Last week Latus assisted a company in WA reduce its prospective court fines from $500,000 to under $50,000. Latus was called into assist once the breaches had occured, breaches that will all in the future fall under the WA Compliance and Enforcement (Chain of Responsibility) laws.
Although the WA Compliance and Enforcement (Chain of Responsibility) laws are yet to come into force, the nature and size of the fines could be considered a market signal as to WA’s intent to stringently enforce C&E.
NSW has already laid over 4500 Chain of Resposnibility Charges
The NSW Roads and Maritime services have published the statistics on Chain of Responsiblity Breaches since 2005, and it makes sobering reading.
- 45 Company Directors and 4 Employers have been charged with over 561 offences.
- 9 Customers (receivers of the freight) have been charged with 514 offences.
- Operators don’t escape either – 8 loaders, 2 Schedulers and 18 employees – facing a total of 70 charges.
- This is in addition to 231 Operators and 60 Consignors.
NSW applies sanctions in addition to substanial fines, such as:
An RMS issued sanction that requires a responsible person to remedy a contravention or likely contravention of an applicable road law.
Commercial Benefits Order
A court imposed order that requires a person found guilty of an applicable road law offence to pay a fine which can not exceed three times the gross commercial benefit that a person did or could have obtained by committing an offence against road transport law.
A court imposed order that prohibits a person found guilty of an applicable road offence in having any specified roles associated with road transport.
Read the full report here.
Latus specialises in Chain of Responsiblity and Compliance & Enforcement advice, education and solutions. Our Compliance Management Solution for CoR and C&E is already being implemented in over a 100 companies nationwide.
Contact us via email, telephone 1300 00 8386 or chat on-line now.