New National Rail Safety Law Commences

Australia’s first national rail safety regulator, The Office of National Rail Safety Regulation (ONRSR) has taken over responsibility for rail safety in New South Wales , South Australia, Tasmania, and the Northern Territory. 

The new national scheme replaces existing state and territory rail safety legislative schemes and establishes a single rail safety regulator. Remaining jurisdictions are expected to join by the end of 2013.

The establishment of the ONRSR is part of the Council of Australian Government (COAG) agenda to implement economic reform across all major economic sectors and is being applied in the transport sector through significant reform programs in the regulation of heavy vehicle safety, maritime safety and rail safety.

Prior to the change, rail safety, including compulsory accreditation, was governed under individual state and territory rail safety schemes. Although these schemes were based on a Model Rail Safety Act issued in 2006, each jurisdiction (except the Australian Capital Territory) had its own rail safety regulator and there were variances across jurisdictions. A regulatory impact statement drafted by the National Transport Commission highlighted significant limitations with the state and territory based schemes including the need for a rail transport operator to be accredited separately in each jurisdiction in which it operated.

The primary difference between state and territory accreditation schemes and the national scheme is rail transport operators apply for accreditation with one body in respect of all rail operations across the country. This will significantly benefit rail transport operators that operate across jurisdictions.

In addition to the administration, auditing and review of the national accreditation regime the ONRSR will:

• liaise with rail transport operators, rail safety personnel, and others involved in railway operations, to advance rail safety nationally;

• monitor, inspect and enforce compliance;

• provide, or facilitate the provision of education, training and advice regarding rail safety;

• conduct research, collect and publish information relating to rail safety;

• engage in, promote and coordinate the sharing of information to attain the objects of the Rail Safety National Law, including the sharing of information with a prescribed authority;

• at the request of the Commonwealth or a jurisdiction—to perform any other function as agreed between ONRSR and the jurisdiction.

 “This is a major safety and productivity reform and shows what can be achieved through cooperation between federal, state and territory governments,” federal Infrastructure and Transport Minister Anthony Albanese said.

“For over 110 years, our railways have been governed by multiple sets of rules and laws which have created confusing red tape and duplication,” Albanese said.

“From January, you will be able to drive a train from Brisbane to Melbourne and operate under the same safety laws and that's good for drivers, passengers and the broader public.”

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