The effectiveness of the Chain of Responsibility (COR) regime under the Heavy Vehicle National Law is discussed in an issues paper available for public consultation.
Under the COR regime, specified parties in the supply chain, including executive officers of corporations, are accountable for certain behaviour that influences on-road compliance with the law.
The paper is part of a review of the COR provisions initiated by the Standing Council on Transport and Infrastructure (SCOTI). The ministers on SCOTI have appointed a taskforce to undertake the review, consisting of industry and government representatives (listed below).
"This review will examine the COR provisions in the Heavy Vehicle National Law to ensure that they can be fairly and effectively enforced by the National Heavy Vehicle Regulator," said Robin Stewart-Crompton, chairperson of the COR Taskforce.
"The issues paper is intended to facilitate submissions to the review from a wide range of interested people. This will help us to make our recommendations to Ministers by early 2014.
"The paper does not, however, reflect our final views on the COR regime or indicate any possible conclusions that we may reach after we have considered the submissions and completed our examination of the relevant law and practice," said Mr Stewart-Crompton.
During the development of the Heavy Vehicle National Law, the COR regime was identified as requiring further review. In November 2012, SCOTI decided to establish the review to examine the COR provisions. The aim is to ensure that they are fair, effective and appropriately targeted, as well as consistent with relevant principles agreed by the Council of Australian Governments and with provisions of work health and safety legislation.
"The chain of responsibility regime is an important part of the law. We strongly encourage everyone who has an interest in fair and effective regulation of the heavy vehicle sector to consider the issues paper and provide comment. Anyone who makes a submission may address any relevant matters and should not feel restricted to what we have identified in the issues paper," said Mr Stewart-Crompton.
"We will undertake various other consultative activities, including workshops for an industry advisory group to provide us with advice at key points in our review. The South Australian Road Transport Association and NatRoads will jointly convene the group."
The review's recommendations will be presented to SCOTI in conjunction with the outcomes of the NTC's review of the national penalties framework in the Heavy Vehicle National Law.
The NTC and the National Heavy Vehicle Regulator are providing the taskforce secretariat. The views contained within the issues paper therefore reflect the views of the taskforce.
Download the full Chain of Responsibility in the Heavy Vehicle National Law: Issues Paper. Download the executive summary only. Make a submission through the NTC website.
Submissions can also be sent to:
Chain of Responsibility Taskforce – Issues Paper c/o National Transport Commission Level 15/628 Bourke St, Melbourne VIC 3000
Submissions to the issues paper close on 16 August 2013.
