❓ Mr. Zempilas asks about the WA government's recognition and implementation of the national Code of Practice for Train Visibility at Level Crossings, particularly its legal standing within WA under the Rail Safety National Law. The government confirms the recognition date and clarifies the code's legal admissibility.
AnsweredQoN 876Legislative Assembly
QuestionView source ↗
I refer to the Code of Practice: Train Visibility at Level Crossings approved by Infrastructure and Transport Ministers on 6 December 2024, and to sections 249–250 of the Rail Safety National Law (WA) Act 2015 dealing with approved codes of practice and their evidentiary use, and I ask: (a) On what date did the Government recognise the Code as an approved code of practice for the purposes of RSNL (WA); (b) Has the Department issued any WA‑specific policy directions, circulars or implementation notes to rail transport operators and road managers about applying the Code in WA: (i) If yes, please table them; and (ii) If not, why not and when will they be issued; (c) Does the Government consider that the Code has legal standing in WA proceedings under RSNL (WA) s. 250: (i) If not, why not; and (d) Has the Minister sought or received any legal advice about the Code’s status in WA?
AnswerView source ↗
Answered
18 November 2025
Responded by
Minister for Transport
Response time
9 days
(a) 6 December 2024.
(b) This is a function of the Office of the National Rail Safety Regulator.
(c)-(d) The Code is made under Section 249 of the Rail Safety National Law (RSNL) and is admissible evidence before a court in proceedings for an offence against the RSNL, including offences occurring in Western Australia.
(b) This is a function of the Office of the National Rail Safety Regulator.
(c)-(d) The Code is made under Section 249 of the Rail Safety National Law (RSNL) and is admissible evidence before a court in proceedings for an offence against the RSNL, including offences occurring in Western Australia.
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