We have seen many examples of Policies and Procedures over the years. Ranging enormously in terms of quality and content. For example: Company “A”, completed a Gap Analysis of their Chain of Responsibility and were told they had 140 fail points within their system, they were duly horrified. The Board decided to get expert […]
A Court of Appeals recently upheld that it is up to the Defendant NOT the Prosecution to prove that they took Reasonable Steps. More importantly it is up the Defendant to prove what the Reasonable Steps required were, NOT the Prosecution. This has a number of implications which will be discussed over forthcoming articles. “…that […]
Who is more likely to lose a load on a public road, a truckie or tradie?
A Tradie uses public roads for a commercial benefit, ie to get to a work site with their materials and tools. A truckie uses a public road to deliver goods to a site.
Mike Wood recently presented to the Institute of Public Works Engineering Australia (IPWEA) conference on the Chain of Responsibility Risks to Councils and what to do about protecting themselves. A question and answer session arising from the presentation has been published on the IPWEA website – click here to read more To find out how […]
This is why Western Australia got it right! They recognised the limitations of the national Chain of Responsibility laws and removed the 4.5 tonne GVM application limit.
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 […]