The chain of responsibility is a policy concept used in Australian transportlegislation to place legal obligations on parties in the transportsupply chain or across transport industries generally. The concept was initially developed to apply in the heavy vehicle industry in regulated areas such as speeding, fatigue and mass, loading and dimension. It has since spread to other transport sectors, particularly in Victoria where it has been applied in laws which apply to the rail, bus, marine and taxi industries.
Background
The chain of responsibility concept initially developed out of a recognition that unlawful behaviour by truck drivers is influenced and often controlled by the actions of other parties. Concerns arose that transport laws had often focussed on the actions of drivers while failing to sufficiently recognise and regulate the actions of other key parties. Chain of responsibility laws therefore seek to provide that these other parties cannot encourage, create incentives for, demand or allow drivers to undertake unlawful actions.
In recent years, the chain of responsibility concept has been widely used as a basis for the reform of transport laws in the State of Victoria. A major review of policy and legislation in that State, the Transport Legislation Review, has led to the concept being adapted for use in a number of new statutes including the Rail Safety Act 2006, the Bus Safety Act 2009 and the Marine Safety Act 2010.
faced the problem of ageing and inadequate transport legislation which failed to reflect modern policy. During his second reading speech for a new rail safety statute in Victoria, the then Minister for Transport explained that - As a result, the Minister explained that - The Rail Safety Act which emerged from that process therefore imposes a chain of responsibility across all key parties in the rail industry in Victoria who can influence safety outcomes. Accountability at law and sanctions and penalties are allocated according to the level of responsibility each party has for creating and managing safety risks. Similar approaches were taken by the Transport Legislation Review in its work which led to new statutes in Victoria in the bus, marine and taxi industries.
National impact
The Victorian work has had influence beyond that State. Following the enactment of the Victorian Rail Safety Act in early 2006, Australian Transport Ministers approved a national Model Rail Safety Bill in June 2006 which drew heavily on the Victorian work including its adaption of the chain of responsibility concept. The national Bill proposal has since been adopted by all other States and Territories which have passed Rail Safety Acts reflecting the framework.
