Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Bill

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (16:48): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

I am pleased to introduce the Rail Safety National Law (South Australia) (Miscellaneous No 2) Amendment Bill 2016, which amends the Rail Safety National Law. The Law is contained in a schedule to the Rail Safety National Law (South Australia) Act 2012.

In December 2009, the Council of Australian Governments agreed to implement national rail safety reform, that created a single rail safety regulator, and to develop a rail safety national law, which a rail regulator would administer. The national rail reform aims are to:

support a seamless national rail transport system;

not reduce existing levels of rail safety;

streamline regulatory arrangements and reduce the compliance burden for business; and

improve national productivity and reduce transport costs generally.

The Rail Safety National Law commenced operation on 20 January 2013. The Office of the National Rail Safety Regulator was established as a body corporate under the Law, with its scope now also enacted through legislation in all jurisdictions, except Queensland, which has recently committed to adopting the Law.

The National Transport Commission, together with jurisdictions and the regulator, developed the Law and are also responsible for identifying legislative amendments. Ministers of the Transport and Infrastructure Council are responsible for approving the Law and its amendments. This Amendment Bill was approved by the Council on 6 November 2015.

South Australia, as host jurisdiction, is responsible for the passage of the Law and any amendment Bills through the South Australian Parliament. Once commenced in South Australia, each participating jurisdiction has an Application Act that automatically adopts the Law and subsequent amendments into its own legislation.

During its first two years of operation, the regulator has successfully discharged its obligations under the Law including facilitating the safe operation of rail transport in Australia by providing a scheme for national accreditation of rail transport operators and promoting the provision of national policies, procedures and guidance to industry, further progress in the consolidation of national rail safety data information and education and training for safe railway operations.

This Bill constitutes the second amendment package to be considered by Parliament. The first amendment package commenced on 1 July 2015.

This Bill is an amendment package which is administrative in nature and will improve operation of the Rail Safety National Law (South Australia) Act by:

clarifying that infringement penalties and court imposed penalties can be paid into the regulator's fund. This amendment provides clarity to the existing provision and is not a policy change;

maintaining currency with relevant national systems for the delivery and assessment of competencies relevant to rail safety workers and providing for flexibility to recognise these different systems if changes are made in the future. This follows an amendment to the Commonwealth National Vocational Education and Training Regulator Act 2011, that makes the current Rail Safety National Law reference to the Australian Quality Training Framework redundant;

allowing an authorised officer to secure the perimeter of any site for compliance and investigative purposes, but not explicitly to restricting access to rolling stock (a vehicle that operates on or uses a railway) separate to securing a site. This amendment will clarify that rolling stock may also be secured;

requiring a third party to notify a rail infrastructure manager before carrying out any work near a railway that threatens, or is likely to threaten, the safety of the railway or the operational integrity of the railway. However, there is currently no requirement for a third party provider to comply with a reasonable direction given by a rail infrastructure manager. This amendment will help to allow a rail infrastructure manager to resolve matters at the local level by giving written advice to the third party as necessary to ensure safety. Section 199 of the Rail Safety National Law (South Australia) Act already provides the ability for the regulator to intervene, if circumstances require;

resolving the ambiguity as to which period of time the regulator has to commence prosecution; and

allowing a court to make an order directing a convicted person to pay (not exceeding one-half) of any fine to the regulator.

The Bill has the support of Ministers of the Transport and Infrastructure Council, and major stakeholders, including rail industry associations.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Amendment provisions

This clause provides that the amendments proposed in Part 2 of this measure are to the Rail Safety National Law (the Law) set out in the Schedule to the principal Act.

Part 2—Amendment of Rail Safety National Law (South Australia) Act 2012

4—Amendment of section 4—Interpretation

These amendments are consequential on the amendment proposed to section 117 of the Law.

5—Amendment of section 33—Payments into Fund

These amendments provide for all infringement penalties paid to or recovered by ONRSR and all portions of fines paid to ONRSR by court order under new section 260A to be paid into the National Rail Safety Regulator Fund.

6—Amendment of section 117—Assessment of competence

These amendments update references in connection with qualifications and competencies for rail safety workers.

7—Amendment of section 149—Securing a site or rolling stock

These amendments will allow for the securing not only of a site but also of rolling stock.

8—Amendment of section 183—Contents of non-disturbance notice

These amendments are consequential on the amendments proposed to section 149 of the Law.

9—Amendment of section 199—Power to require works to stop

These amendments will allow for a rail infrastructure manager, by written notice, to give reasonable directions to a person who is proposing to do work which may threaten the safety or operational integrity of the manager's railway. The other amendments to the section are consequential.

10—Amendment of section 218—Period within which proceedings for offences may be commenced

This amendment clarifies that the relevant period within which proceedings for offences against the Law may be commenced is the latest of the various stated periods.

11—Insertion of section 260A

This clause inserts a new section.

260A—Payment of portion of fines to ONRSR

This provision empowers a court that convicts a person of an offence against the Law to order that a portion (not exceeding one-half) of any fine imposed as a penalty by the court be paid to ONRSR.

12—Amendment of Schedule 2—Miscellaneous provisions relating to interpretation

This amendment inserts clause 15A into Part 3 of Schedule 2 to the Law to clarify how an offence against the Law is created.

Debate adjourned on motion of Hon. D.W. Ridgway.