Our Prosecutions team enforces the RSNL in all participating jurisdictions in Australia.
ONRSR can act to prosecute organisations or individuals for breaches of the Rail Safety National Law (RSNL) and only where sufficient evidence has been collected to provide a realistic prospect of conviction and it is in the public interest to prosecute.
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Corporate 1st Defendant (Rail Transport Operator) (Safety Duty) | 2024 VIC | S52(1) and S52(2)(f) S52(1) and S52(2)(a) Section 59 Category 2 Safety Duty Breach | Convicted (plea) | $1.5M per offence | Conviction recorded $375,000 fine 50% moiety to ONRSR ($187,500) $1500 costs awarded to ONRSR |
| Corporate 2nd Defendant (Rail Transport Operator) (Safety Duty) | 2024 VIC | S52(1) and S52(2)(f) S52(1) and S52(2)(a) Section 59 Category 2 Safety Duty Breach | Convicted (plea) | $1.5M per offence | Conviction recorded $150,000 fine 50% moiety to ONRSR ($75,000) $1500 costs awarded to ONRSR |
| Summary: Derailment of a passenger train at Wallan Loop, Victoria on 20 February 2020 resulting in the fatal injuries of two rail safety workers, and injuries to a number of passengers. | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Individual (Rail Safety Worker) (Safety Duty) | 2023 QLD | s20(5) Fail to comply with a requirement under section 20(2) | Guilty Plea No conviction recorded | $10,000.00 | No conviction recorded $5,000 fine 50% moiety to ONRSR ($2500.00) $1750.50 costs awarded to ONRSR |
| Summary: Driver of a train involved in a collision failed to attend an interview with ONRSR Investigators as required by a section 20(2) notice issued to him, April 2023 | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Individual (Rail Safety Worker) (Safety Duty) | 2023 NSW | S60(1) x 3 Category 3 Safety Duty Breach | Convicted (plea) | $300,000 and/or 5 years imprisonment for corporation $50,000 per offence for an individual | Conviction recorded $50,000 fine |
| Summary: Protection Officer failure to adhere to fatigue management requirements, January 2021 | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Individual (Rail Safety Worker) (Safety Duty) | 2023 VIC | S58(1) Category 1 Safety Duty Breach S 59(1) x 2 Category 2 Safety Duty Breach | $300,000 and/or 5 years imprisonment $150,000 per offence | No conviction recorded. Fined $20,000 plus costs of $2,973 | |
| Summary: Near hit incident involving two passenger trains at Seymour in Victoria | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Corporate (Rail Transport Operator) (Safety Duty) | 2023 QLD | S52(2) x 2 S52(4) Section 59 Category 2 Safety Duty Breach | $1.5M per offence. | No conviction recorded. Fined $600,000 plus costs of $50,000 | |
| Summary: Collision between locomotive and coal train resulting in death of locomotive driver and injury to two rail safety workers at Westwood near Rockhampton, Qld | |||||
| Individual / Corporate | Hearing* | Offence | Outcome** | Max. penalty | Penalty imposed |
| Corporate 1st Defendant (Rail Transport Operator) (Safety Duty) | 2023 (*discontinued) WA | S52(1) x 4 charges Section 59 Category 2 Safety Duty Breach | ** discontinued due to submission of Enforceable Voluntary Undertaking (EVU) | $1.5M per offence | n/a |
| Corporate 2nd Defendant (Rail Transport Operator) (Safety Duty) | 2023 (*discontinued) WA | Section 59 x3 Category 2 Safety Duty Breach Section 60 x3 Category 3 Safety Duty Breach | ** discontinued due to submission of Enforceable Voluntary Undertaking (EVU) | $1.5M per offence | n/a |
| Summary: On 24 December 2019 a freight train collided with the rear of a loaded grain train at Jumperkine, WA resulting in a rail safety worker sustaining fatal injuries. | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Individual (Rail Safety Worker) (Safety Duty) | 2023 QLD | S56(1)(b) Section 59 Category 2 Safety Duty Breach | Convicted (plea) | $150,000 | Conviction recorded $15,000 fine plus $1,500 prosecutor’s costs. |
| Summary: Protection officer at Newlands, Qld, removed worksite protection without advising workers still on track. | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Individual (Rail Safety Worker) (Safety Duty) | 2022 NSW | S56 x2 Section 56(1)(b) and section 56(1)(c) Section 60 Category 3 Safety Duty breach | Convicted both charges (plea) | $50,000 per charge | Convictions recorded $20,000 per charge (reduced by 25% for plea of guilty) Fined: $30,000 total plus $5,000 prosecutor’s costs. |
| Summary: Train driver left four wagons unprotected on the main line near Kaleentha, NSW | |||||
| Individual / Corporate | Hearing | Offence | Outcome | Max. penalty | Penalty imposed |
| Corporate (Rail Transport Operator) (Safety Duty) | 2019 NSW | S52(1) x2 Section 59 Category 2 Safety Duty breach | Convicted both charges (plea) Charge 1- High end of mid-range offending Charge 2- Low end of the mid-range offending | $1,500,000 per charge | Conviction recorded $500,000 (reduced by 25% for plea of guilty- $375,000) $200,000 (reduced by 25% for plea of guilty- $150,000) Defendant to pay prosecutors costs. |
| Summary: Track worker struck and killed by train at Clyde, NSW | |||||
| Individual / Corporate | Hearing* | Offence | Outcome** | Max. penalty | Penalty imposed |
| Corporate (Rail Transport Operator) (Safety Duty) | 2017 (*discontinued) VIC | S101(1) S52(2) x2 S52(3) Section 59 Category 2 Safety Duty breach | **discontinued due to submission of Enforceable Voluntary Undertaking (EVU) | $1.5M per offence | n/a |
| Summary: Track worker struck by train at Laverton, Victoria | |||||
| Category | Hearing | Offence | Outcome | Maximum Penalty | Penalty Imposed |
| Rail Safety Worker (Track Worker) | 2023 NSW (Operator Testing) | Section 128 | Convicted (plea) | $10,000 | Convicted – fined $1000 50% moiety of fine to Regulator |
| Rail Safety Worker (Train Driver) | 2023 NSW (Operator Testing) | S128A (hinder or obstruct an authorised person) | Convicted (plea) | $10,000 | Convicted -fined $150.00 – plus costs of $1,000.00. 50% moiety of fine to Regulator. |
| Rail Safety Worker (Protection Officer) | 2023 NSW (Operator Testing) | Convicted (plea) | $10,000 | Convicted Fined $2,000.00 with plus costs of $2,242.50. Moiety of 50% of fine to the Regulator. | |
| Rail Safety Worker (Rail Maintainer) | 2023 NSW (Operator Testing) | Convicted (plea) | $10,000 | No other penalty recorded under s10A Crimes (Sentencing Procedure) Act 1999 no order as to costs. | |
| Rail Safety Worker (Tram Driver) | 2022 VIC (Police Testing) | S128 (1) (presence of alcohol or drugs) | $10,000 | No conviction recorded. Fined $1,800.00 plus costs of $87.20. | |
| Rail Safety Worker (Rail Maintainer) | 2021 NSW (Operator Testing) | S127(3) - *two charges (refusal to comply with direction of authorised person- provision of synthetic urine) | Convicted both charges (plea) | $10,000 | Conviction recorded Fined $800 and $1200 (respectively) |
| Rail Safety Worker (Train Driver) | 2020 NSW (Operator Testing) | S128(1) (presence of alcohol or drugs) | Convicted (plea) | $10,000 | Conviction recorded only |
| Rail Safety Worker (Train Driver) | 2018 NSW (Operator Testing) | S128(1) (presence of alcohol or drugs) | Convicted (plea) | $10,000 | Conviction recorded $1,500 plus costs of $600. |
| Rail Safety Worker (Train Driver) | 2017 NSW (Operator Testing) | S128(1) (presence of alcohol or drugs) | Convicted (plea) | $10,000 | Conviction recorded $1,000 plus costs of $1,272. |
| Rail Safety Worker (Train Crew) | 2017 NSW (Operator Testing) | S127(3) (refusal to comply with direction of authorised person) | Convicted (plea) | $10,000 | Conviction recorded $1,000 plus costs of $1,115. |
| Rail Safety Worker (Passenger Attendant) | 2015 NSW (Operator Testing) | S128(1) (presence of alcohol or drugs) | Convicted in absentia | $10,000 | Conviction recorded $1,650 plus costs of $600 |