The release of a National Transport Commission discussion paper detailing the proposed requirements of participants in the supply chain signals progress in chain of responsibility law reform.
Experts say we’re a step closer to Chain of responsibility law reform for Australia’s transport industry with the release of the discussion paper.
We should keep in mind that Australia’s federal, state and territory transport ministers already gave their support for the reforms in principle, favouring a more outcomes-based approach, which would focus on primary duties of participants in the supply chain.
Another step given the green light from ministers was the decision to better align chain of responsibility requirements with Australian workplace health and safety laws, doing away with duplication and inconsistencies for the industry.
On its website, the NTC quoted Chief Executive Paul Retter, who supported the proposed reforms. Mr Retter said the reforms would allow operators to decide what the best approach for their company is,
“This reform will provide an opportunity to consolidate or remove more prescriptive obligations in the law, helping industry remain compliant while potentially reducing costs,” Mr Retter said.
“In May, Ministers acknowledged the reforms were an opportunity to better clarify roles and obligations of all chain of responsibility parties, and executive officers.
Mr Retter explained that this discussion paper provided an opportunity for stakeholders to have their say on draft proposals that will be considered by ministers later this year.
Mr Retter also explained that consultation has been taking place for the past 3 years between the industry, government and regulators.
• 2012 – A taskforce was established
• 2013 – Options paper is released
• 2014 – A high-level discussion paper was released which gets the support of ministers in principle
Entitled “Primary Duties for Chain of Responsibility Parties and Executive Officer Liability”, the Discussion Paper provides draft proposals and also canvasses options for:
• how a primary duty on operators, prime contractors and employers could be structured to ensure the safety of their transport operations;
• how role specific duties of other parties could be structured;
• the standard of care to be applied;
• the relationship of primary duties to existing chain of responsibility offences;
• penalties; and
• how the reforms could be applied to executive officers of corporations.
A post on PrimeMoverMag.com.au states that the NTC has invited submissions from stakeholders on the draft proposals outlined in the discussion paper.
Submissions close at 4pm Friday 7 August 2015.
Later this year ministers will be meeting and stakeholder feedback will be taken into consideration,
Feedback from stakeholder submissions will inform a policy position paper to be considered by ministers in November this year.
Read more at: http://www.primemovermag.com.au
Learn more about Chain of Responsibility legislation.