Rail Safety Officers from the Office of the National Rail Safety Regulator (ONRSR) require access to a range of railway premises to perform their legal duties to maintain and improve safety across the Australian rail network.
How can I identify a Rail Safety Officer?
ONRSR Rail Safety Officers have powers delegated to them by the National Rail Safety Regulator, under the Rail Safety National Law Act 2012 (RSNL)
All Rail Safety Officers carry identification and will produce it when requested.
What powers do Rail Safety Officers have to enter a railway premises?
The RSNL authorises Rail Safety Officers to enter railway premises at any time (section 143) to do any of the following (section 145):
- Inspect, examine and make inquiries at the place
- Inspect and examine anything (including documents) at the place
- Seize anything (including documents) at the place if the rail safety officer reasonably believes the thing is evidence of an offence against the RSNL
- Film, photograph, video or digital recording, or other image.
What are ‘railway premises’?
The RSNL defines ‘railway premises’ as:
- Land on or in which is situated rail infrastructure
- Land on or in which is situated any over-track or under-track structure or part of an over-track or under-track
- Freight centre or depots used in connection with the carrying out of railway operations
- Workshops or maintenance depots used in connection with the carrying out of railway operations
- Premises (including office, building or housing) used in connection with the carrying out of railway operations
- Rolling stock or other vehicles associated with railway operations
- Any other rail workplace.
Must I assist a Rail Safety Officer?
Yes. Section 145(3) of the RSNL states that a person required to give reasonable help must not, without reasonable excuse, fail to comply with the requirement.
Reasonable help is defined as:
- Assistance to enable the Rail Safety Officer to find and gain access to electronically stored material and information
- Running the engine of a locomotive
- Giving the Rail Safety Officer assistance to enter any rail infrastructure or any part of the rail infrastructure, or open rolling stock or any part of rolling stock.
What happens if I fail to assist or I hinder a Rail Safety Officer?
Section 172 of the RSNL states that a person must not intentionally hinder or obstruct a rail safety officer in exercising his or her powers under this law, or induce or attempt to induce any other person to do so
The maximum penalties for breaching this requirement are $10,000 (for an individual) and $50,000 (for a body corporate).
More information