Tier 1 prosecutions under the incoming HVNL amendments

One of the most significant changes coming for the heavy vehicle industry this year is the introduction of category 1 – 3 offences and penalties which mirror existing offences under the (almost) national Work Health and Safety (WHS) regime.

In this article we take a look at how the WHS penalty regime has been implemented for some insight into how the new penalties are likely to operate in the heavy vehicle space.

Similar to the new Heavy Vehicle National Law (HVNL) 'primary duties', under WHS law a person conducting a business must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the business. If this primary duty is breached by the person recklessly and without reasonable excuse engaging in conduct which exposes an individual to a risk of death or serious injury or illness, the person may be convicted of a category 1 offence. The prosecution must prove the offence beyond a