Safe railways for Australia

Legislation


The Council of Australian Governments (COAG) committed to a national reform of rail safety regulation, which has seen the establishment of a single national rail safety regulator, the ONRSR, to administer a nationally consistent rail safety law, the Rail Safety National Law. This represents a major change in rail safety regulation which has historically been delivered by State and Territory regulators.

The Rail Safety National Law was first enacted in South Australia and each state and territory is to pass a law, explaining that the Rail Safety National Law (being the schedule to the South Australian law) is the rail safety law in that state or territory or replicates that law. The law establishes the ONRSR as the body responsible for rail safety regulation in that state or territory.

See also:

Jurisdiction Act Regulations

South
Australia

Rail Safety National Law (South Australia) Act 2012

Rail Safety National Law National Regulations 2012 (published on the NSW legislation website, as per s265 of the RSNL)

Rail Safety National Law (South Australia) (Drug and Alcohol Testing) Regulations 2012 (includes further details on drug and alcohol testing in SA)

Rail Safety National Law (South Australia) Transitional Arrangements) Regulations 2012 (includes further detail on transitional arrangements in SA)

New
South
Wales

Rail Safety National Law (NSW) No 82a

Rail Safety (Adoption of National Law) Act 2012 No 82

Rail Safety National Law National Regulations 2012

Rail Safety (Adoption Of National Law) Regulation 2012 (includes further detail on drug and alcohol testing, transitional provisions and other NSW-specific matters)

Northern
Territory

Rail Safety (National Uniform Legislation) Act 2012 No 27

Rail Safety National Law National Regulations 2012 (published on the NSW legislation website, as per s265 of the RSNL)

Rail Safety (National Uniform Legislation) Regulations 2013

Tasmania

Rail Safety National Law (Tasmania) Act 2012 No 38

Rail Safety National Law National Regulations 2012 (published on the NSW legislation website, as per s265 of the RSNL)

Victoria

Rail Safety National Law Application Act 2013 No 22

Rail Safety (Local Operations) Act 2006 (Vic) (includes further detail on drug and alcohol testing in VIC)

Rail Safety National Law National Regulations 2012 (published on the NSW legislation website, as per s265 of the RSNL)

Rail Safety National Law (Limited Accreditation Exemptions) Regulations 2014 SR No 31

Australian Capital Territory

Rail Safety National Law (ACT) Act 2014

Rail Safety National Law (ACT) Regulation 2014 (includes further details on drug and alcohol testing in ACT)

Rail Safety National Law National Regulations 2012 (published on the NSW legislation website, as per s265 of the RSNL)

Western Australia

Rail Safety National Law (WA) Act 2015

Rail Safety National Law (WA) Regulations 2015

Rail Safety National Law (WA) (Alcohol and Drug Testing) Regulations 2015

The following table summarises the current state legislation for those states yet to join ONRSR:

Jurisdiction Act Regulations

Applies only in the related jurisdiction until the Rail Safety National Law is adopted Applies only in the related jurisdiction until the Rail Safety National Law is adopted
Queensland Transport (Rail Safety) Act 2010 Transport (Rail Safety) Regulations 2010

Until the Rail Safety National Law is passed in a particular jurisdiction, existing rail safety laws will apply and these will continue to be administered by the existing jurisdictional rail safety regulator. For rail transport operators in these jurisdictions, there is no change to reporting requirements and current contacts with existing regulators should be maintained.

Last updated: 2 November 2015