Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_23:p1
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 23 (pt 1/2)
Character Range: 26329–29118

23  What are reasonable steps
 (1) Where a provision of this Act requires a person to take all reasonable steps to do a specified thing or achieve a specified outcome, the person must:
 (a) identify and assess, on a regular basis, the risks to doing that thing or achieving that outcome; and
Examples of ways to identify and assess risks
• consulting drivers, other parties in the chain of responsibility, unions and industry associations about those risks
• reviewing driving or work schedules and work records, including opportunities for rest breaks
• reviewing loading and unloading times and delays at loading and unloading places
• reviewing contractual arrangements and documentation relating to the consignment and delivery of goods
• regular health and safety audits
• regularly assessing driver fitness for duty
• analysing injury and incident reports
 (b) manage those risks.
 (2) Managing a risk means:
 (a) taking reasonable steps to eliminate the risk; or
 (b) if it is not reasonably practicable to eliminate or prevent the risk—taking reasonable steps to reduce the risk, or to minimise the likelihood of the risk eventuating.
Examples of ways to manage risks
• workplace procedures and policies that relate to fatigue and compliance with work/rest hours
• contingency planning in relation to fatigue and work/rest hours
• a program to report and monitor fatigue‑related incidents, risks and hazards
• a program for assessing driver fitness for duty
• training and information for drivers, staff and parties in the chain of responsibility about fatigue and compliance with work/rest hours
• appropriate supervision and management of drivers, staff and parties in the chain of responsibility
• scheduling arrangements that take account of fatigue risks and work/rest hours
• allowing for traffic or other delays in scheduling
• a system for giving drivers sufficient notice of schedule changes
• a system to maintain equipment, work systems and work records
• compliance assurance conditions in relevant commercial arrangements with other parties in the chain of responsibility
• avoiding incentives or demands in commercial arrangements that may cause, permit, encourage or contribute to fatigue or breaches of work/rest hours
• a system for monitoring and remedying problems related to fatigue and work/rest hours
Note: Section 185 of the C & E Act voids any term of a contract or agreement that purports to exclude, limit or modify the operation of that Act. This section also applies to this Act—see section 6 above.
 (3) The court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including:
 (a) the nature of the risk that the person was attempting to, or should