ONRSR aims to facilitate an improvement to safety or compliance with the RSNL by giving direction to a rail transport operator or individual imposing sanctions or seeking court penalties for contraventions of the RSNL.
ONRSR’s enforcement decisions are made proportionate to the identified risk to safety, the seriousness of any perceived breach, and/or the level of non-compliance with legislative requirements. When presented with a potential breach against the RSNL, ONRSR has a range of powers, legislative sanctions and enforcement options available to secure safe outcomes and compliance with the law.
Enforcement action that involves the application of sanctions or penalties will typically be taken on completion of an investigation, which is principally undertaken to determine breaches of the RSNL. Operators should be aware that all enforcement options are always available to be utilised against all duty holders at any time. These measures are outlined below.