What role can you play?
As an insurance professional, your clients look to you as a risk expert for their business. That's why NTI is equipping you with information, tools and templates, and an industry-first health check tool, to provide valuable CoR direction to your clients.
For insurance professionals who specialise in transport, the Chain of Responsibility changes are a major issue for the industry.
In addition, clients outside of the transport industry may be affected by the law changes due to their roles as consignees and consignors with the chain.
Check out the FAQs below to ensure you're equipped to discuss becoming CoR-ready with your clients:
The Heavy Vehicle National Law (HVNL) was introduced in 2014.
The law is designed to protect the rights and safety of those involved in a supply chain.
On 1st October 2018 changes to the Chain of Responsibility (CoR) legislation were introduced in all states and territories of Australia, excluding Western Australia and the Northern Territory.
The aim of CoR is to make sure everyone in the supply chain shares responsibility for ensuring breaches of the Heavy Vehicle National Law do not occur. Under CoR laws if you are a party in the chain of responsibility and you control or influence any transport task (or have the capacity to do so), you have a responsibility to ensure the Heavy Vehicle National Law is complied with.
CoR legislation encompasses the key areas of fatigue, speed, load/mass dimensions, vehicle standards and maintenance.
The updates that took effect on 1st of October 2018 became more risk-based, and place the responsibility on individuals making decisions within the chain, including company executives.
Significantly increased penalties for those individuals or businesses found to be in breach apply, as well as authority for “spot checks” on businesses to be conducted to ensure compliance.
Whether your customers are involved with transport operations, marine or mobile plant, it is likely they were impacted by the legislation changes and need to understand their role in the chain.
If they operate in states other than WA and NT, even if they are based there, then they are subject to the law as it is enforced in that particular state. This means they must have processes in place to manage risk so far as reasonably practicable or they will be exposed to the risk of prosecution.
If your client only operates within WA and NT, there are some provisions in place under West Australian Transport Law and under WH&S law in both jurisdictions.
No. Your activities as an insurance broker means that you do not fall into the scope that the CoR legislation covers.
However, our research shows that as a trusted adviser, your clients look to you for expertise in these matters.
Yes. If your client is involved in the transport industry supply chain, whether or not they drive a truck, they have obligations under CoR legislation.
No. The CoR Health Check and the risk tools provided by NTI are there to help the industry improve their overall safety and compliance. This is completely independent of our insurance activities and all transport businesses, regardless of insurer, are encouraged to understand their obligations under Chain of Responsibility.
NTI, as Australia’s leading specialist insurer, is passionate about driving safety on our roads – our work with NTARC and the Accident Investigation Report is testament to this.
The transport and logistics industry is fragmented, with some businesses able to access information where others are not. While most solutions focus on fleets, who generally have higher awareness levels and dedicated staff to manage compliance and legislative issues, we recognise that many owner-operators and SME’s often lack the resources, time or capability to truly understand and manage risk, let alone complex legislation they are expected to keep up with as part of running their business.
Whether our customers are involved with transport operations, marine or mobile plant, it is likely they were impacted by the legislation changes and could be unaware.
As Australia’s leading specialist insurer, NTI has worked with industry experts to develop a CoR Health Check, as well as a range of risk tools and templates to help businesses of all sizes understand their compliance obligations, support safer drivers, safer vehicles and stronger businesses.
The work being done in this space is independent of the insurance side of the business and recognises the importance of reporting better safety data to drive better outcomes.
Our research indicates that SMEs need simple messages and tools that build awareness, educate and give practical tips for managing their business and the CoR Health Check helps deliver that.
It’s important to note that the assessment tool is a guide only and does not replace the relevant legal advice. It does not tell a business owner whether they are compliant or not, rather, gives important insights into safety and risk and how their business fares.
The CoR tool has been developed with input from a wide range of industry experts and leaders.
We have involved legal experts such as Gillian Bristow from Cooper Grace Ward, specialist knowledge from the National Heavy Vehicle Regulator (NHVR) and transport industry associations.
Our customer research tells us that clients look to their insurer as a risk expert for their business.
We are equipping our partners with the information they need, and an industry-first health check tool, to provide this expertise to their client.
Transport specialist intermediaries should be across this, as it is a major change for the industry.
Looking beyond the transport industry, in their role as consignees and consignors, almost all businesses will find themselves as part of the chain in some way.
These changes are a legal requirement, and we know that many customers either are not informed, or do not understand what this means for their business.
Individuals can now be prosecuted, and spot checks can occur. Penalties for individuals have increased significantly and the scope of the laws has broadened to include a wider range of businesses and individuals/roles within the business.
At its core, the updated legislation is not difficult or scary; it is about taking reasonable steps to document and report safety issues for themselves and others in the chain.
Our CoR Health Check allows businesses to benchmark themselves against others, as well access tools and templates to help with compliance.
You can assist your transport industry clients by encouraging them to undertake the CoR Health Check which you can find here.
The data collected from customers who use the CoR Health Check tool is housed in a secure online environment.
Data collection will allow NTI to better understand our customers and the industry in which they operate, whilst also allowing us to undertake benchmarking.
Data is also collected so we can roll out more tools like this to our customers down the track that are relevant to them and their business.
Please contact your NTI State Development Specialist if you have questions or need further support with the CoR Health Check tool.