Message from the Minister
Western Australia Rail Safety Bill (Bill)
Message from the Minister
In 2006 Western Australia, as a member of the Australian Transport Council, voted in favour of the Model National Rail Safety Bill and an implementation package proposed by the National Transport Commission subject to a number of conditions, and commenced drafting the Western Australia Rail Safety Bill (Bill) based on the agreed model and amendments.
The main purpose of the Bill is to provide for rail safety legislation that will form part of a system of nationally consistent rail safety laws, which are intended to deliver a higher degree of regulatory harmonisation across jurisdictions. However, it does not alter the fundamental approach to rail safety adopted in Western Australia since the mid-1990s. Rail safety regulation will continue to be based on a co-regulatory structure, with rail organisations being primarily responsible for risk identification, assessment and control. It will continue to be based on a significant element of process regulation.
The Bill is one part of a broader package of reforms that includes model Regulations, changes to institutional arrangements and the development of nationally approved Guidelines and Compliance Codes to support consistent regulatory practice across jurisdictions. Implementation of this broader package of reforms is needed to achieve the improvements in regulatory efficiency and effectiveness that are sought.
To date, there have been four rounds of public information sessions held in Western Australia on the legislation reform. All rail operators, including the tourist and heritage rail operators, were consulted. Officers from the Department of Commerce (WorkSafe and Labour Relations) and the Department of Mines and Petroleum have also been consulted on the implications of the Bill.
I am now asking the Western Australia rail industry to provide their comments in regard to the model legislation that has been drafted as the Rail Safety Bill 2009.
Simon O'Brien MLC
MINISTER FOR TRANSPORT