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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-24 Daily Xml
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Rail Safety National Law (South Australia) (Alcohol and Drug Offence) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (16:42): 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) (Alcohol and Drug Offence) Amendment Bill 2021 clarifies that a rail safety worker will be taken to be carrying out rail safety work when he or she has arrived at their place of work and has signed on and is available, or is otherwise on duty.

The Rail Safety National Law establishes a co-regulatory system under which rail safety operators assess the risks associated with their railway operations, and then establish a safety management system to manage those risks.

A worker who has been subject to alcohol and drug testing under sections 126 and 127 of the National Law can only be prosecuted for an alcohol or drug offence under section 128 if they are carrying out or attempting to carry out rail safety work.

It is not always clear when a worker has begun rail safety work. If there is any ambiguity in relation to establishing if the worker is carrying out or attempting to carry out rail safety work, this can impact the Regulator's ability to prosecute.

There is no intention for this proposed amendment to cover workers who have arrived at work, but not signed on – that is, those who may be regarded as about to carry out rail safety work. The Rail Safety National Law (NSW) 2012 and the Victorian Rail Safety National Law Application Act 2013 both define 'about to' carry out rail safety work.

The proposed amendments align with similar provisions in the Civil Aviation Safety Regulations 1998, which include offences for workers if they are present in the aerodrome testing area and are performing, or available to perform, a safety-sensitive activity.

The National Law Maintenance Advisory Group was consulted on the drafting instructions for the Bill in September 2020. The Group comprises rail industry representatives, as well as Commonwealth, State and Territory governments. No issues were raised and the Bill was endorsed by the Infrastructure and Transport Senior Officials' Committee in October 2020. On 30 March 2021, Infrastructure and Transport Ministers agreed to these amendments.

As South Australia is the lead legislator for the National Law, Parliamentary Counsel has drafted the Amendment Bill on behalf of the national Parliamentary Counsel's Committee. I commend the bill to the house.

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 128—Offence relating to prescribed concentration of alcohol or prescribed drug

Section 128(1) of the Act provides that it is an offence for a rail safety worker to carry out or attempt to carry out rail safety work while the worker has the prescribed concentration of alcohol present in their blood, or a prescribed drug present in their blood or oral fluid, or is under the influence of alcohol or drugs such that they are incapable of effectively discharging a function or duty of a rail safety worker. The proposed amendment inserts new subsection (1a) which provides that, for the purposes of this offence, a rail safety worker will be taken to be carrying out, or attempting to carry out rail safety work if the worker has arrived at work and has signed on or is otherwise on duty, for the purposes of carrying out rail safety work.

Debate adjourned on motion of Hon. T.T. Ngo.

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