To ensure all clients and contacts of Elite Compliance Consulting are informed, the ECC team has been actively working with many organisations assisting with them with system reviews and procedural changes. The intent is to maintain a grasp on the CoR provisions that are scheduled to apply to businesses in the near future and transition this throughout their business practices from administration to operational activity.
It is best practice to commence soon by implementing progressively and by maintaining awareness of the future amendments to chain of responsibility provisions in Heavy Vehicle National Law (NHVL). These changes are expected to be effective by mid 2018. By being proactive now will assist businesses to transition seamlessly to the new provisions. National Heavy Vehicle Regulator has released 10 fact sheets and a video to assist comprise the heavy vehicle supply chain within Australia.
These fact sheets provide information regarding the chain of responsibility obligations of consignees, consignors, loaders, packers, schedulers, executives, employers and other parties within the supply chain and it is suggested that these be considered within internally created systems.
The amendments to the HVNL include:
- A new ‘primary duty’ will be imposed on all parties in the chain of responsibility to ensure the safety of their road transport activities as is reasonably practicable.
- It will no longer require a road offence, such as breaches of vehicle mass, or speed and fatigue violations to be committed before a party in the chain is liable under the HVNL. A party may be prosecuted if it does not have practices and procedures in place that ensure the safe operation of its transport activities under the new provisions.
- A new hierarchy of penalties based on the risk and the actual harm or damage caused will replace the current penalty scheme. The most serious category of breach of the primary duty will attract a maximum penalty of $300,000 or five years’ prison (or both) for individuals and $3 million for corporations.
- Under HVNL, an executive is considered to be not just a partner or director but, in the instance of a corporation, applies to ‘a person who is concerned or takes part in the management of the corporation’. A positive obligation will be imposed on all ‘executives’ to exercise due diligence to ensure the business complies with its primary duty. Breaches of the due diligence obligations can result in the executive being jailed.
To support business owners and their staff, managers and drivers, Elite Compliance Consulting can provide face to face training and administration assistance to guide all persons in these new Chain of Responsibility provisions and how best to apply best practice to your business. Importantly, it is critical to ensure that all persons within the business that have control or influence, are trained and aware of their obligations under CoR.
Contact ECC to make an enquiry to book the required or suggested training for your specific needs. ECC staff can create and provide all support and training as required. Additionally, National Heavy Vehicle Regulator has collated fact sheets and a video. These are available here.
