Full description
The Independent Transport Safety and Reliability Regulator (ITSRR) was created as a statutory body representing the Crown by the Transport Legislation Amendment (Safety and Reliability) Act, 2003 (Act No 65, 2003) (1)
The principal objective of the ITSRR was to facilitate the safe operation of transport services in New South Wales.
The other objectives of the Regulator were as follows:
(a) to exhibit independence, rigour and excellence in carrying out its regulatory and investigative functions; and
(b) to promote safety and reliability as fundamental objectives in the delivery of transport services. (2)
The general functions of ITSRR were as follows:
(a) to provide strategic co-ordination of safety regulation by transport authorities in relation to transport services and owners or operators of transport services;
(b) to review and evaluate any matter related to the safe operation of transport services and the functions of transport authorities in relation to the safe operation of transport services;
(c) to review and evaluate any matter related to the reliability of funded transport services and the functions of transport authorities in relation to the reliability of funded transport services;
(d) to advise the Minister, or make recommendations to the Minister, or both about any matter related to the safe operation of transport services, including safety regulation by transport authorities in relation to transport services;
(e) to advise the Minister, or make recommendations to the Minister, or both, about any matter related to the reliability of funded transport services;
(f) to accredit operators of railways under the Rail Safety Act, 2002;
(g) to investigate and report on accidents and incidents involving transport services; and
(h) to disseminate information to the public relating top the safety of transport services or the reliability of funded transport services, as the ITSRR considers appropriate. (3)
[A ‘transport authority’ referred to those government agencies that administered or provided public transport. At the time of the passage of this Act those agencies were the State Rail Authority; the State Transit Authority; Waterways Authority; the Rail Infrastructure Corporation; the Director- General of the Ministry of Transport of the and the Ministry itself. A ‘funded transport service’ meant a transport service operated by a statutory authority or State Owned Corporation or one that received a government subsidy or other government funding.] (4)
The ITSRR could conduct regular or occasional audits of the compliance of transport authorities with the requirements of the Act, and it was also required to report annually to the Minister with regard to transport authorities and the owners and operators of transport in connection with the safety and reliability of their operations. (5)
The ITSRR was required to prepare reports concerning rail or other transport safety; accidents or incidents relating to transport services; the operation of a transport authorities or services and an annual report. The Regulator was required to consult with the Independent Transport Safety and Reliability Advisory Board and to consider the Board’s advice prior to submission to the Minister or publication. (6)
The Waterways Authority could seek a review of a direction of ITSRR if it considered that the impact of the direction would significantly impact upon the funding required for the operation. (7) Transport Authorities and other owners and operators of transport services were required to co-operate with the ITSRR in exercising their functions, advise the Regulator of any matters which may affect the exercise of its functions; and provide it with documents, information or other things requested by the ITSRR. (8)
The ITSRR could if requested by the parties determine a dispute relating to rail access particularly if this involved rail safety (9)
The ITSRR could disclose or publish any information acquired by it in the exercise of its functions if it believed this was necessary for the safe operation of the service concerned. It was however, not to identify a person by name in this disclosure. (10)
The ITSRR was managed by the Chief Executive who was appointed by the Governor on the recommendation of the Minister following consultation with the Chairman of the Board. The Chief Executive could hold office for a maximum of ten years. (11) Although he was generally accountable to the Minister the Chief Executive was independent in regard to accreditations under the Rail Safety Act, 2002; taking enforcement action; reporting concerning transport safety, incidents or accidents; and the outcomes of monitoring or auditing transport safety or reliability. (12)
The ITSRR was to have a division known as the Office of Transport Safety Investigations. The chief officer of this Office was the Chief Investigator who was appointed on the recommendation of the Chairman of the Independent Transport Safety and Reliability Advisory Board. The Chief Investigator was independent of the ITSRR in relation to rail or transport safety inquiries and any function delegated to him by the Board. (13)
There was an Independent Transport Safety and Reliability Advisory Board. The Board consisted of the Chairman appointed by the Governor on the Advice of the Minister, three members appointed by the Minister and the Chief Executive of the ITSRR. The members of the Board were chosen because of their expertise in rail safety management systems; safety science; customer service; accident investigation and public administration. The role of the Board was to advise in ITSRR or make any recommendations about any matter related to its functions, in particular to advise about reports prepared by the ITSRR and any matter referred to it by the ITSRR. (14)
The Transport Legislation Amendment (Safety and Reliability) Act, 2003 was proclaimed to commence on 1 January 2004 (15)
Endnotes:
(1) Transport Legislation Amendment (Safety and Reliability) Act, 2003 s. 42B
(2) Ibid. s. 42C
(3) Ibid. s. 42D
(4) Ibid. s. 42A
(5) Ibid. s. 42F
(6) Ibid. s. 42H
(7) Ibid. s. 42I
(8) Ibid. s. 42J
(9) Ibid. s. 42K
(10) Ibid. s. 42L
(11) Ibid. s. 42M and 42N
(12) Ibid s. 42P
(13) Ibid s. 42R and 42S
(14) Ibid s. 42T and 42U
(15) NSW Government Gazette 24 December 2003 p. 11594
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