Document ID: chunk:federal_register_of_legislation:F2016C00697:schedule:1:p6
Version: federal_register_of_legislation:F2016C00697
Segment Type: schedule
Provision Reference: sch 1 (pt 6/19)
Character Range: 15452–18092

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 fatigue or breaches of work/rest hours
 a system for monitoring and remedying problems related to fatigue and work/rest hours
Note 2: 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.
 (2) Without limiting the ways in which a person may take all reasonable steps to prevent the occurrence of an offence for the purposes of the reasonable steps defence, a person is to be regarded as having taken those steps if she or he:
 (a) identifies and assesses –
 (i) the risks that the offence might occur; and
 (iii) if there is a substantial risk that the offence might occur, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk; and
 (b) repeats that identification and assessment –
 (i) if anything occurs that might significantly increase the risk of the offence occurring; and
 (ii) in any event, at least annually; and
 (c) does the things identified under paragraph (a)(ii) as being things that she or he can reasonably do; and
 (d) documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.
 (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 aspect or risk that the person was attempting to, or should have been attempting to, address; and
 (b) the likelihood of a risk eventuating; and
 (c) the degree of harm that would result if a risk did eventuate; and
 (d) the circumstances of the offence (e.g. the risk category that the relevant offence belongs to); and
 (e) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or