Developing and Maintaining
National Rail Safety Regulation
Jeff Potter, Project Director –
Productivity, Safety and Enviro...
National Policy Framework
Australian Transport Council’s vision (2008)
“Australia requires a safe, secure efficient, relia...
National Policy Framework
Australian Transport Council’s direction (2008)
To develop regulatory impact statements for a si...
National Policy Framework
Australian Transport Council’s decision (2009)
To implement a single national rail safety Regula...
Rail Safety National Law
Standing Council on Transport and Infrastructure
decisions
• Approval of Rail Safety National Law...
Rail Safety National Law
Key features
• One body of law
• One Regulator to administer the law
• Changes to law need agreem...
Rail Safety National Law
Maintenance of the Rail Safety National Law
• Changes to law need agreement of all jurisdictions
...
Rail Safety National Law
Maintenance of the Rail Safety National Law
• Changes to law need agreement of all jurisdictions
...
Status of standards
Approved or endorsed standards:
• National Standard for Health Assessment of Rail
Safety Workers
• App...
Legal Status
Mandatory:
• Standards can be mandated by legislation or
regulation
• An operator’s safety management system ...
Setting rail safety standards
• Rail safety national law is based on co-regulation
• Provides ability (and responsibility)...
Role of government
• Provide overall legislative and regulatory framework
• Establish performance-based obligations and sp...
Agreeing rail safety standards
In developing and agreeing standards caution is needed
to avoid:
• Over-prescriptive safety...
Over-prescriptive measures
• Temptation to use standards to prescribe a specific
type of “proven” safety measure.
• This c...
Liability shift
• A risk is that government-mandated standards may
be viewed as a set of comprehensive “instructions”
• Th...
Conclusions
• Rail safety standards are a compliance tool –
effectiveness is dependent on how they are used
• Developing a...
The National Transport Commission leads regulatory
and operational reform nationally to meet the needs of
transport users ...
Upcoming SlideShare
Loading in …5
×

Dr Jeff Potter - NTC Australia - Developing and Maintaining National Rail Safety Regulation

453 views

Published on

Jeff Potter, Project Director - Productivty, Safety and Environment, NTC Australia delivered this presentation at Rail Safety 2013. For more information on the annual conference, please visit www.railsafetyconference.com.au.

Published in: Business, Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
453
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
5
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Dr Jeff Potter - NTC Australia - Developing and Maintaining National Rail Safety Regulation

  1. 1. Developing and Maintaining National Rail Safety Regulation Jeff Potter, Project Director – Productivity, Safety and Environment 6 March 2013
  2. 2. National Policy Framework Australian Transport Council’s vision (2008) “Australia requires a safe, secure efficient, reliable and integrated national transport system that supports and embraces our nation’s economic development and social and environmental wellbeing.”
  3. 3. National Policy Framework Australian Transport Council’s direction (2008) To develop regulatory impact statements for a single national regulator in rail safety and investigation
  4. 4. National Policy Framework Australian Transport Council’s decision (2009) To implement a single national rail safety Regulator and to develop a Rail Safety National Law, which the Regulator will administer
  5. 5. Rail Safety National Law Standing Council on Transport and Infrastructure decisions • Approval of Rail Safety National Law – November 2011 • Approval of final Regulations for Rail Safety National Law – November 2012 • Commenced operation 20 January 2013
  6. 6. Rail Safety National Law Key features • One body of law • One Regulator to administer the law • Changes to law need agreement of all jurisdictions • Co-regulatory approach retained • Overarching duty to manage the safety of railways – so far as is reasonably practicable
  7. 7. Rail Safety National Law Maintenance of the Rail Safety National Law • Changes to law need agreement of all jurisdictions • NTC establishing a maintenance process • First priority is to address train communication and data logger/event recorder requirements
  8. 8. Rail Safety National Law Maintenance of the Rail Safety National Law • Changes to law need agreement of all jurisdictions • NTC establishing a maintenance process • First priority is to address train communication and data logger/event recorder requirements • Role of technical standards
  9. 9. Status of standards Approved or endorsed standards: • National Standard for Health Assessment of Rail Safety Workers • Approved codes of practice • Regulator-approved standards and guidance Other standards: • Documents offering advice on how to comply with obligations under rail safety law • Includes industry and academically-developed standards
  10. 10. Legal Status Mandatory: • Standards can be mandated by legislation or regulation • An operator’s safety management system can make compliance with a standard mandatory Non-mandatory: • Industry standards • Guidance material
  11. 11. Setting rail safety standards • Rail safety national law is based on co-regulation • Provides ability (and responsibility) for operators: • to determine what risks they face • determine how to how best to manage them so far as is reasonably practicable
  12. 12. Role of government • Provide overall legislative and regulatory framework • Establish performance-based obligations and specific duties necessary to achieve acceptable levels of safety • Intervene when practice falls short of acceptable level of performance
  13. 13. Agreeing rail safety standards In developing and agreeing standards caution is needed to avoid: • Over-prescriptive safety management measures • Liability shift from operator to regulator/government
  14. 14. Over-prescriptive measures • Temptation to use standards to prescribe a specific type of “proven” safety measure. • This could inadvertently precluding the adoption of an equally effective, but less costly alternative • It can also block the development of new, better solutions
  15. 15. Liability shift • A risk is that government-mandated standards may be viewed as a set of comprehensive “instructions” • This may result in: • Not managing the risks particular to a rail operation that may not be addressed in a given standard; or • Not going beyond minimum acceptable actions and adopting a continuous-improvement approach to safety management
  16. 16. Conclusions • Rail safety standards are a compliance tool – effectiveness is dependent on how they are used • Developing and applying national standards must recognise the diverse risk profile of rail operations • Distinction between delegating responsibility to operators in determining how to comply with rail safety law, and telling them how do it • Industry standards, Regulator’s guidelines and Ministerially-approved codes of practice provide means of delivering on safety objectives, while avoiding overly-prescriptive and restrictive measures
  17. 17. The National Transport Commission leads regulatory and operational reform nationally to meet the needs of transport users and the broader community for safe, efficient and sustainable land transport Keep in touch with the latest NTC news by registering to receive our free e-newsletter and alerts at www.ntc.gov.au

×