Hiding Behind your Spouse will not protect you from Chain of Responsibility Charges

Chain of Responsibility charges can be extended to include people who are associates of an influencing person.

Influencing people or parties are defined under the Chain of Responsibility legislation, in varying forms in each state.  For example in Queensland, it is under the Transport Operations (Road Use Management) Act 1995 (Qld), such people include:

  • Driver
  • Employer of a driver
  • Contractor of a driver
  • Operator of a vehicle
  • Scheduler of goods for transport by a vehicle,
  • Scheduler of the driver
  • Consignor and Consignee of the goods transported by the vehicle
  • Loading manager
  • Loader and/or unloader of goods.

Associates

Under the legislation, associates of  ‘influencing persons’ will also risk being included in the ‘chain of responsibility’ liability.  Associates of the “influencing person” may include a partner, relative, spouse  or employee who acts in accordance with the directions, instructions or wishes given by the influencing person.

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Mike Wood

Mike is qualified in both Civil and Mechanical Engineering, with Post Graduate qualifications in Logistics and Business Administration and is a qualified RABQSA/Exemplar auditor. The initial phase of his career involved public roads and transportation authorities in technical and management roles with both VicRoads and the Victorian Ministry of Transport and designed Melbourne’s time public transport system Mike then moved into private industry and over several years, held General Manager positions with major logistics service providers with turnovers in excess of $500 million. As his expertise and knowledge grew he moved into consulting and became Principal Consultant with Dawson Consulting, one of the largest Supply Chain and Logistics consulting companies in Australia Mike is now Managing Director of LATUS Business Solutions, which is a highly regarded Business Improvement practice, operating in 3 major area; • Supply Chain & Logistics design; • Compliance implementation & management; • Risk analysis& Safety management • Leading training provider (RTO) in the area of Lean Logistics & Business He has been a Director of transport and logistics industry associations in Queensland and Victoria.

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