Transport (Rail Safety) Amendment Regulation (No. 1) 2012 (Qld)

Queensland Transport (Rail Safety) Amendment Regulation (No. 1) 2012 Subordinate Legislation 2012 No. 14 made under the Transport(RailSafety)Act2010 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of pt 3, div 7, hdg (Management programs) . . . . . . . 3 5 Insertion of new pt 3, div 7A, hdg, new pt 3, div 7A, sdiv 1, hdg and new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 7A Fatigue management programs Subdivision 1 Requirements for fatigue management program 18A Definitions for div 7A. . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 19 (Requirements for fatigue management program—Act, s 85) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new pt 3, div 7A, sdivs 2 and 3 . . . . . . . . . . . . . . . . . 5 Subdivision 2 Work hours and rest periods for train drivers 19A Purpose of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19B Standard work hours and rest periods . . . . . . . . . . . . 5 19C Alternative work hours and rest periods . . . . . . . . . . . 6 19D Transitioning between different work hours and rest periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 19E Exception for accident or emergency . . . . . . . . . . . . . 7

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 Contents Subdivision 3 Approval of alternative work hours and rest periods for train drivers 19F Approval may be granted . . . . . . . . . . . . . . . . . . . . . . 8 19G Consultation requirement . . . . . . . . . . . . . . . . . . . . . . 9 19H Application for approval . . . . . . . . . . . . . . . . . . . . . . . 9 19I What applicant for approval must demonstrate . . . . . 11 19J Considering application . . . . . . . . . . . . . . . . . . . . . . . 11 19K Steps after application decided . . . . . . . . . . . . . . . . . 12 19L When approval takes effect . . . . . . . . . . . . . . . . . . . . 13 19M Approval subject to conditions . . . . . . . . . . . . . . . . . . 13 19N Grounds for varying, suspending or revoking approval 14 19O Procedure for varying, suspending or revoking approval 16 19P Suspending approval immediately . . . . . . . . . . . . . . . 17 19Q Application for variation of approval . . . . . . . . . . . . . . 18 19R Considering application for variation and conditions that may be imposed . . . . . . . . . . . . . . . . . . . . . . . . . 19 19S Steps after application for variation decided. . . . . . . . 20 8 Insertion of new pt 3, div 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 8A Provision about information chief executive may require 21A Information that may be required—Act, s 90 . . . . . . . 21 9 Amendment of s 27 (Information that must be given—Act, s 91(1)) 22 10 Insertion of new pts 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 7 Internal and external review 50 Internal review of decisions . . . . . . . . . . . . . . . . . . . . 23 51 External review of decisions . . . . . . . . . . . . . . . . . . . . 24 Part 8 Transitional provision for Transport (Rail Safety) Amendment Regulation (No. 1) 2012 52 Application of particular provisions. . . . . . . . . . . . . . . 24 11 Amendment and renumbering of sch 4 (Dictionary). . . . . . . . . . . 24 12 Insertion of new sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Schedule 4 Internal and external reviews Page 2 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 1] 1 Short title This regulation may be cited as the Transport (Rail Safety) Amendment Regulation (No. 1) 2012 . 2 Regulation amended This regulation amends the Transport(RailSafety)Regulation 2010. 3 Amendment of s 3 (Definitions) Section 3, ‘4’— omit, insert— ‘5’. 4 Amendment of pt 3, div 7, hdg (Management programs) Part 3, division 7, heading, after ‘programs’— insert — ‘ other than fatigue management programs ’. 5 Insertion of new pt 3, div 7A, hdg, new pt 3, div 7A, sdiv 1, hdg and new s 18A After section 18— insert — ‘Division 7A Fatigue management programs ‘Subdivision 1 Requirements for fatigue management program ‘18A Definitions for div 7A ‘In this division— 2012 SL No. 14 Page 3

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 6] drive , a train, means drive or otherwise control the movement of the train. train means a freight train or passenger train. train driver , of a train operator, means a rail safety worker who drives the operator’s train. train operator means a rolling stock operator for a train.’. 6 Amendment of s 19 (Requirements for fatigue management program—Act, s 85) Section 19— insert— ‘(2) Also, for section 85 of the Act, if a rail transport operator is a train operator, the operator’s fatigue management program for rail safety workers must— (a) state the work hours and rest periods applying, under subdivision 2, to the operator’s train drivers; and (b) provide for measures for ensuring the operator’s work arrangements for the operator’s train drivers comply with the work hours and rest periods applying to the drivers under subdivision 2; and (c) provide for measures to monitor and record compliance with the work hours and rest periods applying, under subdivision 2, to the operator’s train drivers, including measures to monitor and record— (i) the actual hours worked, and rest periods taken, by the drivers; and (ii) any contravention of the work hours and rest periods by the drivers; and (d) if the operator has an alternative work and rest hours approval— (i) include, as part of the program, the alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of the approval; and Page 4 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (ii) provide for implementing the management plan.’. 7 Insertion of new pt 3, div 7A, sdivs 2 and 3 Part 3, after section 19— insert— ‘Subdivision 2 Work hours and rest periods for train drivers ‘19A Purpose of sdiv 2 ‘The purpose of this subdivision is to state, for section 19(2), the work hours and rest periods that apply to a train operator’s train driver. ‘19B Standard work hours and rest periods ‘(1) This section applies if the train driver drives the train operator’s train other than under an alternative work and rest hours approval. ‘(2) The length of the train driver’s shift must not be more than— (a) if the driver drives a train as a one-driver operation for any period during the shift—9 hours; or (b) otherwise—12 hours. ‘(3) For subsection (2), the train driver drives a train as a one-driver operation for a period if the driver is the only person responsible for driving the train for the period. ‘(4) Also, if, during a shift, the train driver drives a passenger train on an urban journey, the driver must not spend more than 8 hours of the shift driving trains. ‘(5) The train driver’s rest period must be at least— (a) 12 hours; or (b) if the driver’s shift ending immediately before the rest period starts ended at an away depot—8 hours. ‘(6) In any 14 day period, the train driver— 2012 SL No. 14 Page 5

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (a) must not carry out work in relation to railway operations in more than 12 shifts; and (b) must not carry out work in relation to railway operations for more than 132 hours. ‘(7) In this section— away depot , for a train operator’s train driver, means a place, other than the driver’s home depot, provided or arranged by the operator as a place for the driver to rest between shifts. home depot , for a train operator’s train driver, means the work location identified as the driver’s home depot in the driver’s contract of employment, contract of training or contract for services. length , of a shift of a train operator’s train driver, means the time between when the driver signs on to start the shift and when the driver signs off to end the shift. ‘19C Alternative work hours and rest periods ‘(1) This section applies if the train driver drives the train operator’s train under an alternative work and rest hours approval. ‘(2) The train driver’s shifts and rest periods must comply with the alternative work hours and rest periods the subject of the alternative work and rest hours approval. ‘19D Transitioning between different work hours and rest periods ‘(1) This section applies to the train driver if the following happens (a work arrangement change )— (a) for a train driver who is driving a train other than under an alternative work and rest hours approval—the driver starts driving a train under an alternative work and rest hours approval; (b) for a train driver who is driving a train under an alternative work and rest hours approval— Page 6 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (i) the alternative work hours and rest periods the subject of the approval are varied; or (ii) the driver starts driving a train other than under an alternative work and rest hours approval; or (iii) the driver starts driving a train under another alternative work and rest hours approval. ‘(2) Subject to subsection (3), the work hours and rest periods applying to the train driver under section 19B or 19C immediately before the work arrangement change happens continue to apply to the driver until— (a) if the driver is in the middle of a rest period when the change happens—the end of the rest period; or (b) otherwise—the end of the driver’s first rest period after the change. ‘(3) The length of the rest period mentioned in subsection (2) must be the longer of the following— (a) the minimum rest period under the work hours and rest periods applying to the train driver under section 19B or 19C immediately before the work arrangement change happens; (b) the minimum rest period under the work hours and rest periods applying to the train driver under section 19B or 19C immediately after the work arrangement change happens. ‘(4) The work hours and rest periods applying to the train driver under section 19B or 19C immediately after the work arrangement change happens start to apply to the driver when the rest period mentioned in subsection (2) ends. ‘19E Exception for accident or emergency ‘Sections 19B to 19D do not apply to the train driver if— (a) either— (i) an accident or emergency happens; or 2012 SL No. 14 Page 7

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (ii) other urgent or unforeseeable circumstances arise that make it necessary for the driver to contravene the sections to avoid serious disruption to the train operator’s railway services, because there is no reasonable alternative available; and (b) the driver reasonably believes the driver is not fatigued to the extent that the driver’s ability to carry out rail safety work safely is impaired. Note — Under section 35 of the Act, a rail safety worker has a duty to not, intentionally or recklessly, place at risk the safety of another person while carrying out rail safety work on or in the immediate vicinity of rail infrastructure. ‘Subdivision 3 Approval of alternative work hours and rest periods for train drivers ‘19F Approval may be granted ‘(1) The chief executive may approve alternative work hours and rest periods for a train operator’s train drivers for the operator’s railway operations of a stated scope and nature. ‘(2) For subsection (1), the stated scope and nature of the railway operations includes— (a) the railway operations for which the approval is granted under subsection (3); and (b) details of the nature of the railway operations mentioned in paragraph (a), including, for example— (i) the railway tracks, and routes, in relation to which the railway operations are carried out; or (ii) the type of train used to carry out the railway operations; or (iii) the type of service provided by the railway operations. Page 8 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] ‘(3) An approval under subsection (1) may be granted for 1 or more of the following— (a) all or stated railway operations; (b) a service or aspect, or part of a service or aspect, of stated railway operations. ‘19G Consultation requirement ‘A train operator intending to apply for approval, under this subdivision, of alternative work hours and rest periods for the operator’s train drivers must— (a) prepare a proposed alternative work hours and rest periods management plan for the alternative work hours and rest periods; and (b) so far as is reasonably practicable, consult with the following persons about the proposed management plan— (i) rail safety workers who are likely to be affected by the plan, including train drivers who would be required to comply with the alternative work hours and rest periods; (ii) workplace health and safety representatives, within the meaning of the WorkHealthandSafetyAct, representing any of the persons mentioned in subparagraph (i); (iii) unions representing any of the persons mentioned in subparagraph (i). ‘19H Application for approval ‘(1) A train operator may apply to the chief executive to approve alternative work hours and rest periods for the operator’s train drivers for the operator’s railway operations of a stated scope and nature. ‘(2) The application for the approval must— (a) be in the approved form; and 2012 SL No. 14 Page 9

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (b) state the following— (i) the scope and nature of the railway operations for which the approval is sought; (ii) details of the alternative work hours and rest periods for which the approval is sought; (iii) whether or not the applicant— (A) has alternative work hours and rest periods approved under a corresponding law; or (B) has applied for approval of alternative work hours and rest periods under a corresponding law; and (c) include an alternative work hours and rest periods management plan for the alternative work hours and rest periods for which the approval is sought; and (d) include any information the applicant used to prepare the management plan mentioned in paragraph (c); and (e) include details of the consultation about a proposed alternative work hours and rest periods management plan for the alternative work hours and rest periods for which the approval is sought undertaken by the applicant under section 19G, including, for example, the following details— (i) the persons, or groups of persons, who were consulted; (ii) when and how the consultation was carried out; (iii) the views about the proposed management plan expressed by the persons consulted; (iv) the changes made to the proposed management plan as a result of the consultation. ‘(3) The chief executive may, by notice, require the applicant— (a) to supply further information; or (b) to verify by statutory declaration any information supplied to the chief executive. Page 10 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] ‘19I What applicant for approval must demonstrate ‘(1) The chief executive may grant an approval under this subdivision, with or without conditions, only if the chief executive is satisfied that granting the approval would not be likely to create risks to the safety of the applicant’s railway operations greater than that which would be the case if the standard work hours and rest periods applied to the applicant’s train drivers for the railway operations. ‘(2) In making a decision under subsection (1), the chief executive must have regard to the following— (a) the scope and nature of the railway operations for which the approval is sought; (b) the applicant’s alternative work hours and rest periods management plan for the alternative work hours and rest periods for which the approval is sought; (c) anything else the chief executive considers relevant. ‘19J Considering application ‘(1) The chief executive must consider each application for approval of alternative work hours and rest periods under this subdivision and— (a) if the chief executive is satisfied the chief executive can grant the approval under section 19I—grant the approval, with or without conditions; or (b) refuse the application. ‘(2) The chief executive must grant the approval, or refuse the application, before the latest of the following periods ends— (a) 3 months after the application was received by the chief executive; (b) if the chief executive requested further information in relation to the application—3 months after the chief executive receives the final information requested; (c) another later period agreed to by the chief executive and the applicant. 2012 SL No. 14 Page 11

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] ‘(3) For subsection (1), the chief executive may impose conditions on the alternative work and rest hours approval, including, for example, that the applicant make stated changes to the applicant’s alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of the approval. ‘19K Steps after application decided ‘(1) If the chief executive approves alternative work hours and rest periods under this subdivision, the chief executive must give the applicant— (a) a notice stating the matters mentioned in subsection (2); and (b) if the chief executive has imposed a condition on the approval—an information notice for the decision to impose the condition. ‘(2) A notice under subsection (1)(a) must state the following— (a) the details of the applicant mentioned in subsection (4); (b) the scope and nature of the railway operations for which the approval is granted; (c) details of the alternative work hours and rest periods for which the approval is granted; (d) the conditions of the approval; (e) the day, which must be at least 7 days after the notice is given to the applicant, on which the approval is to take effect. ‘(3) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision. ‘(4) For subsection (2)(a), the following details of the applicant must be stated— (a) the applicant’s name; Page 12 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (b) if the applicant’s railway operations are carried out under a registered business name, the registered business name; (c) the applicant’s ABN; (d) if the applicant is a corporation, the applicant’s ACN; (e) the applicant’s address stated on the application. ‘19L When approval takes effect ‘An alternative work and rest hours approval takes effect on the day stated in the notice for the approval given under section 19K. ‘19M Approval subject to conditions ‘(1) An alternative work and rest hours approval is subject to the following conditions— (a) the train operator to whom the approval is granted must review the operator’s alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of the approval— (i) after each fatigue-related notifiable occurrence happens on or in relation to the operator’s railway operations the subject of the approval; and (ii) after each change in the nature of the work of the operator’s train drivers that may cause the drivers to drive trains for the operator’s railway operations the subject of the approval whilst fatigued; and (iii) in any event—at least once every year; (b) the train operator to whom the approval is granted must notify the chief executive of the outcome of a review under paragraph (a) within 28 days after the review is completed; (c) if the train operator to whom the approval is granted intends to vary the alternative work hours and rest periods management plan for the alternative work hours 2012 SL No. 14 Page 13

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] and rest periods the subject of the approval—the operator must give the chief executive a copy of the management plan as varied at least 2 months before the variation is to take effect; (d) the conditions, if any, imposed by the chief executive under section 19J. ‘(2) The train operator must comply with the conditions of the alternative work and rest hours approval. Note — Failure to comply with a condition of an alternative work and rest hours approval is a ground for the approval to be varied, suspended or revoked under section 19N. ‘(3) For subsection (1)(a)(i), a fatigue-related notifiable occurrence happens on or in relation to a train operator’s railway operations if— (a) a notifiable occurrence happens on or in relation to the railway operations; and (b) the operator knows, or reasonably suspects, the notifiable occurrence was caused wholly or partly because a train driver was driving a train for the railway operations whilst fatigued. ‘19N Grounds for varying, suspending or revoking approval ‘(1) This section applies if— (a) an alternative work and rest hours approval was granted because of a document or representation that is false or misleading or obtained or made in another improper way; or (b) the chief executive reasonably considers risks to the safety of a train operator’s railway operations the subject of an alternative work and rest hours approval are greater than that which would be the case if the standard work hours and rest periods applied to the operator’s train drivers for the railway operations; or (c) the chief executive— Page 14 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] (i) becomes aware that the alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of an alternative work and rest hours approval has been, or is to be, changed; and (ii) reasonably considers, having regard to the change or proposed change, risks to the safety of the railway operations the subject of the approval have increased or are likely to increase; or (d) the chief executive reasonably believes the alternative work hours and rest periods the subject of an alternative work and rest hours approval are not being complied with; or (e) the train operator granted an alternative work and rest hours approval has contravened— (i) a condition of the approval; or (ii) the Act. ‘(2) The chief executive may, by complying with section 19O— (a) vary the alternative work and rest hours approval in any of the following ways— (i) by varying the scope and nature of the railway operations that are the subject of the approval; (ii) by varying the alternative work hours and rest periods that are the subject of the approval; (iii) by varying the conditions of the approval, including by imposing new conditions; or (b) suspend the approval wholly or partly, or in relation to stated railway operations, for a stated period; or (c) revoke the approval wholly or partly, or in relation to stated railway operations, with immediate effect or with effect from a stated future date. 2012 SL No. 14 Page 15

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] ‘19O Procedure for varying, suspending or revoking approval ‘(1) Before making a decision under section 19N, the chief executive must— (a) give the train operator a notice stating— (i) that the chief executive is considering making a decision under section 19N of the type, and for the reasons, stated in the notice; and (ii) that the operator may, within the period of at least 28 days stated in the notice, make written representations to the chief executive showing cause why the decision should not be made; and (b) consider any representations made under paragraph (a)(ii) that have not been withdrawn. ‘(2) If, after considering the written representations, the chief executive decides to act under section 19N, the chief executive must give the train operator an information notice for the decision. ‘(3) If the chief executive decides to revoke the alternative work and rest hours approval, the information notice must also include a direction to the train operator to return the notice given under section 19K(1) for the approval to the chief executive within 14 days after receiving the information notice. ‘(4) A train operator who is directed under subsection (3) to return a notice must comply with the direction, unless the operator has a reasonable excuse. Maximum penalty—20 penalty units. ‘(5) A decision under section 19N takes effect on the later of the following— (a) the day the information notice is given to the train operator; (b) the day of effect stated in the information notice. ‘(6) If, after considering the written representations, the chief executive decides action is no longer required under section 19N in relation to the alternative work and rest hours Page 16 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] approval, the chief executive must give the train operator notice of the decision. ‘19P Suspending approval immediately ‘(1) This section applies if the chief executive reasonably considers there is, or would be, an immediate and serious risk to the safety of persons if a train operator’s alternative work and rest hours approval is not suspended immediately. ‘(2) The chief executive may, by notice given to the train operator and without complying with section 19O, immediately suspend the operator’s alternative work and rest hours approval— (a) wholly or partly, or in relation to stated railway operations; and (b) for a stated period not exceeding 6 weeks. ‘(3) The notice given under subsection (2) must include, or be accompanied by, an information notice. ‘(4) The chief executive may amend a suspension of a train operator’s alternative work and rest hours approval under this section to— (a) reduce the period of suspension; or (b) extend the period of suspension so long as the total suspension period does not exceed 6 weeks. ‘(5) Before amending a suspension of a train operator’s alternative work and rest hours approval under this section to extend the period of suspension, the chief executive must— (a) give the operator a notice stating— (i) that the chief executive is considering extending the period of suspension for the reasons stated in the notice; and (ii) that the operator may, within the period of at least 7 days stated in the notice, make written representations to the chief executive showing 2012 SL No. 14 Page 17

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] cause why the suspension should not be extended; and (b) consider any representations made under paragraph (a)(ii) that have not been withdrawn. ‘(6) If, after considering the written representations, the chief executive decides to amend the suspension of the train operator’s alternative work and rest hours approval to extend the period of suspension, the chief executive must give the operator an information notice for the decision. ‘(7) If the chief executive decides to amend the suspension of the train operator’s alternative work and rest hours approval to reduce the period of suspension, the chief executive must give the operator a notice stating the new period of suspension. ‘19Q Application for variation of approval ‘(1) A train operator may apply to the chief executive for a variation of the operator’s alternative work and rest hours approval, including, for example, to vary— (a) the scope and nature of the railway operations that are the subject of the approval; or (b) the alternative work hours and rest periods that are the subject of the approval; or (c) a condition of the approval imposed by the chief executive. ‘(2) An application for a variation of an alternative work and rest hours approval must— (a) be in the approved form; and (b) include the details of the variation being sought. ‘(3) Also, if the application is for a variation of the alternative work hours and rest periods that are the subject of the alternative work and rest hours approval, the application must be made as if it were an application for the approval of the alternative work hours and rest periods under this subdivision. Note — Page 18 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] See sections 19G and 19H for the requirements for an application for the approval of alternative work hours and rest periods. ‘(4) The chief executive may, by notice, require the applicant— (a) to supply further information; or (b) to verify by statutory declaration any information supplied to the chief executive. ‘19R Considering application for variation and conditions that may be imposed ‘(1) The chief executive must consider each application, under section 19Q, for a variation of an alternative work and rest hours approval and— (a) vary the approval in the way sought by the applicant, with or without imposing new or varied conditions on the approval not sought by the applicant; or (b) refuse the application. ‘(2) However, the chief executive may vary the alternative work and rest hours approval under subsection (1)(a) only if the chief executive is satisfied that the approval as it applies after the variation would not be likely to create risks to the safety of the applicant’s railway operations greater than that which would be the case if the standard work hours and rest periods applied to the applicant’s train drivers for the railway operations. ‘(3) In making a decision under subsection (1), the chief executive must have regard to the following— (a) the scope and nature of the railway operations that are the subject of the alternative work and rest hours approval to which the application relates; (b) the following management plan— (i) if the application is for a variation of the alternative work hours and rest periods that are the subject of the alternative work and rest hours approval—the applicant’s alternative work hours and rest periods 2012 SL No. 14 Page 19

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 7] management plan for the alternative work hours and rest periods as varied; (ii) otherwise—the applicant’s alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of the approval; (c) anything else the chief executive considers relevant. ‘(4) For subsection (1)(a), the chief executive may impose new or varied conditions on the alternative work and rest hours approval not sought by the applicant, including, for example, that the applicant make stated changes to the applicant’s alternative work hours and rest periods management plan for the alternative works hours and rest periods the subject of the approval. ‘(5) The chief executive must vary the alternative work and rest hours approval, or refuse the application, before the latest of the following periods ends— (a) 3 months after the application was received by the chief executive; (b) if the chief executive requested further information in relation to the application—3 months after the chief executive receives the final information requested; (c) another later period agreed to by the chief executive and the applicant. ‘19S Steps after application for variation decided ‘(1) If the chief executive decides to vary an alternative work and rest hours approval under section 19R, the chief executive must give the applicant— (a) a notice stating the matters mentioned in subsection (2); and (b) if the chief executive has imposed a new or varied condition on the approval not sought by the applicant—an information notice for the decision to impose the new or varied condition. Page 20 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 8] ‘(2) A notice under subsection (1)(a) must state the following— (a) the details of the applicant mentioned in subsection (4); (b) details of the variation of the alternative work and rest hours approval; (c) if the chief executive has imposed a new or varied condition on the alternative work and rest hours approval—the new or varied condition. ‘(3) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision. ‘(4) For subsection (2)(a), the following details of the applicant must be stated— (a) the applicant’s name; (b) if the applicant’s railway operations are carried out under a registered business name, the registered business name; (c) the applicant’s ABN; (d) if the applicant is a corporation, the applicant’s ACN; (e) the applicant’s address stated on the application.’. 8 Insertion of new pt 3, div 8A Part 3, after section 21— insert— ‘Division 8A Provision about information chief executive may require ‘21A Information that may be required—Act, s 90 ‘(1) This section prescribes, for section 90 of the Act, information the chief executive may, under that section, require from a rail transport operator who is a train operator. ‘(2) The chief executive may require the train operator to give any of the following information for a stated period— 2012 SL No. 14 Page 21

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 9] (a) information about compliance, during the period, with the work hours and rest periods applying, under division 7A, subdivision 2, to the operator’s train drivers, including information about— (i) the actual hours worked, and rest periods taken, by the drivers in the period; and (ii) any contravention of the work hours and rest periods by the drivers in the period; (b) information about any circumstances in which sections 19B to 19D did not apply, in the period, to a train driver of the operator because of the operation of section 19E; (c) if the operator has an alternative work and rest hours approval, information about— (i) compliance, during the period, with the alternative work hours and rest periods management plan for the alternative work hours and rest periods the subject of the approval; and (ii) the outcome of a review of the alternative work hours and rest periods management plan, for the alternative work hours and rest periods the subject of the approval, conducted in the period.’. 9 Amendment of s 27 (Information that must be given—Act, s 91(1)) Section 27— insert— ‘(2) Also, if the rail transport operator is a train operator, the operator must give the chief executive the following information for each financial year during which railway operations are carried out by or on behalf of the operator under the operator’s accreditation— (a) information about compliance, during the year, with the work hours and rest periods applying, under division 7A, subdivision 2, to the operator’s train drivers, Page 22 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 10] including information about any contravention of the work hours and rest periods by the drivers in the year; (b) information about any circumstances in which sections 19B to 19D did not apply, in the year, to a train driver of the operator because of the operation of section 19E; (c) if the operator has an alternative work and rest hours approval—information relating to the implementation of the alternative work hours and rest periods management plan, for the alternative work hours and rest periods the subject of the approval, during the year.’. 10 Insertion of new pts 7 and 8 After section 49— insert— ‘Part 7 Internal and external review ‘50 Internal review of decisions ‘(1) A person whose interests are affected by a decision described in schedule 4 (the original decision ) may ask the chief executive to review the decision. ‘(2) The person is entitled to receive a statement of reasons for the original decision whether or not the provision under which the decision is made requires that the person be given a statement of reasons for the decision. ‘(3) The Transport Planning and Coordination Act 1994 , part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. 2012 SL No. 14 Page 23

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 11] ‘51 External review of decisions ‘(1) This section applies if the chief executive’s decision (the internal review decision ) on a review under section 50 is not the decision sought by the applicant for the review. Note — Under the Transport Planning and Coordination Act 1994 , section 34, the chief executive must give the applicant a notice complying with the QCAT Act, section 157(2). ‘(2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the internal review decision. Note — The QCAT Act, section 22(3) provides that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative. ‘Part 8 Transitional provision for Transport (Rail Safety) Amendment Regulation (No. 1) 2012 ‘52 Application of particular provisions ‘The following provisions do not apply in relation to a train operator’s railway operations until 11 February 2013— • section 19(2) • division 7A, subdivision 2 • division 8A • section 27(2).’. 11 Amendment and renumbering of sch 4 (Dictionary) (1) Schedule 4— insert— Page 24 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 11] ‘ alternative work and rest hours approval means an approval of alternative work hours and rest periods granted under part 3, division 7A, subdivision 3. alternative work hours and rest periods means work hours and rest periods applying to a train operator’s train driver that are different to the standard work hours and rest periods. alternative work hours and rest periods management plan , for alternative work hours and rest periods, means a document that— (a) states— (i) the alternative work hours and rest periods; and (ii) the railway operations to which the alternative work hours and rest periods apply; and (b) identifies and assesses any additional risks to the safety of the railway operations likely to result from the alternative work hours and rest periods applying to a train operator’s train drivers for the railway operations; and (c) states any measures to manage the additional risks identified under paragraph (b). drive , a train, for part 3, division 7A, see section 18A. information notice , for a decision, means a notice stating the following— (a) the decision; (b) reasons for the decision; (c) that, under section 50, the person may ask for the decision to be reviewed by the chief executive; (d) that, under the TransportPlanningandCoordinationAct1994 , part 5, division 2, the person may apply for the decision to be stayed by QCAT; (e) that, in relation to the chief executive’s decision on the review, the person may— (i) under section 51, ask for the decision to be reviewed by QCAT; and 2012 SL No. 14 Page 25

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 12] (ii) under the QCAT Act, apply for the decision to be stayed by QCAT. rest period , for a train operator’s train driver, means the period between when the driver signs off to end a shift and when the driver signs on to start the driver’s next shift. standard work hours and rest periods means the work hours and rest periods applying to a train operator’s train driver under section 19B. train , for part 3, division 7A, see section 18A. train driver , of a train operator, has the meaning given by section 18A. train operator has the meaning given by section 18A. work hours and rest periods means maximum work hours and minimum rest periods.’. (2) Schedule 4— renumber as schedule 5. 12 Insertion of new sch 4 After schedule 3— insert— ‘Schedule 4 Internal and external reviews section 50 Section of Regulation 19J(1)(a) 19J(1)(b) 19N(2) Page 26 Description of decision decision of chief executive to impose conditions on approval of alternative work hours and rest periods decision of chief executive to refuse application for approval of alternative work hours and rest periods decision of chief executive to vary, suspend or revoke alternative work and rest hours approval 2012 SL No. 14

Transport (Rail Safety) Amendment Regulation (No. 1) 2012 [s 12] Section of Regulation 19P 19R(1)(a) 19R(1)(b) Description of decision decision of chief executive to immediately suspend alternative work and rest hours approval, or extend period of immediate suspension of the approval decision of chief executive to impose on an alternative work and rest hours approval to which an application for variation relates new or varied conditions not sought by the applicant decision of chief executive to refuse application for variation of alternative work and rest hours approval’. ENDNOTES 1 Made by the Governor in Council on 2 February 2012. 2 Notified in the gazette on 3 February 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport and Main Roads. © State of Queensland 2012 2012 SL No. 14 Page 27