There are four different types of notices that may be served under the Rail Safety National Law (RSNL):
The Office of the National Rail Safety Regulator (ONRSR) can serve an improvement notice on a person (which includes an organisation) who ONRSR reasonably believes:
An improvement notice will be issued in writing and will set a time within which the action needs to be taken. ONRSR may decide to extend this time if it is satisfied that the operator is taking reasonable steps to comply with the notice.
The issuing of an improvement notice is a reviewable decision under s215 of the RSNL.
ONRSR may issue a prohibition notice when it is reasonable to believe that there is an immediate risk to safety. A prohibition notice requires the immediate cessation of the relevant activity until the matters that give rise to the risk to safety are remedied. This notice is a tool to achieve short term, localised action in relation to a specific activity. A prohibition notice may be issued orally but must be confirmed by written notice as soon as practicable.
ONRSR can issue a non-disturbance notice if ONRSR reasonably believes it is necessary to facilitate the exercise of powers under the RSNL. ONRSR will serve the notice on the person (which includes an organisation) with control or management of railway premises.
A non-disturbance notice can require a person to:
There are some things that can be done even if a non-disturbance notice has been served. It is possible to:
A non-disturbance notice will be issued in writing and it will apply for a period of 7 days or less. ONRSR can issue one or more subsequent non-disturbance notices either before or after the end of the period in the previous notice.
Under s233 of the RSNL ONRSR can issue an infringement notice if it has a reason to believe that a rail transport operator has breached an infringement penalty provision of the RSNL.