Track Access charges & legal liability

[mauried@commslab.gov.au (Maurie Daly)]

I was wondering what the legal situation is , if a privately run train falls 
off the track ,due to the poor condition of the track in a situation where the 
poor condition of the track has been known to the Railway Body that is 
charging a track access fee for a long time , and the Railway body has failed 
to fix the track.
ie what happens if the Overland derails between Geelong & Ararat.
It would seem to me , that as the railway is charging a track access fee for 
the right to run a train over there track , that there is a duty of care to 
ensure that the track is in a condition suitable for the purpose for which the 
fee is charged.

Does anyone know what rights or conditions are provided by the payment of 
track access fees.

MD

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Maurie Daly
Department of Communications Lab.
Canberra
Australia
mauried@commslab.gov.au
ph 6 2791331
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