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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-05-14 Daily Xml
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Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Bill

Second Reading

The Hon. D.W. RIDGWAY (Minister for Trade and Investment) (19:09): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Rail Safety National Law (South Australia) (Rail Safety Work) Amendment Bill 2020 makes changes to the definition of 'Rail Safety Work' so that it is more aligned to the purpose and objects of the law.

The Rail Safety National Law (RSNL) is Australia's rail safety legislation which establishes a co-regulatory system involving a process by which rail safety operators assess the risks associated with their railway operations and then establish a safety management system to manage those risks.

The amendments to the RSNL ensure the definition of 'rail safety work' aligns with the objects of the RSNL, capture only work that could pose a risk to railway operations, current or future, and clearly distinguish between risk from the work and risk to the person performing the work. The amendments also remove risks to workers that are not specific to railway operations and therefore are adequately addressed under WHS laws.

It is intended that changes to the RSNL will reduce the rail safety work assessment burden for industry by removing risks to workers that are not specific to railway operations and therefore are adequately addressed under WHS laws.

On 27 June 2019, officers of the National Transport Commission provided instructions for drafting by the Australasian Parliamentary Counsel's Committee.

The responsible Ministers of the Transport and Infrastructure Council unanimously recommended the making of the proposed legislation at its meeting on 22 November 2019.

As South Australia is the lead legislator for the RSNL, Parliamentary Counsel has drafted the Amendment Bill.

The RSNL amendments are broadly supported by industry, jurisdictions, the Office of the National Rail Safety Regulator (ONRSR), and the Australasian Railway Association (ARR).

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Rail Safety National Law

4—Amendment of section 4—Interpretation

This amendment inserts the word 'safely' into the definition of rail infrastructure to emphasise that rail infrastructure relates to facilities that are necessary to enable a railway to operate safely.

5—Amendment of section 8—Meaning of rail safety work

This clause amends section 8, which sets out the classes of work that are rail safety work for the purposes of the Act. The amendments in clauses 5(1) and (2) of the Bill to section 8(1)(d) are consequential on the amendments to paragraph (f) in clause 5(3) of the Bill. These amendments ensure that construction of rolling stock and rail infrastructure are included within the ambit of paragraph (d) (currently referred to in paragraph (f)). The amendments also ensure that work that involves checking that rail infrastructure is working properly before being used is covered by paragraph (d) (also currently referred to in paragraph (f)).

The amendment in clause 5(3) of the Bill substitutes a new paragraph (f). Proposed paragraph (f) limits work on or about rail infrastructure or associated works or equipment to work that places the worker at risk of exposure to moving rolling stock and thus focuses on work involving risks that are peculiar to railway operations.

Debate adjourned on motion of Hon. J.E. Hanson.

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