Do I need to ensure my business has a documented COR system in place?
Article courtesy of QTA Member
Cooper Grace Ward (CGW)
The Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 has now been introduced in the Queensland Parliament. The proposed changes will significantly alter the current regime and impose a ‘primary duty’ on all parties in the chain of responsibility to ensure, so far as is reasonably practicable, the safety of road transport activities. This will mean that enforcement agencies can bring proceedings against parties in the chain without some harm or incident having to first occur. The proposed changes will also impose significant maximum penalties that give teeth to the primary duty and align with other national safety laws.
Chain of responsibility reforms have passed the next hurdle,
with a Queensland Parliamentary committee recommending
this week that the reforms be passed.
The committee tabled its report on Tuesday 1 November 2016. The reforms were championed by the ATA and include:
a primary safety duty that will apply to all parties in the chain of responsibility, including consignors and consignees
the extension of chain of responsibility to truck maintenance and repairs
a dramatic reduction in red tape
higher maximum penalties
a new due diligence obligation on company directors and executives, but with a requirement that the prosecution prove its case.
The committee recommended that transport ministers ask the NTC to review the applicability of the chain of responsibility laws to livestock transport. “The committee noted that the definition of packer is an issue of significant concern for the ATA and ALRTA in the interests of improving road safety, biosecurity, public amenity and animal welfare outcomes,” the report said. The Queensland Parliament has two weeks of sittings left before it rises for the year on 1 December.