Operator’s Report. Without limiting clause 11.3, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator will promptly prepare and submit to ARTC a written report which will include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain):
(a) the time and location of the Incident;
(b) available details of all loss or damage to the Train operated by the Operator and to the Network and Associated Facilities;
(c) the factors which may have contributed to the cause of the loss or damage to the Train operated by the Operator and to the Network and Associated Facilities (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary));
Operator’s Report. Without limiting clause 11.3, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator will promptly prepare and submit to ARTC a written report which will include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain):
(a) the time and location of the Incident;
(b) available details of all loss or damage to the Train operated by the Operator and to the Network and Associated Facilities;
(c) the factors which may have contributed to the cause of the loss or damage to the Train operated by the Operator and to the Network and Associated Facilities (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary));
(d) names of the Operator’s staff including volunteers in any way involved in the Incident either as principals or as witnesses;
(e) an analysis in printed format of speed recorder charts for the Train operated by the Operator;
(f) such other information which is required to be disclosed in a report to the Administering Authority under the relevant Rail Safety Act;
(g) such other information which is required to be disclosed in a report under the Dangerous Goods Code.
Operator’s Report. Without limiting clause 11.4, if an Incident occurs which involves the Operator and in relation to which ARTC has given written notice to the Operator that a report is required, the Operator must promptly prepare and submit to ARTC a written report which must include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain):
a) the time and location of the Incident;
b) available details of all loss or damage to the Operator’s Train and to the Network;
c) the factors which may have contributed to the cause of the loss or damage to the Operator’s Train and to the Network (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes (notwithstanding the terms of any insurance policy to the contrary));
d) names of the Operator’s staff including volunteers in any way involved in the Incident either as principals or as witnesses;
e) an analysis in printed format of speed recorder charts for the Operator’s Train;
f) such other information which is required to be disclosed in a report to the Administering Authority under the relevant Rail Safety Act;
g) such other information which is required to be disclosed in a report under the Dangerous Goods Code. Note: Again this must be drawn in such a way that does not jeopardise legal professional privilege or incriminate.
Operator’s Report. Without limiting clause 10.3, if an Incident occurs which involves the Operator and in relation to which Aurizon has given written notice to the Operator that a report is required pursuant to the plans referred to in clauses 10.1(a) or 10.1(b) or the Rail Safety Act, then the Operator must promptly prepare and submit to Aurizon a written report that must include the following (to the extent relevant to the Incident and reasonably possible for the Operator to ascertain):
(a) the time and location of the Incident;
(b) available details of all Loss to the Operator’s Train, to any Yard Facility, any Approved Additional Infrastructure or the Mainline and any other Loss suffered or incurred as a result of the Incident;
(c) the Operator’s view on what may have contributed to the cause of the Loss to the Operator’s Train, any Yard Facility, any Approved Additional Infrastructure or the Mainline (the parties acknowledging that such statement will not be binding on the Operator and will not be taken to be an admission by the Operator for any purpose, including insurance and indemnification purposes) and any expert opinions obtained in respect of the Incident;
(d) names of, and statements from, the Operator’s staff (including agents, contractors and volunteers) in any way involved in the Incident either as principals or witnesses;
(e) an electronic download from the train data recorder for the Operator’s Train;
(f) such other information which is required to be disclosed in a report to the administering authority under the Rail Safety Act;
(g) any other information required to be disclosed in a report under the Dangerous Goods Code; and
(h) such other information as Aurizon requests (acting reasonably).
