On this page: Rail Safety Act 2006 | Why was reform necessary? | Who is affected by the legislation?
This page explains how and why Victoria’s rail safety legislation was developed.
Rail Safety Act 2006
The Rail Safety Act 2006 is the result of a comprehensive review within Victoria to achieve modern rail safety legislation.
The review was jointly managed by the Statutory Policy and Legal Group (within the Public Transport Division of the Department of Transport) and Public Transport Safety Victoria.
The second reading speech presented to Parliament in 2005 describes the development of, and reasoning behind the new legislation and regulations.
Why was reform necessary?
Until the late 1990s, the Victorian metropolitan train and tram and country rail services were almost solely operated by government or managed by wholly government-owned public entities. By 1999, the Victorian rail system had been disaggregated and privatised.
The passenger rail system is now managed through partnership agreements between government and rail infrastructure managers and rolling stock operators. Intrastate and interstate rail freight operations and infrastructure management are now also fully privatised.
Given these significant structural changes in the rail industry, it was recognised that the existing legislative framework had not kept pace with other contemporary developments in safety regulation.
The Waterfall accident in New South Wales in 2003, and the subsequent Special Commission of Inquiry into the accident emphasised the need for proactive risk management and effective and independent safety regulation in Victoria.
Who is affected by the legislation?
The Rail Safety Act 2006 is applicable to all train and tram operators who operate within Victoria (this includes interstate and tourist and heritage operators).