Rail Safety National Law Pressures & the SFAIRP Approach

In this episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis answer a listener’s question on the Pressures of Rail Safety National Law and the SFAIRP Approach.

They explain how WHS/OHS legislation takes precedence over the Rail Safety National Law, clarify the "no double jeopardy" principle, and discuss how Australia's federal system led to harmonised rail safety legislation.

Their discussion also covers:

• The SFAIRP (So Far As Is Reasonably Practicable) approach and what it means for operators
• How regulators assess safety cases as a "license-to-trade" rather than sign-off approval
• Why documenting decisions—especially what you've chosen not to do—is crucial
• The importance of living documents and regularly revisiting safety governance
• Aligning legal, design, and commercial pressures through proper due diligence

They finish by stating that while the regulatory landscape is complex, the due diligence process itself is straightforward: maintain robust governance, engage the right stakeholders, document your reasoning, and keep processes current as circumstances change.

If you’d like to meet Richard & Gaye live, tickets are available (in Melbourne & online) for their Live Forum on 21 October 2025 “Preventing Criminal Manslaughter – Understanding & Implementing SFAIRP” can be found via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of Australian women’s safety workwear company Apto PPE https://www.aptoppe.com.au.