Page 3270 - Week 09 - Tuesday, 18 August 2009
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grounds the matters in clause 200(3) are applicable. This will ensure the warning section is consistent with other parts of the act.
Amendments 4, 6 and 7 give effect to an extension of the defence of the reasonable-steps exception to include if a defendant complies with all relevant standards and procedures under a registered industry code of practice. Amendment 4 provides for a new clause 185A, which describes a compliance with industry code exception. Amendment 6 includes a definition of industry codes of practice, guidelines for codes of practice and the registration of industry codes of practice. Amendment 7 inserts “registered industry code of practice” and refers to the new section 222 inserted under amendment 6.
The compliance with codes of practice defence, which is included in the national model, is a notable absence from the bill before us today. In his presentation speech, the Minister for Transport said the ACT would copy New South Wales in not registering industry codes of practice and including, as a relevant defence, conduct in accordance with the registered code of practice. The amendments I propose today insert provisions into the bill to provide for the authority to issue guidelines for the preparation of relevant industry codes of practice, for the registration of them and for compliance with them to be a defence under the act.
The national package was not developed overnight. The National Road Transport Commission has spent considerable time and resources developing the package in partnership with industry and all other jurisdictions. The chain of responsibility model adopted by this package is designed to ensure that those that are responsible for the mass, load or dimension breach are found liable. The reasonable steps exception is essential in this framework to ensure that those at certain points working in the industry are able to say that they fulfilled their duty appropriately.
One clear way government can give guidance on this is through codes of practice. Codes of practice are a useful way of promoting best practice and ensure that experts and professionals in the industry can drive best practice through industry codes of practice. They are an industry’s way of ensuring the most efficient and effective mode of operation. Codes of practice are also a way for industry to develop processes and procedures that are safer and avoid unexpected or dangerous outcomes in a timely manner.
The heavy vehicle industry is one such industry that operates through codes of practice. The people who work on the ground in the industry know what the risks and challenges are in their industry. Codes of practice both aid and facilitate better compliance within the industry. As part of the reasonable-steps exception, compliance with the code of practice enhances the effectiveness of this legislative suite and is an important part of it. The Australian Trucking Association, the peak body in Australia for our state-based organisations and our biggest trucking companies, does considerable work on codes of practice in the areas of safety and technical issues.
The legislation will not have the desired outcome unless the government works in partnership with the industry. We should not create the liability that this act will impose without a clear indication of what the reasonable steps are to avoid the imposition of an offence. Codes of practice are one such way of ensuring that those
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