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Rail Safety Act
The ''Rail Safety Act 2006'' is a law enacted by the Parliament of the State of Victoria, Australia, and is the prime statute regulating the safety of rail operations in Victoria. The Act was developed as part of the Transport Legislation Review conducted by the Department of Transport between 2004 and 2010 and is aimed at preventing deaths and injuries arising from rail operations. The Act was the State's first dedicated statute on the subject and replaced provisions in the former ''Transport Act 1983''. The Act forms part of the transport policy and legislation framework in Victoria set by the ''Transport Integration Act 2010'', and its provisions are subject to the overarching transport system vision, transport system objectives and decision making principles set out in the ''Transport Integration Act''. The Act was passed in early 2006 and commenced on 1 August of that year. The Act also established Victoria's first independent transport safety regulator, the Director, Pu ...
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Director, Transport Safety
The Director, Transport Safety, who operates as Transport Safety Victoria, is the independent Government agency responsible for bus and marine safety in the State of Victoria, Australia. The position was created as a statutory office by the ''Transport Integration Act 2010'' and the office commenced operation on 1 July 2010. The Rail branch of TSV completetransfer to the Office of the National Rail Safety Regulator (ONRSR)in December 2019. The Director, Transport Safety is one of two dedicated transport safety offices in Victoria, the other being the Chief Investigator, Transport Safety. The Director has oversight of safety regulation schemes and industry performance under the schemes and is responsible for regulation and compliance activities in the transport sector, while the Chief Investigator conducts no blame or just culture investigations and inquiries in the transport sector. These agencies are part of the Department of Transport but are functionally independent and rep ...
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Statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Regulatory Agency
A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity. These are customarily set up to strengthen safety and standards, and/or to protect consumers in markets where there is a lack of effective competition. Examples of regulatory agencies that enforce standards include the Food and Drug Administration in the United States and the Medicines and Healthcare products Regulatory Agency in the United Kingdom; and, in the case of economic regulation, the Office of Gas and Electricity Markets and the Telecom Regulatory Authority in India. Legislative basis Regulatory agencies are generally a part of the executive branch of the government and have statutory authority to perform their functions with oversight from the legislative branch. Their actions are often open to legal review. ...
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Transport Integration Act
The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renamed as the ''Transport (Compliance and Miscellaneous) Act 1983''. The purpose of the Transport Integration Act is to "...create a new framework for the provision of an integrated and sustainable transport system in Victoria...". The Act broadly seeks to unify all elements of the Victorian transport portfolio to ensure that transport and land use agencies work together towards the common goal of an integrated and sustainable transport system. In essence, the Transport Integration Act sets out the policy framework for transport in Victoria and establishes and sets the charters of the key agencies who make decisions which affect the planning and operation of the State's transport system. One commentator has opined that "(T)he Act is a leadi ...
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Penalty
Penalty or The Penalty may refer to: Sports * Penalty (golf) * Penalty (gridiron football) * Penalty (ice hockey) * Penalty (rugby) * Penalty (rugby union) * Penalty kick (association football) * Penalty shoot-out (association football) * Penalty (sports manufacturer) Entertainment * ''The Penalty'' (1920 film), an American crime film starring Lon Chaney * ''The Penalty'' (1941 film), an American crime film * ''Penalty'' (2019 film), an Indian sports film * ''The Penalty'' (novel), a 2006 sports novel for children by Mal Peet Other uses * Penalty (Mormonism), an oath made during the original Nauvoo Endowment ceremony of the Latter Day Saint movement * Penalty (contract), a type of contractual clause * Penalty Records, a record label * Sentence (law) In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. S ...
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Sanctions (law)
Sanctions, in law and legal definition, are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines. Within the context of civil law, sanctions are usually monetary fines, levied against a party to a lawsuit or their attorney, for violating rules of procedure, or for abusing the judicial process. The most severe sanction in a civil lawsuit is the involuntary dismissal, with prejudice, of a complaining party's cause of action, or of the responding party's answer. This has the effect of deciding the entire action against the sanctioned party without recourse, except to the degree that an appeal or trial ''de novo'' may be allowed because of reversible error. As a noun, the term is usually used in the plural form, even if it only refers to a single event: if a judge fines a party, it ...
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Safety Management Systems
A safety management system (SMS) is designed to manage safety risk in the workplace, occupational safety being defined as the reduction of risk to a level that is as low as is reasonably practicable or ALARP to prevent people getting hurt. Description A SMS provides a systematic way to continuously identify and monitor hazards and control risks while maintaining assurance that these risk controls are effective. SMS can be defined as: ...a businesslike approach to safety. It is a systematic, explicit and comprehensive process for managing safety risks. As with all management systems, a safety management system provides for goal setting, planning, and measuring performance. A safety management system is woven into the fabric of an organization. It becomes part of the culture, the way people do their jobs. There are three imperatives for adopting a safety management system for a business – these are ethical, legal and financial. There is an implied moral obligation placed upon a ...
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Transparency (behavior)
As an ethic that spans science, engineering, business, and the humanities, transparency is operating in such a way that it is easy for others to see what actions are performed. Transparency implies openness, communication, and accountability. Transparency is practiced in companies, organizations, administrations, and communities. For example, in a business relation, fees are clarified at the outset by a transparent agent, so there are no surprises later. This is opposed to keeping this information hidden which is "non-transparent". A practical example of transparency is also when a cashier makes changes after a point of sale; they offer a transaction record of the items purchased (e.g., a receipt) as well as counting out the customer's change. In information security, transparency means keeping the arcane, underlying mechanisms hidden so as not to obstruct intended function—an almost opposite sense. It principally refers to security mechanisms that are intentionally undetectable ...
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Enforcement
Enforcement is the proper execution of the process of ensuring compliance with laws, regulations, rules, standards, and social norms. Governments attempt to effectuate successful implementation of policies by enforcing laws and regulations. Enactment refers to application of a law or regulation, or carrying out of an executive or judicial order. Theories of enforcement Enforcement serves a number of functions; the enforcement of social norms can ensure conformity within insular communities, the enforcements of laws can maximize social benefits and protect the public interest, and enforcement may also serve the self-interest of the institutions that oversee enforcement. Enforcement can be effectuated by both public institutions and private, non-governmental actors. Enforcement is often accomplished through coercive means or by utilizing power disparities to constrain action. Some scholars, such as Kate Andrias, have also argued that institutions enforce rules when deciding "when ...
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