Public Comments are being sort on the on a range of options aimed at amending the National Model Legislation for “Chain of Responsibility“.
Key Areas being Considered Are:
Changing the Onus of Proof for Extended Liability
Option 1: Change the reasonable steps defence for extended liability offences so that onus of proof rests with the prosecution.
Penalties for Chain of Responsibility Offences
Proposal 1: Reduce penalties for extended liability offences compared to the substantive driver offences
What Are Affirmative Statutory Duties under Chain of Responsibility?
Another concept being proposed is to consider Affirmative Statutory duties as part of the legislation.
Affirmative Statutory duties are generally taken to mean a legislative obligation by the Owners, Directors or Executives (officers of the company). The intent of such obligations would be the ensure that they or their business do not undertake actions either directly or by ommission that are likely to cause harm to others. This may require them to ensure that:
- records/ documentation are kept;
- personal interests disclosed (interesting one where people hold known or unknown interests/ or derive personal benefits from others in the chain); and
- ensure that due diligence is shown in the conduct of the business by its officers and staff.
How to Make a Public Comment
Public comment ie submissions are be made by 14 March 2014. To read the options proposed and how to make a submission go to NTC website (click here)
