Search
Close this search box.
(07) 3231 2444
Search
Close this search box.
30 July 2018

NHVR seeks feedback on draft Master Industry Code of Practice

The National Heavy Vehicle Regulator has commenced public consultation on a draft Master Industry Code of Practice developed by Trucking and Supply Chains Limited, a jointly owned company of the Australian Logistics Council and Australian Trucking Association. Once approved and registered, the Code will set industry standards to assist parties in the chain of responsibility to discharge their obligations under the Heavy Vehicle National Law.

The National Heavy Vehicle Regulator has commenced public consultation on a draft Master Industry Code of Practice developed by Trucking and Supply Chains Limited, a jointly owned company of the Australian Logistics Council and Australian Trucking Association. Once approved and registered, the Code will set industry standards to assist parties in the chain of responsibility to discharge their obligations under the Heavy Vehicle National Law.

Will I be protected if I comply with the Code?

The new provisions of the Heavy Vehicle National Law (commencing on 1 October 2018) set out how a person’s compliance with a registered industry code of practice can be used by them in proceedings for an offence under the legislation.

The new section 632A is based on section 275 of the Model WHS Act and provides that:

(2) A registered industry code of practice is admissible as evidence of whether or not a duty or obligation under this Law has been complied with.

(3) The court may—

(a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment, or risk control, to which the code relates; and

(b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

This makes it clear that, while a court may have regard to the Code (once it is registered), it is not obliged to consider the Code or to rely on the Code when determining what is reasonably practicable.

Feedback on the draft Code

Feedback on the draft Code is open until 31 July 2018. The draft Code and feedback form is available here: http://www.nhvr.gov.au/safety-accreditation-compliance/industry-codes-of-practice/master-industry-code-of-practice

Like this article? Share it via:

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know.

Stay up to date with CGW

Subscribe to our interest lists to receive legal alerts, articles, event invitations and offers.

Key contacts

Areas of expertise

Read next