Re: [General] Rules & Regulations under privatization

[mauried@tpg.com.au (Maurie Daly)]

On Tue, 23 Jan 2001 12:16:13 +1100, robson <robson@cia.com.au> wrote:

>Ronald BESDANSKY wrote:
>> 
>> What about in (say) NSW, where the government owns the track 
>> but it and private train operators use it?
>
>
>
>New South Wales has the Rail Safety Act 1993.
>Search for it at http://www.austlii.edu.au/au/legis/nsw/consol_act/

The problem with the NSW Rail Safety Act , and indeed most other
States versions of the samer Act is that its a totally imprecise piece
of legislation.
All Rail operators / Rail owners must be accredited under the Act,and
the Act lists various penalities which apply for failing to be
properly accredited, but no where does the Act define what
accreditation means 
The Act simply defines accreditation as being a situation where the
Director General of Transport is satisfied that an organization is
accredited.
In other words ,compliance with the Act is totally subjective.

For example , what conditions would the Rail Infrastructure
Corporation have to meet in ordet to be accredited?

Since the NSW DOT administers the NSW Safety Act ,it should be the NSW
DOT that writes the rules and regulations,not the Rail Infrastructure
Corporation who are simply a rail owner.

MD


>
>Rail Access Corporation (recently amalgamated with Rail Services
>Australia into the Rail Infrastructure Corporation) produces the Safe
>Working Units (current name for what was once referred to as the Rules &
>Regulation). All operators on state owned tracks in NSW must comply with
>these Safe Working Units. 
>
>The NSW Department of Transport issues Certifates of Competancy to any
>employees passed to carry out rail safety work. I understand though,
>that 2001 is the last year that the NSW Department of Transport will be
>issuing these certificates. It will soon be self regulation. It will be
>up to the individual operators to issue certificates for employees that
>they deem competant to carry out rail safety work.