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NTC seeks feedback on chain of responsibility

NTC releases discussion paper on "complex" chain of responsibility legislation and invites submissions by January 30.

 

The National Transport Commission has released a discussion paper on ways to improve chain of responsibility legislation.

The paper invites anyone involved in the transport industry to participate in a process that will culminate in a transport ministers meeting in May next year.

Chain of responsibility provisions in the Heavy Vehicle National Law (HVNL) cover fatigue, speed, mass, dimension and loading.

The HVNL applies in New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.

The discussion paper outlines a number of concerns with the current “complex and difficult to understand” regime.

These include whether it allows for an integrated and proactive approach to road safety rather than just box-ticking in specified areas; clarity and consistency in the law for not only parties in the chain but also enforcement officers; and whether all the necessary parties are actually included in the chain.

The paper outlines a number of options for improving the law, such as including a very broad common-sense “duty of care” and/or further specifying the detailed duties of supply chain parties. 

“We’re looking to industry, road and enforcement agencies and other interested parties to consider the reform options in the paper, and to tell us what they think is the best way forward for COR,” acting NTC CEO Michelle Hendy says.

“From here more work will be done to find the best way forward, including any changes to the national law.  This approach will then be reported to ministers in May 2015.”

One of the more interesting parts of the discussion paper points out that the HVNL operates alongside work health and safety (WHS) law, depending on which state you’re in.

However, the paper points out there is a vast difference in maximum penalties applying under the HVNL compared with model WHS law, for example on fatigue.

“This inconsistency may result in a legislative ‘mixed message’ which could mislead industry parties and courts about the risks associated with non-compliance,” the discussion paper says.

In most cases the maximum penalty under the HVNL for a chain of responsibility breach is only $10,000.

However, under the NSW WHS legislation a “reckless conduct” breach cops a maximum penalty of $300,000 and/or five years in jail if committed by an individual; $600,000 and/or five years jail if committed by an individual as part of a business; and $3 million if committed by a body corporate.

On a wider note, the NTC believes that “additional guidance and education to help parties to comply with their obligations” should be provided regardless of which reform option is eventually adopted by ministers.

Submissions in response to the discussion paper close on January 30, 2015.

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