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Rail Safety Act : ウィキペディア英語版
Rail Safety Act

The Rail Safety Act 2006 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia and is the prime statute regulating the safety of rail operations in the State. The Act was developed as part of the Transport Legislation Review conducted by the Department of Transport and is aimed at preventing deaths and injuries arising from rail operations.
The Rail Safety Act was the State's first dedicated statute on the subject having replaced provisions in the former Transport Act 1983.〔This Act is now known under the title Transport (Compliance and Miscellaneous) Act 1983.〕 The Act also established Victoria's first independent transport safety regulator, the Director, Public Transport Safety. It was passed in early 2006 and commenced on 1 August of that year.
The Rail Safety Act forms part of the transport policy and legislation framework in Victoria headed by the Transport Integration Act.〔Transport Integration Act 2010 - see paragraph (m) in the definition of "transport legislation" in section 3.〕 As a result, the application of the Rail Safety Act is subject to the overarching transport system vision, transport system objectives and decision making principles set out in the Transport Integration Act. The responsible Minister for the Act is the Minister for Public Transport.
== Outline ==
The stated purpose of the Rail Safety Act is "...to provide for safe rail operations in Victoria".〔Rail Safety Act 2006, section 1.〕 The objects of the Act center on the safety of rail operations, management of safety risks, continuous improvement in rail safety management, public confidence in the safety of rail transport and appropriate stakeholder involvement.〔Rail Safety Act 2006, section 11(1).〕 The Act also contains a number of overarching policy principles relating to shared responsibility, accountability for managing safety risks, integrated risk management, enforcement, transparency, consistency and stakeholder involvement.〔Rail Safety Act 2006, Part 2.〕
The Act establishes a regulatory scheme with the following key elements -
* a number of performance based safety duties applying to a broad range of parties who can affect rail safety outcomes〔Rail Safety Act 2006, Part 3.〕
* an accreditation scheme concentrating on key rail industry operational parties〔Rail Safety Act 2006, Part 5.〕
* a requirement that rail operators have a safety management system in place〔Rail Safety Act 2006, Division 4 of Part 3.〕
* a broad range of sanctions and penalties〔The Rail Safety Act 2006 amended the then Transport Act 1983 in respect of these matters. The Transport Act has since been renamed the Transport (Compliance and Miscellaneous) Act 1983. See Part 7 of that Act.〕
* cost benefit protections against excessive action by the regulator against industry participants〔Cost benefit protections were positioned as a key balancing element in the Rail Safety Act scheme and a guard against a "feral" regulator or a "gold plated" safety approach to safety requirements. The Rail Safety Act initially amended the Transport Act 1983 to include the protections. The protections have since been transferred to the Transport Integration Act 2010 - see section 175.〕
* alcohol and drug controls on rail safety workers〔Rail Safety Act, Part 6.〕
* provision for the making of codes of practice to give guidance to regulated rail industry parties.〔Rail Safety Act 2006, Part 8.〕
The Rail Safety Act also established the State's first dedicated public transport safety regulator - the Director, Public Transport Safety - which was created as an independent statutory office.〔Note, this office has since been abolished. The office was subsumed within a broader transport safety office - the Director, Transport Safety - on 1 July 2010 by operation of provisions in the Transport Integration Act 2010. See, for example, section 171. The former office had jurisdiction over rail and bus safety matters only. The new independent transport safety office combines those functions with marine safety responsibilities previously regulated by the Director of Marine Safety under the Marine Act 1988.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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