Ministers back CoR changes

The National Transport Commission says it has received in-principle support from transport ministers for proposed revisions to the existing Chain of Responsibility (CoR) legislation in the Heavy Vehicle National Law.

The NTC is proposing to develop 'primary duties' focused on safety in the legislation, which it says will align better with existing Workplace Health & Safety (WHS) legislation and while allowing operators to determine the best approach for their individual business.

The NTC says the proposed changes will also "provide an opportunity to consolidate or remove more prescriptive obligations in the law".

The body says the proposed changes won't extend the scope of duties as currently outlined by CoR legislation; rather it will amend the existing regulatory framework to ensure a performance-based approach.

According to the NTC the proposed changes will include "a primary duty on operators, prime contractors and employers to ensure the safety of their operations, as well as establishing detailed role-specific duties, as appropriate, for other parties in the chain."

The NTC will release a discussion paper on the proposed revisions in July. The paper will allow stakeholders to comment on the changes – including how these primary duties are structured and how they may apply to executive officers of corporations – before draft legislation is then put before ministers in May 2016.

Meanwhile, work is continuing for the NTC and for the National Heavy Vehicle Regulator (NHVR) on the Heavy Vehicle Roadworthiness program.

The NTC says it has received 29 submissions in relation to the regulatory impact statement it released last January, with final recommendations – including the proposed extension of CoR responsibility obligations for employers, operators and prime contractors of heavy vehicle fleets – to be considered by ministers in the second half of 2015.

The CEO of the NTC, Paul Retter, said revisions to the existing framework are needed to further enhance road safety.

"Australia's existing Chain of Responsibility laws have helped to prevent crashes on our roads," he said, in a media statement.

"These laws need to be improved to help ensure more people complete their journeys safely and our challenge is to make sure they deliver the best safety outcomes possible.

"This in-principle support of changes to Chain of Responsibility duties now allows us to develop recommendations over the next few months that will make sure the appropriate people in the supply chain have every incentive to do what they can to keep Australia's roads safe."