Update: Transport Safety Victoria’s prosecution of Metro Trains Melbourne Pty Ltd (Metro)

7 August 2018

Following a fatality at Heyington railway station on 22 February 2014, Transport Safety Victoria (TSV) charged Metro Trains Melbourne P/L (Metro) with breaches of the Rail Safety Act 2006 (Vic).

The charges alleged that Metro had breached its rail safety duties by failing to ensure the safety of its:

  • rail infrastructure operations (in relation to the gap between the platform and the train), and
  • rolling stock operations (in relation to the door interlocking devices installed).

On 31 July 2018, the Magistrates’ Court dismissed these charges on the grounds that the transport safety officer was not authorised to commence the proceedings in question.

TSV is obviously very disappointed by the court’s decision.

TSV exists to hold operators to their responsibility for the highest safety outcomes that are reasonably practicable and will continue to do so as our highest priority.

We are currently reviewing the decision and considering our options for further action.

Bad press

You may have recently seen an article in the Herald Sun, which erroneously stated that this is the second time TSV has failed to prosecute the case.

While TSV had laid two charges against Metro on this occasion, we have not previously taken prosecutorial action in relation to the train driver.

In fact, the train driver involved in the incident was charged by the Director of Public Prosecutions with offences under the Crimes Act 1958. Those charges were ultimately dismissed at Committal in January 2016.

We sought a correction and retraction from the Herald Sun. They have made a correction to the online version of the article, but have chosen to not comply with our request for a print retraction.