Western Australian Numbered Acts

RAIL SAFETY ACT 2010 (NO. 18 OF 2010) - SECT 79

79 .         Duties of rail safety workers

        (1)         A rail safety worker, when carrying out rail safety work must —

            (a)         take reasonable care for his or her own safety; and

            (b)         take reasonable care for the safety of persons who may be affected by the rail safety worker’s acts or omissions; and

            (c)         cooperate with the rail transport operator with respect to any action taken by the rail transport operator to comply with a requirement imposed under this Act.

        (2)         A rail safety worker, when carrying out rail safety work, must not intentionally or recklessly interfere with or misuse anything provided to the worker by the rail transport operator —

            (a)         in the interests of safety; or

            (b)         under this Act.

        (3)         A rail safety worker, when carrying out rail safety work, must not wilfully or recklessly place the safety of another person on or in the immediate vicinity of rail infrastructure at risk.

        (4)         An offence under subsection (1), (2) or (3) is a crime.

        Penalty:

            (a)         for a first offence, a fine of $100 000;

            (b)         for a second or subsequent offence, a fine of $125 000.

        (5)         For the purposes of subsection (1)(a) or (b), in determining whether a rail safety worker failed to take reasonable care, regard must be had to what the rail safety worker knew about the relevant circumstances.