The Hon John Watkins MP Deputy Premier Minister for Transport Minister for State Development Parliament House Macquarie Street Sydney NSW 2000
Dear Minister
It is my pleasure to submit to you for presentation to Parliament the Annual Report for 2004-05 of the Independ- ent Transport Safety and Reliability Regulator (ITSRR), which also includes the Annual Rail Industry Safety Report and the Annual Reliability Report for 2004-05.
The report highlights the signifi cant work undertaken during the year to consolidate ITSRR as a rail safety regula- tor and reliability advisor, including investigative work by ITSRR and the Offi ce of Transport Safety Investigations (OTSI).
The report has been prepared in accordance with the requirements of the Annual Reports (Statutory Bodies) Act 1984, the Annual Reports (Statutory Bodies) Regulation 2000, the Rail Safety Act 2002, the Transport Administra- tion Act 1988 and the Public Finance and Audit Act 1983.
Yours sincerely
Carolyn Walsh Chief Executive
ITSRR Annual Report 2004 - 05 1 Contents
1. Letter to Minister...... 1
2. Chief Executive’s Report...... 3
3. ITSRR Advisory Board Chairman’s Report...... 5
4. About the Independent Transport Safety and Reliability Regulator...... 6
5. ITSRR’s Achievements and Challenges of 2004-05...... 7
6. Overview of Rail Safety in NSW in 2004-05...... 9
7. Governance and Management Systems...... 11
8. About ITSRR’s Executive Management Team...... 15
9. About ITSRR’s Advisory Board...... 17
10. Report on Achievments of 2004-05 Corporate Plan Priorities...... 18
11. ITSRR’s Key Functions...... 19
12. ITSRR’s Organisational Chart...... 20
13. Forward directions - ITSRR Corporate Plan 2005-06...... 21
14. Overview of ITSRR’s Divisions (services, results and forward directions)...... 22
- Transport Safety Regulation Division...... 22
- Service Reliability Division...... 26
- Corporate Strategy Division...... 27
- Business Services Division...... 28
- Offi ce of Transport Safety Investigations...... 30
15. Transport Industry Overview...... 32
16. NSW Rail Industry Safety Report...... 38
17. NSW Transport Reliability Report...... 64
18. Financial Report, including summary...... 90
19. Appendices...... 114
20. Index...... 129
2 ITSRR Annual Report 2004 - 05 Chief Executive’s Report
The Independent Transport Safety NSW Government’s response to and Reliability Regulator (ITSRR) the recommendations in the Final has been operating since 1 January Report of the Special Commission 2004. This Annual Report therefore of Inquiry (SCOI) into the Waterfall provides an overview of the activi- Rail Accident. The Government’s re- ties and achievements of ITSRR for sponse to the Inquiry was released its fi rst complete year of operation. in February 2005. ITSRR published It also incorporates two further the fi rst quarterly report on its reports that ITSRR is required to implementation in April 2005. The present under the Transport Ad- quarterly reports detail the progress ministration Act 1988: the Annual of implementation for each re- Rail Safety Report and the Annual sponsible agency and identify any ITSRR Chief Executive, Carolyn Walsh Transport Reliability Report. slippage in the implementation of the recommendations. By end June During the 2004-05 year, ITSRR 2005, 26 recommendations had focused its activity in the following been verifi ed by ITSRR as having four main areas: safety regulation, been implemented. A further 26 reliability monitoring, communica- recommendations have been noti- tion with the rail industry and fi ed to ITSRR by operators as having capacity building. been implemented. ITSRR has yet In the area of safety regulation, to verify these. ITSRR’s primary role is to administer In 2004-05 ITSRR assisted in the rail safety legislation to facilitate development of further reforms to the safe operation of rail services the rail safety regulation framework in NSW. There are currently 70 rail which culminated in the Transport operators accredited by ITSRR in Legislation Amendment (Waterfall NSW. ITSRR ensures each ac- Rail Inquiry Recommendations) Act credited operator has the capacity 2005. One of the key elements of and competence to safely manage this legislation was the operational its rail operations. This is done separation of the Offi ce of Trans- by conducting compliance audits port Safety Investigations (OTSI) and inspections and following up from ITSRR. OTSI commenced as a with any necessary enforcement separate agency on 1 July 2005. action, including non-statutory notices (e.g. Notices of Emerg- Other major regulatory activities ing Safety Concern, Rail Industry have been the development of the Safety Notices and Information National Accreditation Package Alerts), and statutory notices (e.g. for consistent rail accreditation Improvement Notices and Prohibi- throughout Australia, the introduc- tion Notices). In 2004-05 ITSRR tion of improved medical standards collected monthly, and published for NSW train operating staff, quarterly, data on fatalities, derail- and improved data collection and ments, collisions, broken rails and reporting through the adoption of SPADs (Signals Passed at Danger). consistent data classifi cation of rail incidents across Australia. ITSRR’s safety regulation focus has included monitoring and report- The second main area of activity ing on the implementation of the during the year was the provision
ITSRR Annual Report 2004 - 05 3 of advice on reliability which the positive co-operation of the includes: public transport service rail industry. I have also greatly performance, asset sustainability of appreciated the ongoing support, the Government’s rail businesses, advice and encouragement of the and performance issues in Govern- Advisory Board. ment rail businesses which may indicate potential safety issues. In I thank them all for their work over 2004-05 ITSRR provided advice on the past year, and look forward to the implementation of the RailCorp continuing the task of improving timetable, published its fi rst annual rail safety, and coordinating safety survey of CityRail customers, and across all transport modes. provided advice on the asset sus- tainability of NSW rail operations. Carolyn Walsh The third area of focus was com- Chief Executive munication with the rail industry, operators and unions. In 2004-05 ITSRR held quarterly Executive Safety Seminars, a series of work- shops for industry to explain recent regulatory changes, initiated the publication of an electronic news service entitled “Transport Advisory Weekly;” published a Quarterly Newsletter, and remodelled its website to ensure all relevant information is easy to locate.
The fourth and fi nal activity on which ITSRR focused its activi- ties was capacity building of the organisation. ITSRR completed the recruitment of its full comple- ment of staff. The commitment to ongoing staff development was demonstrated with the training of 26 authorised offi cers, and the pro- vision of support to some 30 staff to undertake a Graduate Certifi cate in Transport Safety at the University of NSW School of Safety Science. ITSRR is also well advanced with the development of information and management systems to support its regulatory functions.
ITSRR’s successes to date are largely due to the skill, dedication and commitment of its staff, and
4 ITSRR Annual Report 2004 - 05 ITSRR Advisory Board Chairman’s Report
Since the Waterfall rail accident Corporation and Queensland As a result, from July 2005, the in January 2003, a great deal of Rail; Board will not advise OTSI on its attention has been paid to enhanc- • ITSRR’s response to investigation reports. The Chief ing safety management skills and the National Transport Executive of ITSRR may, however, expertise across the rail sector. This Commission’s discussion paper continue to seek the Board’s views of course, applies as much to the on risk tolerability in rail safety on OTSI reports in order to provide skills of the safety regulator as it regulation; ITSRR, as the regulator, with advice does to rail operators. in relation to OTSI’s fi ndings and • the review into the Safety recommendations. My colleagues and I on the ITSRR Specialist Competencies and Advisory Board have endeavoured Skills; Finally, I would like to express over the past year to share our • the 2004 CityRail Customer gratitude to my colleagues on the knowledge and expertise with Survey; Board for their continued commit- ITSRR’s management in a way • preparation of advice on the ment and contribution over the which, we trust, is not only enhanc- new CityRail timetable; past year. ing the capability and credibility of • identifi cation of rail safety the rail regulator in NSW, but also priorities; contributing to the development of industry capability. • implementation of the Government’s response to the Ron Christie, AM, BE(Civil), HonFIE Of course, our role is not to Special Commission of Inquiry Aust, FAIM manage the day to day operations into the Waterfall Rail Accident Chairperson of ITSRR, or to make decisions with and ITSRR’s quarterly reports Independent Transport Safety and regard to its statutory functions. on progress; Reliability Advisory Board That is properly the role of ITSRR’s • the scope and methodology Chief Executive and management of audits and compliance team. Rather, we aim to provide inspections of accredited ITSRR’s management with ongoing operators; and access to advice and guidance • analysis of rail industry safety from people who have signifi cant incident data. senior experience in safety and risk management and transport opera- tions. These are people who the The Board has also reviewed and regulator may not normally be able provided advice to the Chief Inves- to have on staff, or may not be tigator of the Offi ce of Transport able to access through consultancy Safety Investigations (OTSI) on its arrangements. investigations into rail, bus and ferry incidents and accidents. During the year, the Board has offered advice to ITSRR about a In June 2005, the Government wide range of issues, including: passed legislation to establish OTSI as an independent agency to • the development of new ITSRR. This was in response to the standards of accreditation Waterfall Commission’s concern under the National to remove any possible perception Accreditation Package; of a confl ict of interest between • the accreditation of operators the ITSRR, its Board and OTSI in in NSW, including the entry the independent investigation of into the NSW industry of transport incidents. the Australian Rail Track
ITSRR Annual Report 2004 - 05 5 About the Independent Transport Safety and Reliability Regulator
ITSRR commenced operations in the rail, bus and ferry transport To deliver these functions, ITSRR January 2004. ITSRR is a statutory modes; and the independent has developed a Results and authority of the NSW Government investigation of rail incidents1. These Services Plan. The Plan includes and in 2004-05, comprised 90 functions are outlined in more a diagram outlining what serv- staff. All of ITSRR’s staff are located detail on page 20. ices ITSRR provides to contribute in Sydney, although a number towards a sequence of results (see travel throughout NSW to conduct In regulating safety, there are three diagram below). The higher the investigations and audit rail opera- separate agencies that each look level of result, the more it relies tors for rail safety purposes. after different modes of public on a number of stakeholders to ITSRR’s principal legislated objective transport – rail, bus and ferry. ITSRR achieve. is to “facilitate the safe operation is responsible for rail safety regula- of transport services in NSW”. tion. The Ministry of Transport is responsible for bus safety regula- 2 In 2004-05, ITSRR had four key tion . NSW Maritime is responsible functions: to regulate rail safety; to for ferry safety. ITSRR and the monitor the reliability of publicly Ministry of Transport report to the funded transport services (rail, bus NSW Minister for Transport whilst and ferry); the strategic coordina- NSW Maritime reports to the tion of regulatory agencies across Minister for Ports and Waterways.
ITSRR RESULTS LOGIC FOR 2005 - 06
NSW Government Priorities The Government’s service delivery priorities for public transport centre around delivering
Safe and reliable transport services in New South Wales
Planned Results for ITSRR ImprovingImproving reliabilityreliability ofof ImprovingImproving safetysafety cultureculture ImprovingImproving riskrisk profilesprofiles (joint stakeholder transporttransport servicesservices outcomes)
Higher RailRail operators operators have have RailRail operatorsoperators havehave aa ConsistentConsistent applicationapplication Intermediate ITSRR identifies and GovernmentGovernment andand thethe effectiveeffective safetysafety continuouslycontinuously ITSRR identifies and ofof safetysafety activityactivity andand Results for alerts rail industry to communitycommunity areare managementmanagement improvingimproving safetysafety alerts rail industry to reportingreporting acrossacross ITSRR (joint potential safety issues informedinformed aboutabout systemssystems cultureculture potential safety issues transporttransport modesmodes stakeholder serviceservice reliabilityreliability outcomes)
Lower Intermediate Joint projects between regulators Rail operators achieve accreditation Non-compliant rail operators Joint projects between regulators Findings communicated to Results for Rail operators achieve accreditation Non-compliant rail operators Operators implement changes to conducted and shared approach to Findings communicated to and comply with conditions of comply with enforcement Operators implement changes to conducted and shared approach to Government and/or and comply with conditions of comply with enforcement safety culture Safety Management Systems across Government and/or ITSRR (linked accreditation action safety culture Safety Management Systems across community in a timely and accreditation action all transport modes in NSW community in a timely and to ITSRR all transport modes in NSW accessibleaccessible manner manner services)
ITSRR’s direct Identification and analysis of Audit, accreditation and Legal and policy advice Identification and analysis of Leadership and ReviewReview and and analysis analysis of of services Audit, accreditation and Legal and policy advice rail safety information and Leadership and Strategic coordination compliance enforcement of rail to Government on rail rail safety information and participation in Strategic coordination issuesissues relating relating to to reliability reliability of of compliance enforcement of rail to Government on rail development of strategies to participation in across transport modes safety legislation safety development of strategies to national rail reform across transport modes public transport (also feeds safety legislation safety address safety issues national rail reform public transport (also feeds address safety issues intointo work work on on safety) safety)
CorporateCorporate performance performance management management (e.g. (e.g. corporate corporate planning planning and and reporting, reporting, Divisional Divisional reporting reporting and and staff staff individual individual performance) performance)
ITSRR’s LiaisonLiaison internally internally and and with with other other regulators, regulators, stakeholders, stakeholders, the the Minister’s Minister’s Office Office and and the the Government Government capacity building services KnowledgeKnowledge and and information information management, management, including including processes processes and and systems systems to to support support this this (e.g. (e.g. data data collection collection and and reporting, reporting, staf stafff training, training, electronic electronic document document management) management)
BusinessBusiness services services (e.g. (e.g. human human relations, relations, occupational occupational health health and and safety safety and and financial financial services) services)
1 With the separation of OTSI from 1 July 2005, ITSRR will only undertake compliance investigations, rather than wide ranging, independent “just culture” investigations. 2. The RTA also regulates buses in its role as regulator of motor vehicles.
6 ITSRR Annual Report 2004 - 05 ITSRR’s Achievements and Challenges of 2004-05
Achievements (e.g. Improvement Notices and they are responsible, and identify Prohibition Notices); any slippage; ITSRR’s primary achievements during • undertaking an active role in • assisting in the development of the period under review was the national reform of rail regulation further reforms to the rail safety fulfi lment of its statutory function of by introducing the National regulation framework which improving rail safety in NSW by: Accreditation Package in culminated in the Transport • accrediting rail operators in NSW, and participating in the Legislation Amendment NSW. There are currently 70 development of national model (Waterfall Rail Inquiry accredited operators. ITSRR legislation, including chairing Recommendations) Act 2005; ensures each operator has the National Rail Safety Package • communicating regularly with developed the capacity and Steering Committee. the rail industry, operators competence to safely manage • implementing mandatory and unions through its revised its rail operations3; guidelines to industry website, newsletters, workshops • monitoring the safety of the about health standards and Executive Safety Seminars; NSW rail system by conducting for train drivers, drug and • recruiting staff with high audits and compliance alcohol testing and fatigue level capabilities, enabling inspections, and collecting management; us to increase our auditing data on, amongst other things, • publishing in May 2005, the and compliance enforcement fatalities, derailments, collisions, fi rst Quarterly Report on the capacity; broken rails and SPADs (Signals Implementation of the NSW • the establishment of ITSRR’s Passed at Danger); Government’s Response function of monitoring the • maintaining compliance with to the Special Commission reliability of public transport the Rail Safety Act 2002 by of Inquiry (SCOI) Final systems and the delivery of issuing non-statutory notices Report. These reports detail several reports on reliability (e.g. Notices of Emerging progress by each responsible issues, for example the survey of Safety Concern Rail Industry agency in implementing the CityRail Customers; recommendations for which Safety Notices and Information • the implementation of Alerts), and statutory notices signifi cant Waterfall Rail Inquiry recommendations such as the development of a comprehensive document and records management system and the operational separation of Offi ce of Transport Safety Investigations (OTSI) from ITSRR; and • the bedding down of the investigations function, which has enabled, the delivery of a number of OTSI reports, including four investigations into rail incidents, two into bus incidents and one ferry incident investigation. ITSRR staff and transport agencies were briefed on proposed national reforms during the year by Carolyn Walsh, ITSRR Chief Executive (third from left at table), with guest speaker Dr Neil Gunningham, Professor, Regulatory Institutions Network, ANU (second from left at table).
3 Accreditation of its own provides no guarantee of safety.
ITSRR Annual Report 2004 - 05 7 Challenges
In making the above achievements, ITSRR faced some signifi cant chal- lenges, including:
• prioritising rail safety risks and identifying the most appropriate strategies to address these; • communicating with a broad mix of stakeholders so they are kept up-to-date with ongoing rail safety reforms at both state and national levels; • the ongoing requirement to monitor and report on the implementation of the NSW Government’s response to the recommendations of the Special Commission of Inquiry Final Report into the Waterfall Rail Accident; and • identifi cation and capture of high, quality data for ITSRR’s new information systems.
ITSRR staff attend a lunch-time session to share corporate knowledge on proposed national rail safety reforms.
8 ITSRR Annual Report 2004 - 05 Overview of Rail Safety in NSW in 2004-2005
A full report on rail safety in NSW Injuries sions were reported in 2004-05. is contained in the ITSRR Annual Three incidents involved track Rail Industry Safety Report, which There were 14 serious passenger maintenance vehicles, one of which is published with this ITSRR Annual injuries reported to ITSRR in resulted in two employees being Report on page 38. This overview 2004-05. This is less than half the taken to hospital with injuries. Five provides a brief summary of longer-term annual average of 37. incidents involved low-speed shunt- selected statistics presented in that The number of public and tres- ing collisions. One collision occurred Industry Safety report. passer serious injuries in 2004-05 as a result of a swinging door on a was consistent with previous years. freight train striking a window on a Fatalities However, the number of serious passing passenger train. employee injuries in 2004-05 was The number of rail-related pas- 13, which is more than double Derailments senger fatalities decreased over the the longer-term annual average of 10-year period to June 2005. In fi ve. These injuries were suffered A derailment is any incident where 2004-05 there was one rail-related in various circumstances by a range one or more wheels of a train or passenger fatality (a passenger fell of employee types including track other type of rolling stock leave the from a platform into the path of workers, train drivers and train rail or track during railway opera- an oncoming train), compared to guards. tion. Like collisions, certain types of an average of four per year at the derailments have the potential to beginning of the period. A rela- Collisions cause serious consequences, such tively high number of rail-related as fatalities and serious injury. passenger fatalities were recorded A collision is an incident where in 1999-00 and 2002-03. These a train4 (or other type of rolling There were a total of 136 derail- were associated with the Glen- stock) strikes another object, (such ments in NSW during 2004-05. brook and Waterfall train accidents as another train, a track obstruction This is down from 149 derailments respectively. or a person) or an object strikes the in the previous twelve months train. and consistent with a longer-term The highest number of overall decreasing trend for this type of fatalities on the NSW rail network In 2004-05 there were 600 colli- rail incident. Derailments occurred was associated with trespassers. sions involving trains, over two- in a range of situations, including Trespasser fatalities are generally thirds of which involved persons running line derailments, shunting the result of intentional acts such throwing stones at trains. Other derailments and derailment of track as suicide, or an unfortunate relatively frequent, but minor machines during maintenance consequence of other activity severity incidents included collisions work. such vandalism or unauthorised with obstructions (mainly trees) and crossing of tracks. While diffi cult collisions with animals. A total of 13 derailments involved to control, trespasser fatalities have trains on running lines. These were There were 30 reported “train to fallen slightly in recent years. The all freight trains and approximately person” collisions in 2004-05 with number of reported passenger, half of the incidents comprised 21 of these resulting in injury or public and employee fatalities in a single wagon derailment. The fatality. In 17 of these incidents the 2004-05 was at, or close to, the remainder of running line derail- collision was with a trespasser. lowest observed over the last 10 ments had more signifi cant conse- quences such as multiple wagon years. A total of nine train-to-train colli- derailments and track damage.
4 Rolling stock refers to the individual pieces of a train, for example, a carriage or wagon. A train is one or more units of rollingstock coupled together.
ITSRR Annual Report 2004 - 05 9 Level Crossing Incidents More than half of these incidents smaller organisations so overall were assigned to a generic category rates are heavily infl uenced by the There were 276 level crossing “other”. This covers a range of testing activity and results of these incidents reported to ITSRR in 2004- defects and circumstances, some larger operators. 05. Most of these involved damage of which have specifi c causes and to level crossing equipment as a consequences, for example, broken In 2005-06 ITSRR will be compil- result of vandalism or road vehicles joints. ITSRR is working with other ing all information from drug colliding with infrastructure. There regulators in Australia to enhance and alcohol quarterly returns and were no incidents involving a train the national classifi cation scheme positive testing notifi cations to striking a person at a level crossing to provide for identifi cation and determine the patterns of detection in 2004-05. However, there were analysis of such incidents. across operators and types of rail eleven incidents where a train safety work. This information will collided with a road motor vehicle. Broken rails were the most be used for comparative assess- One of these incidents resulted in common type of reported track ments and to establish benchmarks both occupants of the road motor irregularity over the 10-year period, for the purpose of identifying any vehicle being taken to hospital with with an average of 120 incidents organisations with an emerging injuries. Another incident resulted in reported per year. The number safety risk associated with drug the death of the driver of the road of broken rails varies with season and/or alcohol use. motor vehicle. This latter incident is because rails are more susceptible the subject of an investigation. The to breakage at low temperatures. other incident notifi cation did not A total of 124 broken rail incidents report any casualties. were reported to ITSRR in 2004- 05. Approximately half of these The number of collisions at passive occurred during the winter months crossings has fallen in the past ten of May, June and July. years and is now similar to that for active crossings5. A contributing Drug and Alcohol Testing factor to this change is attributed to the removal of a number of Over 4,000 drug and 35,000 crossings and the upgrading of alcohol tests were conducted others. Over 20 level crossings have in NSW during 2004-05. The been closed over the past few years, number of tests is expected to and improved level crossing facili- increase in the next year because ties were installed at over 95 sites some operators implemented across NSW in the past two years. their programs in stages in 2004- 05. The overall detection rate - Track and Civil Irregularities the percentage of total tests that yielded a positive result - was Track condition is an important higher for drugs (3.0%) than for indicator of rail safety because alcohol (0.4%). These rates are track-related defects can lead to not necessarily representative of more serious incidents such as train operators or rail safety workers derailments. Over 500 track and in general. Larger organisations civil irregularities were reported conduct many more tests than Reiner Mangulabnan, ITSRR Audit and Compliance to ITSRR during the 2004-05 year. Officer and Kevin Kitchen, ITSRR Manager Audit and Compliance audit rail industry operators to ensure they are meeting their rail safety accreditation requirements.
5 Active crossings have controls (such as lights, bells, booms) and passive crossings use only “Stop” or “Give Way”signs.
10 ITSRR Annual Report 2004 - 05 Governance and Management Systems
ITSRR’s governance struc- The Chief Executive’s strategic advice. These include the: ture decisions are informed by advice, discussions and regular corporate • Corporate Governance ITSRR is managed by its Chief performance reports provided by Committee; Executive. The Chief Executive is the members of the EMT. • Information Management an independent statutory position and Technology Steering which, while accountable to the The Chief Executive can, at her Committee; and discretion, seek advice on rail NSW Minister for Transport for • Strategy Committee. ITSRR’s performance, is independ- safety matters from the ITSRR Advisory Board, which has been ent of Government in relation to The ITSRR Corporate Governance key safety functions. The Chief chaired by Ron Christie since ITSRR’s inception. The ITSRR Committee comprises a cross- Executive is supported by a senior section of ITSRR senior staff. Issues management group, called the Ex- Advisory Board does not review or contribute to management-related considered during the 2004-05 ecutive Management Team (EMT). year included: EMT membership for 2004-05 decisions, but is rather a source of constituted all fi ve Divisional high-level expertise for the Chief • a governance model and its Executives, and the Chief Execu- Executive to draw upon in for- scope; mulating regulatory responses to tive. Profi les of the members are • audit methodology required; complex rail safety issues. Further on pages 15-16. and information on the ITSRR Advisory The EMT meets monthly to review Board membership is provided on • corporate risks. progress towards the achievement page 17 and in the Appendices to of ITSRR’s goals, to assist the this Report. Similarly the Information Manag- Chief Executive make decisions ment and Technology (IM&T) and, where necessary, revise ITSRR has established a number Steering Committee comprises priorities. of internal committees to assist in a cross section of ITSRR senior directing operations and providing staff. Its role is to take a direct and active role in managing IM&T governance at ITSRR. In 2004-05 the committee was primarily concerned with start up and devel- opment activities at ITSRR, such as the development of a corporate database, an electronic document and records management system, and the purchase of suitable resources for fi eld staff.
The Strategy Committee meets as required to consider cross-organi- sational strategic issues over and above those considered regularly by the EMT.
EMT members meet monthly to discuss strategy and review corporate performance. (from The following processes are used left) Colin Holmes, Director Safety Projects, Paul Harris, Director Business Services, Simon Foster, Executive Director, Service Reliability, Mark Buckley, Manager Organisational Develop- by ITSRR to identify and manage ment, Carolyn Walsh, Chief Executive, John Gorman, ITSRR’s Technical Panel and Catherine risks and ensure an effective Herriman, Director Safety Strategy. framework for strategic
ITSRR Annual Report 2004 - 05 11 management of these risks: services in NSW”. activities on the NSW rail industry of NSW. ITSRR communicates with • the corporate planning cycle: During the year ITSRR continued to accredited rail operators in NSW via the advance identifi cation and implement a corporate risk manage- the following means: prioritisation of objectives; ment policy. Each ITSRR division • the corporate reporting cycle: developed its own risk management • audits, both fi eld and desktop; the identifi cation of past plan. These documents are consist- • compliance inspections successes and future challenges ent with Australian Standard 4360: undertaken in the fi eld; Risk Management. to assist future planning of • non-statutory enforcement activities; The six elements which ITSRR uses to and compliance notices (for • implementation of ITSRR’s risk develop and assess its risk manage- example, Notices of Emerging management policy, including ment framework are: Safety Concern, Information the development of risk Alerts & Rail Industry Safety registers; • senior management Notices); • the review of any internal audit commitment and employee • statutory enforcement and fi ndings; participation; compliance notices (for • the review of any external audit • an established organisational example, Improvement Notices fi ndings; and context; and Prohibition Notices); • liaison with ITSRR stakeholders. • a structured and coherent risk • quarterly newsletters; and control framework; These processes are explained • executive safety seminars; below. • the use of business objectives • workshops; to determine Risk Management • the Transport Advisory Weekly; strategies; Corporate planning and • its website: www. • controls linked to business reporting transportregulator.nsw.gov.au; processes and accountabilities; • general reports and In 2004-05 the priorities identifi ed and publications; and in the 2004-05 Corporate Plan • having treatment plans in place were acted upon and reported to reduce risk consequence or • correspondence to individual against on a monthly and quarterly likelihood. accredited rail operators as issues arise. basis. The results of these top level ITSRR continually reviews and priorities are summarised on page re-evaluates the context in 18. For 2005-06 ITSRR has revised which it is managing its risks. its Corporate Plan and refi ned its In assessing risk and developing performance measures and report- appropriate risk control measures, ing framework. A copy of the plan is ITSRR draws as appropriate on on page 21. In 2004-05 ITSRR met internal and external stakeholder its statutory requirement to provide knowledge. its Results and Services Plan (RSP) to Treasury according to the criteria set Stakeholder engagement and on time.
Industry Risk management approach ITSRR considers all 70 of the ITSRR takes a risk-based approach to accredited rail operators in NSW achieving its legislative and strategic to be key stakeholders. Conse- objective to “facilitate the safe ITSRR regularly holds seminars for the rail industry, quently ITSRR has focussed the transport agencies and ITSRR staff to keep them up-to- and reliable operation of transport majority of its communication date with rail safety reforms.
12 ITSRR Annual Report 2004 - 05 ITSRR also engages regularly with • National Transport Commission Safety Regulators’ Panel and an individual operators and industry • Standing Committee on industry association observer. It was associations such as the Australa- Transport established to assist the National sian Railway Association. Transport Commission (the body • Rail Safety Regulators’ Panel. responsible for road, rail and other Government Coordination of Safety transport reform) develop national Regulation model legislation. NSW contributes ITSRR’s stakeholders also extend to actively to this process to ensure other government organisations There are three separate agencies that the high standards set by within NSW, in other states and in NSW responsible for regulating NSW are refl ected in the national territories and in the Common- safety of public transport. ITSRR legislation. wealth Government. For example, is responsible for rail safety regula- ITSRR regularly communicates with: tion, the Ministry of Transport is Financial summary overview • The Minister for Transport responsible for bus safety regula- • NSW Ministry of Transport tion and NSW Maritime is responsi- In 2004-05 ITSRR received ble for ferry safety. consolidated fund allocations of • NSW Maritime Authority $15.171m compared to the budget Through the Transport Regulators • NSW WorkCover allocation of $15.776m. ITSRR also Executive Committee (TREC), ITSRR • Treasury and The Cabinet Offi ce collected $3.591m in fees from works in partnership with the • Independent Pricing and accredited rail operators, which Ministry of Transport and NSW Regulatory Tribunal form part of Crown consolidated Maritime to deliver a coordinated revenue. • Other State and Territory strategic approach to the regula- transport agencies and tion of passenger transport safety. The Regulator’s net cost of service regulators TREC comprises the chief executives (represented by total expenses less • Australian Transport Safety and certain senior executives of total revenue) for 2004-05 was Bureau the regulatory agencies within the $16.502m which was $411,000 • The Commonwealth transport services, ports and wa- more than budget allocation. This Department of Transport and terways portfolios. TREC is chaired increase is attributed to higher staff Regional Services by the Chairman of ITSRR Advisory related on-costs due to a change in Board, Mr Ron Christie. TREC meets • Australian Transport Council accounting standards. When this at least quarterly. increase is excluded ITSRR managed its expenditure to 0.03% of budget. ITSRR regularly liaises with a range of other government agencies, In 2004-05 the surplus from both interstate and intrastate ordinary activities was lower than in the collection and analysis of the budget of $1.15m due to a data with respect to transport reduction in the capital appropria- safety. In that regard ITSRR is an tion. active participant in the national reform process to achieve NSW For a more detailed account of objectives on rail safety legislation. ITSRR’s fi nancial performance, see This includes for example, regular the audited fi nancial statements at liaison with the National Transport the end of this report. Presentation hosted by ITSRR for external Commission. ITSRR also chairs the stakeholders and ITSRR staff by Dr Alan Hobbs from NASA Ames Research Centre, Rail Safety Package Steering Com- who spoke about lessons learnt from the US mittee. This Committee comprises airline industry on maintenance error and safety. representatives from seven states and territories, the chair of the Rail
ITSRR Annual Report 2004 - 05 13 an Equal Employment Opportunity Capacity Building In-house education seminars which involve presentations by ITSRR staff (EEO) Management Plan and work- ITSRR values its staff and has a to share their professional and place policies that detail account- focus on ensuring staff capac- technical knowledge were also abilities for ensuring the absence of ity is maximised. To this end, initiated in 2004-05. This aims to discrimination and harassment. heighten the extent of corporate ITSRR designed and introduced a ITSRR has also completed work- knowledge across the mix of professional development program place policies detailing various regulatory, policy, technical and duting 2004 which was available employment requirements administrative staff within ITSRR, for all staff. The program is a including a Policy for Performance some of whom may have been in post-graduate level qualifi cation Management which introduces the rail industry for many years in Transport Safety. Risk Man- processes to outline performance and others new to the fi eld. In agement was the fi rst subject expectations for staff and ensures the constantly changing transport delivered in the Autumn Semester feedback is provided on results. reform environment, staff have 2005. Other subjects include The central theme of these policies provided positive comment on the Safety Management Systems, and plans is to provide a workplace regular internal briefi ngs. Human Factors in Transport and where staff are valued and their Qualifi ed Auditor in Transport ITSRR values the diversity of its efforts recognised. Safety. staff and advocates equality of The ITSRR EEO Management Plan employment opportunity. It has In 2004-05 ITSRR staff also contains the following objectives: received monthly internal briefi ngs implemented policies including an by the Chief Executive and Division Ethnic Affairs Priorities Statement, • improving access to Heads. information relating to Human Resources policies and practices; “The Risk Management course provided a very good grounding in • creating a diverse and skilled the fundamentals of the risk management process and how this workforce; process can be applied in a range of organisational contexts. The • improving employment access content of the course was found to be highly benefi cial, particularly and participation for EEO in understanding the current best practice approach to risk manage- groups; and ment and how this can be applied to facilitate effective identifi ca- • promoting a workplace culture tion and treatment of organisational risks. displaying fair practices and behaviour. An in-depth understanding of the principles, processes and tools that are required for effective risk management are essential in the accreditation and audit of rail operators, particularly in relation To achieve these activities the to the assessment of the risk management process and proposed EEO plan includes strategies to risk controls, or facilitation of improvements in operator safety ensure equitable representation management systems. In this respect the course content was found of EEO groups in decision-making to be highly relevant to members of the Audit, Accreditation and forums, effective dissemination Compliance Branch who participated, providing a good funda- of information to all staff, and mental understanding of what should be expected from operator equity in training and development risk management systems to improve their safety performance and opportunities. ensure that the risks arising from operation are being appropriately managed.”
ITSRR staff member’s comment on an external risk management course attended by a number of ITSRR staff
14 ITSRR Annual Report 2004 - 05 About ITSRR’S Executive Management Team
The Chief Executive is supported by a senior management group, called the Executive Management Team (EMT). EMT membership constitutes all four Divisional Executives, the Chief Investigator of the Offi ce of Transport Safety Investigations (OTSI) and the Chief Executive of ITSRR.
Carolyn Walsh, Chief Executive Kent Donaldson, Executive Simon Foster, Executive Director, Transport Safety Director, Service Reliability Regulation Divison Division Carolyn Walsh (BEc) has had Kent Donaldson joined ITSRR from Simon Foster (GradDipMangt and extensive experience in the Com- the Transport Safety Bureau of the a Land and Engineering Survey monwealth Government in policy Ministry of Transport. Prior to this, Drafting Certifi cate) brings over development and program imple- Kent held the positions of General twenty-fi ve years of technical and management experience in rail mentation in the areas of small Manager Operations and Safety, areas such as track, fl eet, opera- business (regulation reform, export Australian Rail Track Corporation, tions, stations and communica- programs and access to fi nance), General Manager FAC Operations, tions. He was appointed as ITSRR’s sectoral policies (particularly in Federal Airports Corporation Executive Director, Service Reliability steel, automotive and wood and General Manager, QANTAS in April 2004. paper products), and science and Management Systems and Safety, innovation. QANTAS Airways Limited. Among his career highlights was assignment to the Offi ce of Coordi- From 1996-1999 Ms Walsh was Kent holds degrees of BEc, BSc and nator-General of Rail (OCGR) on its Minister-Counsellor, Industry BSc (Eng) from the University of establishment in June 2000, where Science and Technology, at the New England and the University of he was a member of the team responsible for overseeing fi nal Australian High Commission in New South Wales and is a member preparations for rail services for the London. of the Australian Institute of Sydney 2000 Games. Following the Transport. In 2000 Ms Walsh joined the Games he remained with OCGR and was subsequently part of the NSW Public Service where she was Kent’s duties as Executive Director, team advising Government on Executive Director, Strategy in the Transport Safety Regulation at Offi ce of the Coordinator General the establishment of what is now ITSRR required him to be conver- ITSRR. of Rail. Her responsibilities included sant with all aspects of rail safety coordinating operational and safety in New South Wales and to make Simon has been awarded a Bicen- issues between publicly owned rail recommendations and promote tennial Fellowship in Management authorities in NSW. Ms Walsh also policies to improve rail safety. (the equivalent of a Churchill provided advice in this capacity to Fellowship). the then Department of Transport Kent has now left ITSRR to take Simon has qualifi cations and on the preparation of the Rail up a challenging new opportunity experience as a fi reman on steam with Connex in Melbourne. Safety Act 2002. In January 2004 locomotives and as a second Ms Walsh was appointed Chief person on diesel locomotives on Executive of ITSRR. mainline operations. He also pos- sesses qualifi cations as an Inspector of Permanent Way (Track).
ITSRR Annual Report 2004 - 05 15 Natalie Pelham, Executive Direc- Paul Harris, Director, Business Paul O’Sullivan, Chief Investiga- tor, Corporate Strategy Division Services Division tor, Offi ce of Transport Safety Investigations Natalie Pelham (BSc, MSocSc) Paul Harris (BCom) joined ITSRR has worked in the safety fi eld after many years with StateRail in Paul O’Sullivan is the inaugural since 1994, initially working in a Corporate Human Resources and appointee as the Chief Investigator research unit at the University of Business Services management of the Offi ce of Transport Safety Sydney, followed by seven years roles. Investigations (OTSI) which was with WorkCover NSW where she established by the NSW Government Paul has held various past roles held a number of senior positions. in January 2004. with organisational responsibil- Natalie moved to the transport ity for Human Resource policy Previously he held senior ap- portfolio in 2003 to join the Project development and organisational pointments in the Australian Team advising Government on the change.Prior to his appointment at Defence Force, where his responsi- design and implementation of the bilities included unit and formation ITSRR he managed the centralised new Independent Transport Safety command, individual and collective human resources and accounting and Reliability Regulator. Natalie training, transport operations, function for State Rail. was appointed Executive Director, safety management, emergency Corporate Strategy in April 2004 preparedness and response, accident and is currently completing a PhD in investigation and international public health specialising in public standards. His experience has been policy (regulation) for workplace gained in varied assignments including contingency planning for health and safety. State Disaster Plans; Chair of the Washington Standardisation Offi ce; an accountable commander for Occupational Health and Safety; both prosecutor and defending counsel in Military Courts Martial and President of the Board of Inquiry into the 1996 mid-air Black Hawk helicopter collision.
He holds postgraduate qualifi cations in Organisational Behaviour and is an affi liate member of the International Society of Air Safety Investigators and a member of the Australian Aviation Psychology Association.
Paul will no longer be part of the ITSRR EMT with the separation of 16 ITSRR Annual Report 2004 - 05 OTSI from ITSRR from 1 July 2005. About ITSRR’s Advisory Board
The Chief Executive can, at her implement the NSW Government’s discretion, seek advice on rail safety response to the Waterfall SCOI matters from the ITSRR Advisory Report. The aim of these amend- Board, which has been chaired by ments was to remove any potential Ron Christie since ITSRR’s inception. perception that the ITSRR Advisory Board undertakes a management The ITSRR Advisory Board does function within ITSRR. not review or contribute to management-related decisions, The ITSRR Advisory Board consists but is rather a source of high-level of the Chief Executive and four expertise for the Chief Executive to external members: Ron Christie draw upon in formulating regula- (Chairman), Professor Jean Cross, tory responses to complex rail Rob Schwarzer and Dr Robert safety issues. Lee. A more detailed overview of the Board’s functions and the The ITSRR Advisory Board’s func- qualifi cations and experience of tions were amended by legislation its members, is contained in the in June 2005 to strengthen regula- Appendices to this report. tory independence. This was part of the amendments necessary to
ITSRR’s Advisory Board meets monthly to prepare advice for ITSRR, (from left, Board Members Rob Schwarzer, Carolyn Walsh, Ron Christie (Chair), Rob Lee, and Jean Cross).
ITSRR Annual Report 2004 - 05 17 Report on Achievement of 2004-05 Corporate Plan Priorities
Corporate Plan Priority for 2004-05 Result
Further strengthening of the Regulatory In 2004-05 ITSRR undertook a review of the statutory frame- Model for transport safety work for rail operators and led and contributed to various projects on national rail regulatory reform.
Identifi cation of safety issues and develop- ITSRR has developed a methodology to identify key safety areas ment of strategies to promote and improve on which to focus in the forthcoming year. Priorities for 2005- safety 06 are set out in ITSRR’s Corporate Plan.
Prioritisation and implementation of strat- ITSRR has developed and implemented a regular monitoring egies to meet ITSRR’s responsibility for moni- and reporting framework for the reliability of publicly funded toring the reliability of transport services mass transit systems in NSW.
Establishment and refi nement of forums for ITSRR has established the Transport Regulators Executive Com- consulting with rail, bus and ferry au- mittee; developed MOU’s with other safety regulators (such as thorities, operators and their employees, the WorkCover); and established consultative and working forums community and national transport agencies such as the Executive Safety Seminar series and the Rail Safety Package Steering Committee.
Increasing organisational capability through ITSRR has developed the framework for a Corporate Manage- robust corporate management systems ment System, implemented a professional development program, and invested in information management and technology (IM&T) projects.
Development of a regulatory response to ITSRR has put in place a regular monitoring and reporting the recommendations of the fi nal report of process to ensure that the SCOI recommendations accepted by the Special Commission of Inquiry into the Government are fully implemented. Waterfall Rail Accident (SCOI)
For more detailed information on the above results, see pages 23-30.
18 ITSRR Annual Report 2004 - 05 ITSRR’s Key Functions
• conducting education and ITSRR’s reliability monitoring role awareness activities to assist rail also complements its safety func- operators to understand and tion. By understanding the pres- comply with their obligations. sures on the delivery of services and the management of infrastructure and other assets, ITSRR can identify Reliability Monitoring potential confl icts between service standards and safety. ITSRR has a role in providing advice on the performance of publicly funded transport services in relation to standards set by the NSW Government. ITSRR’s function in respect to reliability relates primarily to monitoring and the prepara- tion of reports to the Minister for ITSRR regulates for rail safety in NSW. Transport and the community, Rail Safety Regulation on reliability of publicly funded transport services. ITSRR is the safety regulator of the NSW rail industry. Regulation of Reliability is defi ned as incorporat- rail safety is achieved through: ing the quality, effectiveness and effi ciency of the service. It includes: • accrediting railway operators’ fulfi lling performance contracts safety management systems to as set by the Government (which During the year, ITSRR released a report on the first independent survey of CityRail ensure they have the capacity are broader than just punctuality customers. to run operations safely; and include conditions on quality of service); ensuring the overall • verifying compliance with Strategic Coordination the Rail Safety Act 2002 sustainability of infrastructure and across Transport Modes and an operators’ terms of networks; and any other matters as accreditation through audits, prescribed by the regulations. ITSRR provides strategic coordina- inspections and investigations; tion and leadership on safety issues In monitoring and reporting on reli- for public transport operations • issuing regulations and ability of publicly funded transport across rail, bus and ferry transport guidelines to rail operators to services, attention is paid to the modes. This involves ITSRR working provide clarity and assistance to following matters: meet their safety obligations; in cooperation with the regulators of buses (Ministry of Transport) and • monitoring the implementation • fulfi lment of obligations under ferries (NSW Maritime) to promote of safety initiatives, safety contracts and arrangements consistency in safety regulation recommendations and safety relating to the provision of when appropriate. Reliability issues actions; services, including timeliness and quality of services; are also considered. • collecting and analysing data from operators to identify • management and A primary mechanism for ITSRR to safety trends and to better administration of infrastructure, share and promote such work is, target regulatory activity; assets, resources and liabilities; through the Transport Regulators • conducting research into safety • customer attitudes and needs; Executive Committee (TREC). issues to identify improvements and Interaction also occurs with other for safety regulation in NSW; • any other matters prescribed by safety-related agencies at the and the relevant regulations. national level, particularly the
ITSRR Annual Report 2004 - 05 19 Australian Transport Council and separation of OTSI and ITSRR on 1 OTSI also manages a Confi dential the National Transport Commis- July 2005. Safety Information Reporting sion, in respect to policy making Scheme for employees of public and the development of national During 2004/05 OTSI undertook passenger train, bus and ferry com- model rail safety legislation. ITSRR “just culture” investigations into panies and freight rail operators. and the Offi ce of Transport Safety serious rail, bus and ferry accidents The Scheme enables employees to Investigations (OTSI) also maintain and incidents and related transport report information regarding safety contact and exchange of informa- safety issues. This function will occurrences and safety concerns tion with the Australian Transport continue to be undertaken by OTSI they may be reluctant to report Safety Bureau and transport safety as a separate organisation. offi cially within their company, or regulators from other states. The purpose of OTSI investigations where they have been unsuccessful is to identify what has occurred, in having previous internal reports addressed to their satisfaction. Investigation why it has occurred and to recom- mend safety actions to rectify In 2004-05 ITSRR had two distinct defi ciencies and prevent recurrence investigation functions. To ensure of similar incidents. OTSI “just compliance with the Rail Safety Act culture” investigations do not 2002, ITSRR undertook compliance seek to attribute blame, but rather investigations and initiated enforce- establish the factors and sequences ment action as a result of investiga- which have contributed to causing tion outcomes when appropriate. the incident. This helps identify This function will continue to be relevant systemic issues that may undertaken by ITSRR following the need to be addressed.
ITSRR’s Organisational Chart
20 ITSRR Annual Report 2004 - 05 Forward Directions