National Rail Safety Regulation and Investigation

Background

In July 2009, as part of the Government's Seamless National Economy agenda, the Council of Australian Governments (COAG) agreed to national transport regulation reforms including the establishment of a national rail safety law and national rail safety regulator. The Australian Transport Safety Bureau (ATSB) will also expand its role to cover national rail safety investigations. COAG then agreed in December 2009 that South Australia would host the national rail safety regulator which will be operational by 1 January 2013.

The rail reform aims to resolve a century of inconsistent regulatory practices between the states and territories that have constrained rail transport operators across jurisdictional borders.  The practical benefits of national rail safety regulation will include single national accreditation for rail transport operators, removing duplication of auditing, monitoring and inspection processes, and the improved availability of resources and specialist knowledge to inform decision making and safety investigations.

A Regulatory Impact Statement (RIS) on the rail reform examined the case for national reform and provided significant input to the COAG decision. Following consultation in November 2008, COAG considered the RIS and it was finalised in May 2009.

Download a copy of the Single, National Rail Safety Regulatory and Investigation Framework RIS and appendices:

• Volume 1—[PDF: 709 KB]
• Volume 2—Appendices [PDF: 215 KB]

In May 2010, a Project Office was established in Adelaide to manage and lead the implementation of the national regulator. Further information on the progress of the national rail safety regulatory reform can be found at the National Rail Safety Regulator (NRSR) Project Office website or email nrsrproject@sa.gov.au.

Implementation

In August 2011, COAG signed the Intergovernmental Agreement (IGA) on Rail Safety Regulation and Investigation Reform to establish the Office of the National Rail Safety Regulator (ONRSR) in South Australia. The IGA also established the ATSB as the national ‘no-blame’ investigator for rail in Australia. Further information on the expanded role of the ATSB is available at the National Safety Investigation Reforms website.

The draft Rail Safety National Law and associated RIS were approved by Transport Ministers at the first meeting of the Standing Council on Transport and Infrastructure (SCOTI) on 4 November 2011. A further RIS on the specifics of rail fatigue risk management was subsequently released for public comment by the National Transport Commission (NTC) in February 2012. It examined whether the National Law should further regulate or place outer limits on the hours of work and rest for all rail safety workers. All these documents can be found at the National Transport Commission website.

The draft Rail Safety National Law was introduced into the South Australian parliament in March 2012 and successfully passed through both houses on 1 May 2012. The Rail Safety National Law can be found at www.legislation.sa.gov.au.

Other States and Territories are expected to pass enabling legislation before the end of 2012, to give effect to the Rail Safety National Law within each jurisdiction.

Governments and the NRSR Project Office are currently working to finalise the few remaining policy elements. The NRSR Project Office is also finalising the procurement and development of the necessary information technology systems for the ONRSR to allow seamless national rail regulatory processing.

If you wish to contact the Department of Infrastructure and Transport about the reforms you can contact:

Donna Wieland
General Manager, Surface Transport Regulation Taskforce
02 6274 6219