Rail Safety

The Rail Safety Act 2008 allows OTSI to investigate any safety occurrence affecting the safe operation of freight or passenger trains, or the railway infrastructure within NSW.

An investigation may be initiated by the Chief Investigator as the result of a safety occurrence or the identification of an adverse safety trend.

The purpose of an OTSI investigation is to identify why accidents or safety incidents occur and to make recommendations to prevent recurrence. OTSI Investigation reports are tabled by the Minister for Transport in both houses of the NSW Parliament and are also published on OTSI's website.

The nature of OTSI investigations is different to those carried out by safety regulators and enforcement agencies. OTSI applies a 'just culture' approach where the primary purpose is to identify the contributory factors that lead to a safety occurrence, rather than apportion blame. That said, if it is identified that a safety occurrence was the result of a malicious act, then the matter will be referred to the ITSRR or the Police.

In addition to allowing OTSI to investigate any safety occurrence within the NSW rail industry, the Rail Safety Act 2008 also allows the Chief Investigator to require an accredited railway operator to investigate a safety occurrence and to provide a copy of the investigation report to OTSI.