Safe railways for Australia

Compliance & enforcement

Compliance with legislative obligations can be promoted through the provision of information, education and monitoring or compelled by enforcement action. ONRSR will consider the circumstances of a failure to comply with legislative obligations and then apply a compliance measure appropriate to those circumstances and in proportion with the risk presented at the time.

The compliance and enforcement tools available to ONRSR range from the ‘softer’ tools at the bottom of the following pyramid to the immediate and dramatic at the top.

Regulatory pyramid

Regulatory pyramid

  • Revocation or suspension of accreditation
  • Prosecution; enforceable voluntary undertaking
  • Statutory notices (improvement notice, prohibition notice, non-disturbance notice, infringement notice); conditions or restrictions on accreditation/registration; direct amendment of safety management system
  • Finding of non-conformance

Provision of advice, education and training, verbally or through development of guidelines, fact sheets, information and safety alerts and safety messages.

Each finding from an audit, inspection or investigation activity will be considered so that the most appropriate option (or options) for the circumstance is applied. Where appropriate, ONRSR will liaise with the rail transport operator (RTO) when considering the compliance and enforcement option so as to afford the RTO an opportunity to remedy the matter. However, ONRSR shall, if appropriate, use stronger enforcement options dependent upon the risk to safety and/or the gravity of the circumstances.

Related documents

Last updated: 3 August 2020