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ARTICLE · 21 DECEMBER 2015

Chain of responsibility(CoR) compliance reporting for executive officers (EOs)

Holding Redlich
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EOs have a duty to ensure that their business does not breach the HVNL and must be informed about the CoR performance.

AustraliaTransport
Nathan Cecil
Nathan Cecil
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Executive officers (EOs) have a duty to ensure that their business does not breach the Heavy Vehicle National Law (HVNL) – and being informed about the business's Chain of Responsibility (CoR) performance is a crucial part of this. This article explores the duties of EOs and looks at how effective board and management reporting can ensure these duties are met.

Executive officers are directors and "any person, by whatever name called and whether or not that person is a director, who is concerned or takes part in the management of a corporation". This may include those who exercise the functions of a manager, even if they do not hold that title.

Executive officers may be held personally liable if their business breaches the HVNL. Directors are the third highest prosecuted category of CoR party in NSW, with 698 prosecutions of directors (and counting) being commenced in NSW since 2006.

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