South Australian Consolidated Regulations

RAIL SAFETY (GENERAL) REGULATIONS 2008 - REG 9

9—Prescribed conditions of, or restrictions on, accreditation

        (1)         For the purposes of section 39 of the Act, any accreditation granted to a rail transport operator is subject to the following conditions and restrictions:

            (a)         if the operator is accredited under a corresponding law—

                  (i)         the operator must advise the Regulator in writing immediately if the operator's accreditation in the other State or Territory expires, or is suspended, surrendered or revoked;

                  (ii)         if the operator receives a prohibition notice or an improvement notice from a corresponding Regulator in relation to the accreditation under the corresponding law, the operator must immediately give the Regulator a copy of the notice;

            (b)         the operator must notify the Regulator in writing of any of the proposed decisions, proposed events or changes listed in column 2 of the table in accordance with the requirement specified in column 3 of the table with respect to that item;

Table

Item	Decision, event or change	When notification must be given
1	A decision to design or construct, or to commission the design or construction of, rolling stock or new railway tracks.	As soon as is reasonably practicable after the decision is made.
2	The introduction into service of rolling stock of a type not previously operated by the operator, or the re-introduction into service of rolling stock not currently operated by the operator.	At least 28 days before the date the operator intends to introduce or re-introduce the rolling stock into service.
3	A change to a safety critical element of existing rolling stock.	At least 28 days before the date the operator intends to bring the change into operation.
4	A change to 1 or more of the classes of rail infrastructure used in the operator’s railway operations.	At least 28 days before the date the operator intends to introduce the new class of rail infrastructure into service.
5	A change to a safety standard for the design of rail infrastructure or rolling stock.	At least 28 days before the date the operator intends to adopt the change.
6	The decision to adopt a new safety standard for the design of rail infrastructure or rolling stock.	At least 28 days before the date the operator intends to adopt the new standard.
7	A change to the frequency or procedures for the inspection or maintenance of railway infrastructure or rolling stock.	At least 28 days before the date the operator intends to bring the change into effect.
8	A change to any safeworking system rule or procedure relating to the conduct of the operator’s railway operations.	At least 28 days before the date the operator intends to bring the change into effect.
9	A decision to introduce a new safeworking system rule or procedure relating to the conduct of the operator’s railway operations.	As soon as is reasonably practicable after the decision is made.
10	The replacement, or a change in the contact details of any person appointed under regulation 7(b).	As soon as is reasonably practicable after it is known that the replacement or change will occur.
11	A change in the operator's name or residential address, or the operator's business or trading name, or in the case of a body corporate, a change in the name or registered business address of the body corporate.	As soon as is reasonably practicable after the change is made.
12	A change affecting the accuracy of information provided to the Regulator for the purposes of obtaining accreditation or affecting the accuracy of particulars specified in the accreditation.	As soon as reasonably practicable after the change is made.

            (c)         the operator must ensure that there is at all times available 1 of the operator's directors or managers as a contact person should the Regulator wish to communicate with the operator, and that the Regulator is provided with sufficient details so that for any particular time the Regulator knows who the contact person is, and how to contact that person;

            (d)         the operator must regularly review the adequacy of any public risk insurance arrangements maintained for the purposes of the Act including by taking into account increases in the cost of living and potential increases in liability;

            (e)         unless otherwise required by the Regulator under section 75 of the Act, the operator must—

                  (i)         investigate any accident or incident associated with the railway operations carried out by the operator that has caused death or serious injury to a person or significant property damage; and

                  (ii)         provide a report to the Regulator on the investigation within 8 weeks of the date of the accident or incident (or such longer period as agreed by the Regulator, on application by the operator);

            (f)         if it is not possible to comply with any other requirement specified in this subregulation because of an emergency, the operator must provide the required information as soon as is reasonably practicable after the decision is made or the event or the change occurs, as the case may be.

        (2)         Nothing in subregulation (1) is intended to require an accredited person to notify the Regulator of any matter that is the subject of an application for the variation of the accreditation.