RailCorp Transit Officer

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A Transit Officer is the primary security and law enforcement officer for RailCorp train services in New South Wales, Australia. Transit Officers conduct uniformed and plainclothes patrols on CityRail and CountryLink train services and are assigned to ensure the safety and security of passengers, staff and rail property.[1]

The position was created in 2002 after a report found that rail security required more authority than possessed by the Chubb Security officers contracted by RailCorp.[2][3] RailCorp figures show that to date over 600 Transit Officers have been engaged.[2]

Contents

[edit] Status and powers

[edit] Legal standing

The Rail Safety (General) Regulation 2003 provides for RailCorp employees acting in the position of Transit Officer to be appointed as an authorised officer for the purposes of the Rail Safety Act 2002.[4] The Act and Regulations establish various railway offences and the powers of an authorised officer in relation to those offences.

A Transit Officer may also be appointed as a special constable under the Police (Special Provisions) Act 1901, which would give the Transit Officer the same legal powers as a constable of the New South Wales Police Force.[5] A requirement of employment as a Transit Officer is eligibility to be appointed as a special constable.[1]

[edit] Powers under the Rail Safety Act and Regulations

By virtue of the Rail Safety Act 2002 and the Rail Safety (General) Regulation 2003, Transit Officers are empowered to:

Unless appointed as a special constable, Transit Officers have no legal basis to demand[6][7][8][9] Under current laws, Transit Officers not appointed as special constables have no legal basis for detaining a person who refuses to provide more information than their full name and residential address. Officers making arrests, or detaining persons on these grounds leave themselves open to criminal and civil legal action including (but not limited to) false arrest and assault. Furthermore Cityrail has a history of distancing itself from Transit Officers who act beyond their scope.

Due to RailCorp policy, Transit Officers have no discretion as to whether or not to issue an infringement notice when they witness an offence being committed.[10]

[edit] Power of arrest

Transit Officers, unless they have been appointed as a special constable, are not granted any specific power of arrest by legislation.[10] The power of arrest as exercised by Transit Officers is referred to as a citizen's arrest and is granted to all persons in New South Wales by section 100 of the Law Enforcement (Powers and Responsibilities) Act 2002.[10][11]

By virtue of section 231 of the Law Enforcement (Powers and Responsibilities) Act 2002, a person making an arrest under section 100 may use reasonable force to make the arrest or to prevent the escape of the person after arrest.[11] Upon making an arrest, the Transit Officer will make arrangements to transfer the person into police custody.

[edit] Uniform and equipment

[edit] Uniform

Transit Officers wear a distinctive dark grey and black uniform with State Rail Authority patches and yellow rank insignia on their shoulders. RailCorp is currently reviewing the uniform worn by Transit Officers with focus group feedback deeming the current uniforms "too threatening" and "SWAT-like".[12] A weeklong trial of blue uniforms took place from the 20 February 2008, with RailCorp conducting a survey of passengers to gauge the public response to the changes. RailCorp has now confirmed via email to all Transit Officers that the Blue Uniforms have been ordered and will be distributed to staff within 6 months.[13]

[edit] Equipment

Transit Officers carry batons and handcuffs while on duty.[3]

[edit] Rank insignia

Transit Officers have a rank structure, insignia of which is worn on their epaulettes.[14] Ranks set out below ascend in seniority from left to right.

Transit Officer Transit Officer
(1 Year)		 Senior
Transit Officer		 Senior
Transit Officer
(1 Year)		 Transit
Team Leader		 Operations
Inspector		 Regional
Operations
Manager

[edit] Training

 This section does not cite any references or sources. (March 2008)
Please help improve this section by adding citations to reliable sources. Unverifiable material may be challenged and removed.

Transit Officers undergo a six month training programme targeting rail law and security focussed customer service, they receive training covering the Rail Safety Act, the Crimes Act, the Evidence Act, the Young Offenders Act, investigation and crime scene protection. During these six months Transit Officers gain experience in oral de-escalation techniques, self-defence, rail safety, communications, documenting, briefs of evidence and various other areas.

[edit] References

  1. ^ a b Careers in Service Delivery. RailCorp. Retrieved on 2008-03-04.
  2. ^ a b RailCorp Annual Report 2006-2007. RailCorp (2007-10-31). Retrieved on 2008-03-04.
  3. ^ a b Now all rail guards to carry batons. The Sydney Morning Herald (2004-02-16). Retrieved on 2008-03-04.
  4. ^ Rail Safety (General) Regulation 2003. New South Wales Parliamentary Counsel's Office. Retrieved on 2008-01-01.
  5. ^ Police (Special Provisions) Act 1901. New South Wales Parliamentary Counsel's Office. Retrieved on 2008-01-01.
  6. ^ ABC News 04-May-2008
  7. ^ Sydney Morning Herald 04-May-2008
  8. ^ Sydney Morning Herald 03-May-2008
  9. ^ RAIL SAFETY ACT 2002 - SECT 96 - A request does not mean a person is legally obliged to provide proof of name and address details provided, it is however an offense to provide incorrect details to a Transit Officer.
  10. ^ a b c Youth Justice: your guide to cops and court in New South Wales. Youth Education Project, Macquarie Legal Centre. Retrieved on 2008-01-01.
  11. ^ a b Law Enforcement (Powers and Responsibilities) Act 2002. New South Wales Parliamentary Counsel's Office. Retrieved on 2008-01-01.
  12. ^ Transit News No. 6. Rail Tram and Bus Union. Retrieved on 2008-03-02.
  13. ^ Transit News No. 7. Rail Tram and Bus Union. Retrieved on 2008-03-31.
  14. ^ RailCorp Transit Officer. Retrieved on 2008-03-04.

[edit] External Links