Chain of responsibility guidelines

New Federal road transport laws referred to as 'chain of responsibility' laws impose duties on each party in the transport chain who are in a position to influence the safety and regulatory compliance of road transport operations. This means that responsibility for complying with the new laws extend to each vehicle manufacturer and importer as well as other parties involved with the packing, loading, consigning and receiving of road freight. 'Contracting out' of responsibility for compliance is prohibited. 

Corporate liability applies where the organisation is a party in the chain of responsibility or an employee of the organisation is a party in the chain of responsibility. Where a corporation has been found guilty of an offence, anyone who is involved in the management of the organisation may also be personally liable for the same offence.

The model Road Transport Reform (Compliance and Enforcement) Bill was approved by the State transport ministers in November 2003 and is being progressively implemented by all States. Implementing an Industry Code of Practice will contribute towards our signatories ability to take advantage of a 'reasonable steps' defence. In order to be able to rely on this defence, it is necessary to be able to demonstrate that a party in the chain has taken 'reasonable steps' to prevent a breach of the new laws from occurring.

Please refer to the list of signatories to the Code.

Good practice Chain of Responsibility Guidelines for Dealerships has also been developed to assist in educating dealers by providing adequate information so that each dealer is able to comply with the new laws by identifying and managing compliance risks.