty of such an offence with a maximum penalty of $10,000.

Another potential issue within the Rail Safety National Law that appears to need addressing is one that has presented itself, like many issues, alongside and as a result of the COVID-19 pandemic. We understand that section 114 requires that rail safety workers undergo health and also fitness programs as implemented by rail transport operators. We know that, due to COVID-19, access to non-urgent medical services has sometimes been difficult, therefore making the ability of rail transport operators to meet the requirements of section 114 difficult as well.

It is appropriate that the Rail Safety National Law adapts to these new and challenging circumstances. This bill would insert a section into the national law that would provide the National Rail Safety Regulator with a new power to grant exemptions to all rail transport operators, or rail transport operators of a class, from section 114 in the event of an emergency. This is of course regulated by a limited period of time for which exemptions can be granted of three months.

We have been assured that any rail transport operator that breaches any condition placed on an exemption from section 114 without reasonable excuse is subject to a maximum penalty of $20,000 if they are an individual and up to $100,000 if they are a body corporate. We believe this new power is a reasonable response to the challenges brought forward by the COVID-19 pandemic, and I once again indicate the opposition's support for this bill.

S.E. ANDREWS (Gibson) (12:56): I rise to support the Rail Safety National Law (South Australia) (Miscellaneous) Amendment Bill. I am proud to support this bill, as I have spent many years of my working life with Professionals Australia representing engineers, including rail systems engineers in South Australia. Engineers play a crucial role in all aspects of our society. Often their work is carried out behind the scenes, but without it we would not have the quality infrastructure we have in Australia.

Engineers are involved in the design, maintenance and construction of rail services for both passengers and freight across the world. Civil engineering, computer engineering, electrical engineering, mechanical engineering, industrial engineering and production engineering, plus many other engineering disciplines, are engaged in our rail systems. Without engineers, our rail systems would not be able to function, and I thank them for their work. I also acknowledge all the other workers on our rail systems, from track maintenance teams and rolling stock maintenance teams to our construction teams, rail operations and management, drivers, guards, and cleaners. Thank you for your service.

This bill amends the Rail Safety National Law in two main ways. The first group of amendments makes it an offence for a rail safety worker to knowingly provide a document or information for the purposes of an assessment of the worker's competency that is false or misleading or that omits something without which the document or information is misleading. These changes are crucial to ensure that our rail system is safe and that everyone working on our rail systems has the appropriate skills, training and qualifications, including crucial safety knowledge, to protect the safety of themselves, their colleagues and rail users.

In the new offence provision, a rail safety worker is relevantly defined as an individual who has carried out, is carrying out or is about to carry out rail safety work. Rail safety work includes driving or dispatching rolling stock, such as a train or tram, or any other activity that is capable of controlling or affecting the movement of rolling stock; coupling or uncoupling rolling stock; work involving the development, management or monitoring of safe work systems for railways; and work involving the management or monitoring of passenger safety at railways.

Section 117 of the national safety law requires a rail transport operator to ensure that rail safety workers have the competence to carry out rail safety work in respect of the railway operations for which the operator must be accredited. A rail safety worker's competence is assessed in accordance with any applicable qualifications and units of competence recognised under the Australian Qualifications Framework. A certificate of competence that has purportedly been issued under the framework and that certifies that a worker has certain qualifications or units of competence is evidence that the worker has those qualifications or units. I seek leave to complete my contribution.

Leave granted; debate adjourned.

Sitting suspended from 12:59 to 14:00.