On this page: Rail safety legislation | Overview | Transition to new legislation
This page describes the regulatory framework for rail (tram and train) safety in Victoria.
Rail safety legislation
In Victoria, the following Acts and Regulations are relevant for rail safety:
- Rail Safety Act 2006
- Rail Safety Regulations 2006
- Transport Act 1983
- Transport Legislation (Further Amendment) Act 2006
- Transport Legislation (Safety Investigations) Act 2006
The Rail Safety Act 2006 (RSA) came into operation on 1 August 2006. The RSA is based on, and consistent with the national model Rail Safety Bill. View the Background page to find out how and why the legislation was introduced in Victoria.
Overview
The key elements of the RSA are the:
- amendment of the Transport Act 1983 to provide for the formal establishment of the Director, Public Transport Safety as a statutory office
- provision for rail safety duties that apply to operators, rail contractors and rail safety workers
- strengthening of the accreditation scheme, based on hazard identification and risk controls, and
- provision for sanctions and penalties proportionate to the nature and severity of the safety breach in question.
Transition to new legislation
One of the effects of the RSA was that commercial rail operators accredited under the Transport Act 1983 were given two years to adapt their safety systems and management to the RSA requirements (three years for tourist and heritage accredited operators). This is known as the 'transitional period'.
The transitional period for commercial operators has now ended. PTSV has re-accredited 23 commercial rail operators, and issued each of them with a new Notice of Accreditation. The Notice of Accreditation sets out each operator's accredited rail operations, that is, what they are permitted to do.
Tourist and heritage accredited operators can find information about the transitional process (still underway) on the Tourist and heritage operators page.