Rail Safety News - Issue 5 - May 2011 - Transport Safety Victoria

6
Voluntary enforceable undertakings
Following changes to the Transport
(Compliance and Miscellaneous) Act 1983 (Vic)
on 1 July 2010, the Director, Transport Safety
(Safety Director) now has the power to accept
a voluntary enforceable undertaking (VEU)
from an accredited rail operator.
A VEU is a voluntary promise by an
operator to the Safety Director to
carry out/not carry specific activities
relating to a contravention/alleged
contravention of the Rail Safety Act
2006 (Vic).
A VEU is offered by the rail operator,
but may be initiated by either the
operator or TSV. An operator cannot
be compelled to sign a VEU and TSV
cannot be compelled to accept one.
If accepted by TSV, a VEU operates as
an agreement between the operator
and the Safety Director.
An operator cannot vary or withdraw the
undertaking without the consent of TSV. If TSV
considers an undertaking has been breached,
TSV may apply to the Magistrates’ Court for
enforcement of the undertaking. If the Court
agrees, the Court may:
• order that the operator:
• comply with the undertaking, or
• take specified action to comply with
the undertaking; or
• make any other order it considers
appropriate.
It is an offence not to comply with a
Magistrates’ Court order. For the 2010/11
financial year, the maximum penalties
applicable for this offence are $28,668 for
individuals and $143,340 for companies.
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