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  • 09-Oct-2018 12:54 | Tracy Dawson (Administrator)

    Over 480 business leaders and distinguished guests from across Western Sydney gathered at The William Inglis Hotel, Warwick Farm, in September for the sold out State of the Region Address 2018.

    Weeknight Presenter Juanita Phillips from ABC News NSW emceed the event and facilitated an insightful Audience Q&A with the Premier.

    For WSBC General Manager, Amanda Brisot, the key theme that shone through on the day was ‘people centric planning’.

    “Talk of infrastructure is still robust and businesses in the region have many exciting projects underway. But the focus on people and communities in Western Sydney dominated - they are our greatest asset and will ultimately drive the success of these initiatives.”

    A new super campus for Western Sydney

    It was an honour to welcome back the Premier of New South Wales, The Hon Gladys Berejiklian MP for her 2nd State of the Region Address. She shared her government’s future plans for Western Sydney, including a super university campus at Badgerys Creek. The Premier explained that this campus will focus on STEM - planning for the jobs of the future. It is expected not only to attract students from across Greater Western Sydney and Australia but from around the world.

    Amanda comments that “The announcement of the super campus at the Aerotropolis will be huge in terms of investment and development... and as a centre of innovation for Western Sydney. Bringing industry and education together in that location, catalysing with major projects including the airport, will generate a lot of activity and growth in the region.”

    A passion for the region

    We also heard from Mayor Wendy Waller, Liverpool City Council, a passionate advocate for harnessing the potential of the people of Western Sydney. Mayor Waller spoke of a city on the move. It is home to three universities and a growing health precinct. International businesses like Amazon and Toll are making it their home. There is a strong creative arts scene and an airport under construction on its doorstep – all contributing to Liverpool becoming a city full of opportunity.

    Local career pathways

    As a business community it is vital to invest in the education sector to nurture local talent if we want to continue to create a prosperous and thriving region. Western Sydney University has transformed the local workforce ensuring the region is amongst the fastest growing professional classes in the country. It is essential that we create local career pathways and opportunities for the next generation if we want to keep our talent in the region. The way forward is through collaborative partnerships between industry and education. Western Sydney University’s Penny Tribe agrees: “Events like this are absolutely essential because this is the fastest growing region in Australia and we need to work together.”

    A who’s who of Western Sydney

    Amanda was delighted with the attendance - “With all major councils and State Government Departments, through to industry heads and small business leaders represented, the event was a who’s who of Western Sydney today.”

    Business leaders had the opportunity to network and connect, and hear about the latest initiatives in the region. There was also the chance to say hello to familiar faces and enjoy more relaxed conversation over lunch.

    Our event partners shared their vision for Western Sydney with the audience, giving some wonderful food for thought. Here are some of the highlights.

    World class infrastructure

    Deloitte Partner Danny Rezek highlighted world-class technology and unprecedented opportunity in the region. “We are exceedingly proud to be working with government and business across the region to bring their aspirations for Western Sydney to life and in doing so spring board the enterprise, investment and job creation the economy needs.

    A future western Sydney will invest in a world class technology-based infrastructure where citizens are placed at the heart of its cities – capturing the convergence of data, digital and design to strategically address mobility, the environment and livability. It will provide intelligence and responsive ecosystems in ways that support the sustained renewal of jobs and innovation and improve the quality of life in the region.”

    Great opportunity for SMEs

    According to Landcom Acting Chief Executive Officer Matthew Beggs, Western Sydney is where great working partnerships have flourished. “Landcom has been focused on delivering more affordable and sustainable communities for the people of NSW, and particularly for the people of Western Sydney… and has been a permanent fixture in the Western Sydney property sector for over 40 years.

    The planning and construction of our Western Sydney projects provide great opportunities for small-to-medium businesses in Western Sydney.”

    Shaping your future

    We would like to thank our Event Partners Liverpool City Council, Landcom, Deloitte, Western Sydney University, Claxton Speakers International and Jobs for NSW. Their support makes events such as the State of the Region Address possible.

    A big thanks also to the Western Sydney Youth Orchestra (WSYO), based in Parramatta, for their wonderful performance. It was the icing on the cake of a successful event.

    Amanda Brisot adds “We are delighted with the positive feedback about the 2018 State of the Region Address from our members and partners. We’re looking forward to working and partnering with this vibrant and visionary group of businesses into the future, as we continue to facilitate connection and growth in the region.

    In their video, our platinum partners Deloitte asked: “What would your Western Sydney future look like?” We think this is a great question for us all to take away from the day as we work together to dream big for Western Sydney.”

  • 09-Oct-2018 11:52 | Tracy Dawson (Administrator)

    Theo Psychogios has been working in Western Sydney for a decade, and in that time he’s seen the area grow up from a place where ‘it felt like you were being transported back to the 70’s’, to the sprawling and commercially attractive hub it is today. Psychogios is Partner of financial advisory services at Deloitte, and co-author of the economic blueprint Shaping Future Cities: Designing Western Sydney. Working from Deloitte’s Parramatta offices, he advises government and commercial clients on the value propositions of transformative urban renewal, service delivery reform, and major infrastructure investments in the region.

    How do you think Western Sydney has changed since you first came here?

    “What I've seen is the obvious physical transformation that the place is undergoing. Towers going up all over the place, old buildings coming down, but more than that it's the new businesses starting to emerge, it's those cafes around the corner, the social impact providers, it's new restaurants coming in. It's all these big brands, you know. Neil Perry is coming to town, Jamie Oliver is in town. Those sorts of things are signals as to how a place is transforming and changing in front of you.

    “I very much see Western Sydney as this adolescent child that's starting to grow into its skin. It's starting to bulk up, to get character and it's starting to be more self-confident. And you know that's really exciting to watch and it's exciting to help shape that.”

    Shaping Future Cities was released in 2015, with a focus on recommendations for building platforms to enable jobs growth, creation of jobs and local employment. Where do you see Western Sydney going now that project planning and the initiatives that were set out are well underway?

    “Shaping Future Cities laid down a pretty bold aspiration for Western Sydney, and it was an aspiration that was very much tied to the hopes and dreams of businesses and residents in the area being able to rise to make their contribution in Sydney.

    “What we've seen over the last two years or so is of that 200,000 jobs target that was put in place [for the next five years], 60-70,000 are already being achieved now. The economy's been able to continue moving forward. There've been significant investments and announcements made by government that have led to business confidence continuing to grow, and you're starting to see significant housing and commercial developments taking place.

    “Western Sydney has a high population of younger people with growing educational capabilities and long working lives ahead of them. We have greater diversity of culture and language which makes these people more relevant to the world both from a technical skills and a social and environmental perspective, and those ingredients are second-to-none when it comes to being a powerhouse for now and into the future.

    “It's within these environments that you start to see the real fruits of the region’s labour coming to bear. You start seeing more universities established in the area or expressing interest to want to do so, because they see the longevity of the economy as advantageous to be around. You're starting to see corporates establish themselves in the area. Costco have set up their national headquarters here. Amazon are starting to set up their presence. They're all really positive signs of the green shoots that the region has been able to put in place.”

    Do you see this shift happening across the board, or do you still think businesses need more evidence of success, a bit more time to make a move?

    “No, I don’t. There is zero available A-grade commercial property in Parramatta right now. Every time new stock comes along it’s sucked up straightaway.

    “There are [big insurance companies and banks] like QBE and NAB. There’s a holistic move of state government departments coming here, not just because of political decisions, but because it works for their staff, it works for the people they’re servicing and that’s relevant in how they deliver their portfolios.

    “They don't build here on the basis of ‘build it and they'll come’. Properties don't get financed unless they've got committed leases, unless they've got absolute belief in the pipeline of sale. It doesn't matter where you go, from Penrith and all the way down to Liverpool or to Campbelltown, you have the major tier-one developers, the major global financial investors, putting money into bricks and mortar. They're not doing that if the underlying demand isn't there.”

    There’s a sense that there’s a lot of emphasis on the bigger centres like Parramatta and Liverpool when it comes to development. What’s going on in all of those ‘in between’ areas of Western Sydney?

    “Western Sydney was developed to deal with the migrant flow of the 60’s and 70’s and a lot of its planning then was at the macro scale. It was dealing with town centres and asking ‘how we can house these people’. The fine fabric of community that comes about from strip malls and corner shops in other areas wasn't really built in.

    “So what's happening now is the people living there are creating that community, creating a sense of place, and councils are playing tremendous roles in making sure that they deliver that sort of amenity and service into a lot of those Western Sydney communities. There’s a long way to go because there's a lot of people living there - there's a lot of established suburbs. And many of those suburbs were historically migrant placement suburbs, they were social affordable housing suburbs and they've grown out of themselves and some are still growing out of themselves. But I'd say it's front and centre thinking for most of the councils in the West. They know the transformation of their town centres is critical to offering the services and the amenity and the job opportunities locally that they're able to carry.”

    RELATED: Western Sydney story: How Nathan Birch is investing in the heartland

    If you were helping other businesses decide whether to position themselves in Western Sydney today, what would you say to them?

    “Is the region providing you the ingredients you need to do your business? Is the region providing you the landscape that is your market for your business? It's really simple in those two contexts.

    “Why did Amazon come here? Because when they've stepped back and looked at the profile of online spending and their history, some of the largest trends in online purchases have come from the Southwest Sydney region. So they're staying close to where their market is and then they're tapping into the investments around logistics and supply chain and major motorways that are then enabling them to service the rest of Sydney and into Greater New South Wales as that comes into play.

    “Businesses are thinking about the labor forces they’re looking for, thinking, ‘I'm looking for young, smart, dynamic, creative people. I'm looking for well-established people in their industry, for people who have a desire to succeed. And what they see when they then look at the resident profile of Western Sydney, is exactly those characteristics. First and second-generation migrants, people who've come here from other countries because of what the opportunity affords. There's a significant drive that comes with that, and you get this culture that starts building.

    “If you're looking for work forces, you'll go a long way to find a more dynamic workforce than what’s in western Sydney. If you're looking for a market, well, you’ll be within 40 minutes’ drive of two million people within a couple of years. It's pretty compelling.

    “I think the other thing that's in play is, ‘do I want to be globally relevant’? You're going to be in the most connected place in Australia between road, rail and international exit points with Badgerys Creek Airport. To succeed you've got to be close to where the markets are and you've got to invest to make it real.”


    What would your advice be to businesses who are just setting out to employ and foster a workforce in Western Sydney?

    “Invest in place, invest in people and authentically buy into the issues that shape the region. That makes every business from the local takeaway to your banks, to your realtor and hairdresser, all the way through to professional services firm like ours and others, relevant in the market and attractive as an employer. Focus on the purpose of how to make an impact that matters, because that connection of purpose, with people who have a connection to this place, makes it a no-brainer to ensure we can continue to draw on the best talent from the region.”

    If you’d like to talk about how you can access the best talent for your business, speak to one of Michael Page's Western Sydney experts today.

  • 02-Oct-2018 11:51 | Tracy Dawson (Administrator)

    To help master the skills of critical conversations, Platinum Partner World Class Teams is offering places in their GREENLINE Open Program in Parramatta on Wednesday 17th October, 2018.

    GREENLINE is the internationally successful conversation training program used by companies such as EY, Pepsi, Rheem and RedKite to rapidly increase emotional intelligence, master critical conversations and create a high-performance culture in your business.

    At the one day workshop you will discover:

    • Techniques to rapidly increase EMOTIONAL INTELLIGENCE
    • How to confidently have CRITICAL CONVERSATIONS that will build trust and engagement
    • How to have more EFFECTIVE Performance Conversations
    • How to AVOID the red card behaviours that take you off the productive GREENLINE
    • How to MASTER behaviours to quickly get you back on the GREENLINE
    • How to map the most effective, cost effective and efficient GREENLINE in EVERY business situation

    To learn more, visit

    Please note: Ticket sales end 11pm on Wednesday 10th October

    To help master the skills of critical conversations, Platinum Partner World Class Teams is offering places in their GREENLINE Open Program in Parramatta on Wednesday 17th October, 2018.

    GREENLINE is the internationally successful conversation training program used by companies such as EY, Pepsi, Rheem and RedKite to rapidly increase emotional intelligence, master critical conversations and create a high-performance culture in your business.

  • 21-Sep-2018 11:34 | Tracy Dawson (Administrator)

    Commuters travelling through North Ryde will have an easier journey, following the completion of a $15 million widening and upgrade of Delhi Road between the Hills M2 and Lane Cove National Park.

    Landcom Chief Executive Officer John Brogden said the new 950 metre-long eastbound lane was funded and managed by Landcom on behalf of Roads and Maritime Services.

    It is part of a $17 million commitment to provide traffic upgrades in the area to support the 5,000 new residents who will eventually live in Landcom’s new Lachlan’s Line development.

    “Landcom strives to create sustainable developments that include vital infrastructure, and the Lachlan’s Line project is a good example with this road widening and the future Lachlan’s Line pedestrian and cycle bridge,” Mr Brogden said.

    “These projects will make it easier for Lachlan’s Line residents, visitors and Sydney commuters to travel to and from the Macquarie Park precinct on road, foot and bicycle.”

    The widening project also included putting existing overhead electrical and telecommunication lines underground, repositioning bus stops, traffic signal upgrades, and new footpaths.

    Landscaping was also undertaken, including bush regeneration in Lane Cove National Park.

    Mr Brogden said the road widening added to improvement works already undertaken by Landcom, following the upgrade of the intersection of Wicks Road and Waterloo Road with new traffic lights, drainage, footpaths and landscaping in 2014.

    “Work will soon start on the Lachlan’s Line pedestrian and cycle bridge, a $40 million project that will be a landmark in North Ryde,” Mr Brogden said.

    “The bridge will provide safe and convenient access for pedestrians and cyclists as they travel between Lachlan’s Line, the North Ryde Railway Station and jobs in Macquarie Park.

    “'Subject to approvals, work on the bridge is expected to start later this year and finish in 2019.”

    The Delhi Road upgrade has been completed ahead of bus services replacing trains as part of Transport for NSW’s temporary closure of the Epping to Chatswood rail line.

    The road works were undertaken by Ward Civil and Environmental Engineering at Macquarie Park.

    Landcom would like to thank road users, affected businesses and the local community for their patience and cooperation during construction.

    Lachlan’s Line is a master planned community being delivered by Landcom at the northern end of the North Ryde Station Precinct.

    Announced by the NSW Government in September 2013, the project will deliver 2,700 homes and includes infrastructure upgrades, public domain works, open space and a pedestrian bridge connecting to North Ryde Train Station.

  • 19-Sep-2018 12:46 | Tracy Dawson (Administrator)

    Champions of education and training in Australia have long signalled the virtues of lifelong learning as a means to navigate increasingly complex career structures and to enrich lives. To ensure that our longer lives are better lives, we will need to engage much more frequently in education and training as we get older, continuously updating and refreshing our education and skills not only to enable us to keep up with the accelerating pace of change across the industries in which we work, but also to revive and inspire us to make transitions in every stage of life.

    A fantastic example in Western Sydney is the forthcoming Aerotropolis, which will be home to a world-class higher education institution specialising in science, technology, engineering and mathematics. Four of NSW’s leading universities, including Western Sydney University are collaborating on this project to ensure young people in Western Sydney are ready for the jobs of tomorrow.

    As Australia's current working population begins to truly understand the impact of macro trends – globalisation, longevity, technology transformation – on their immediate futures, we wondered how this would impact their attitudes towards further study, and their expectations of tertiary education providers.

    To begin to address this information gap, Deloitte commissioned a survey to gather information about current Australian workers attitudes towards lifelong learning, and the needs and preferences of those who are interested in study.

    What we uncovered is a story of positivity and possibility.

    Download the report

  • 19-Sep-2018 12:41 | Tracy Dawson (Administrator)

    The Ingham Institute for Applied Medical Research is at the forefront of many medical breakthroughs and clinical discoveries. The Institute’s world-class medical research is rooted and driven by the health needs of the local, South Western Sydney community.

    In partnership with South Western Sydney Local Health District (which includes Bankstown, Bowral, Camden, Campbelltown, Fairfield and Liverpool Hospitals), UNSW Sydney and Western Sydney University, the Ingham Institute is committed to finding better ways to improve health and transform the treatment and care of people living with common medical conditions and disease.

    The Institute’s 350 dedicated researchers are focused on exploring new medical approaches across Cancer, Clinical Science (Cardiovascular diseases, diabetes, infectious and inflammatory diseases), Injury and Rehabilitation, Population and Health Services, and Mental Health research. The Institute is also currently coordinating over 300 clinical trials across South West Sydney.

    The Institute’s medical research programs have a translational focus, which means results from the laboratory are transformed into direct health benefits in the form of new treatments and standards of care for local, national and international communities.

    Based in Liverpool, the Institute’s research precinct includes many world and Australian-first technologies and research capabilities including:

    - The Australian MRI- Linac is an Australian-first technology project that redefines radiation treatment for cancer. Only one of four worldwide, this next-generation cancer therapy equipment combines an MRI with a Linear Accelerator that will allow Doctors to ‘see’ and directly target cancer tumours in the body.

    - Australia's only Electron Microscopy Facility uses 3D electron microscope and Carl Zeiss LSM 800 super-resolution laser scanning microscope to visualise and understand human disease.

    - The CONCERT Biobank collects cancer tissue and blood samples to research the genetic, lifestyle and environmental factors linked to cancer.

    - NSW's first Circulating Tumour Cell research centre has specialised cancer scanning technology that measures single cancer cells in small blood samples to identify why some cancer cells spread and provides doctors with an early warning system that allows them to start immediate treatment to stop further growth and spread of cancer.

    As a charitable organisation, the Institute welcomes public donations and bequests to enable the researchers to continue their vital work. The Institute was founded by one of Australia’s most respected philanthropists, Mr Bob Ingham AO and is further supported by Lady (Mary) Fairfax AC, OBE.

    100% of funds raised for the Institute go towards supporting medical research.

    If you would like to meet with our researchers and experience world-class medical research here in South Western Sydney, contact our events team on or 02 8738 9000.

    Associate Professor Gary Liney with the MRI-Linac (background), next-generation cancer therapy equipment, and a sphere of water that was used to capture the first image.

    Local scientists, Dr Tzipi Cohen-Hyams and A/Prof Murray Killingsworth, in Australia's only Electron Microscopy Facility, dedicated to cancer research.

    Liverpool Hospital Medical Oncologist and Scientist, Dr Pei Ding, using NSW’s only Single Cell Selector equipment to research the growing number of young, non-smoking women diagnosed with lung cancer.

    Tina Holmes (right) Lecturer at Ingham Institute/UNSW’s Skills and Simulation Centre in Liverpool, demonstrating the Anatomage table to a medical student. The Anatomage table is the world’s first virtual, dissection table.

    Dr Nicole Caixeiro manages the CONCERT Biobank - a cancer blood and tissue collection facility focused on the prevention, detection, diagnosis and treatment of cancer.

  • 19-Sep-2018 12:09 | Tracy Dawson (Administrator)

    Experience the races in style in the bespoke Sales Arena at The William Inglis Hotel.

    Enjoy the races live on multiple screens while feasting on the delicious buffet with a glass of champagne in your hand. Take advantage of the onsite TAB machines to place your winning bet.

    Listen carefully to MC Joe Dimento throughout the day who will be keeping you entertained with a variety of competitions.

    Ensure you debut your best outfit for the occasion and enter the fashions on the field contest to win one of the amazing prices including Antler suitcases, Moet Chandon and many more.

    Click here for more information. 

  • 19-Sep-2018 12:02 | Tracy Dawson (Administrator)

    Level 3 has been completely overhauled to offer Kicks Tenpin & Arcade, a new entertainment venue, Pablo’s Cantina y Cerveza, a Latin American restaurant, and Jack’s Brewery where they now brew their own beer.

    The iconic Kicks nightclub, which operated at the Club between 1989 until 1998, continues to live on in the name of the new Kicks Tenpin & Arcade. The new facility offers a state-of-the-art, seven lane tenpin bowling alley and the latest arcade games. Kicks is home to the only XD Dark Ride in Western Sydney – a 3D motion simulated group shooter experience that takes its players along for an unforgettable ride.

    Incorporating a delicious blend of vibrant decor, colourful share plates and sumptuous Latin American flavours, Parra Leagues’ newest restaurant Pablo’s Cantina y Cerveza is adding a touch of spice to the Club’s revamped hospitality offering.

    Club CEO Bevan Paul identified a gap in the range of food offerings available in the local area. With its influences originating from Mexico all the way to Uruguay, Pablo’s delivers authentic cultural dining that many Sydneysiders have travelled half way around the world to experience. And now it’s available in our backyard at Pablo’s!

    The tapas dishes at Pablo’s pay homage to the Latin American style of consumption, where sharing food is a ritualistic rite of social engagement. While passing around empanadas, wild boar tacos and crispy pork belly, a lively atmosphere is enjoyed over delicious plates. Pablo’s mains and churrasco offer unique insight into Argentinian and Brazilian cooking methods. The tender cuts are cooked on a parilla - an open flame charcoal grill where the meat cuts rotated on skewers to preserve the flavour.

    Parra Leagues has also established a dedicated full-mash brewery, Jacks, serving craft beer brewed in-house. The venue’s name was dedicated to the two influential Jacks — Jack Boyle, the man who secured the Club’s foundations in 1956, and Jack Argent, the man who built the original clubhouse which opened on August 22, 1959.

    The full suite of Level 3 renovations – along with upgrades to The Bistro, Sterlo’s Sports Bar, K’s Noodle Bar, the Club’s car park and reception – were showcased to Members and the public during the Club’s Grand Re-Opening Weekend on August 18-19.

    Club Food and Beverage Manager Karen Olic, expressed her excitement about the Club’s evolution,

    “Our team have come together and produced an amazing result. We are really proud to show the community what we have to offer in the heart of Parramatta. We are able to cater and meet the needs and requirements of functions from small intimate parties to corporate events.”

    Exclusive WSBC Member offer: Book in your Christmas function in Kicks Tenpin & Arcade and/or Pablo’s Cantina y Cerveza by 31 October and you will get a $50 Pablo’s voucher for your next visit! Booking must be for 10 or more people, Monday to Thursday in 2018. Call our Functions team on 02 8833 0738 and mention this offer.  


    • Booking needs to be for a table of 10 or more Monday to Thursday in 2018 in Kicks Tenpin & Arcade & Pablo’s Cantina y Cerveza only.
    • Booking must be made by 5pm 31 October 2018 by calling 02 8833 0738 and mentioning this offer. Note: changing the date or time of the booking after 31 October 2018 will result in the voucher being forfeited.
    • Minimum spend of $15pp ($150+ per group) is required.
    • Offer is open to Members, guests and visitors of Parramatta Leagues Club and subject to availability.
    • 1 x $50 voucher available per valid booking.
    • Voucher is valid for 3 months from the date of group attending the Club.
    • $50 Pablo’s voucher can only be claimed at the end of the booked visit.
    • The group booking bill can be paid for by any method: Bonus Points, F&B Points, Cash/Eftpos. Normal Membership discount applies if valid Membership card is present for payment.
    • Offer is not to be used in conjunction with any other offer.
    • Offer not available online.

  • 19-Sep-2018 09:30 | Tracy Dawson (Administrator)

    Northcott’s Cricket Gala Dinner will be held on Thursday 8 November 2018 at the Sydney Cricket Ground (SCG) commencing with pre-dinner drinks at 6pm.

    Northcott’s Recreation Service creates fun and social opportunities for children and adults with disability. Proceeds raised at the Cricket Gala Dinner will help fund this important service.

    Watch this video to see the fun Northcott create and the opportunities your support helps them to offer!

    Proudly supported by charity partner Cricket NSW, Northcott’s annual cricket event is now in it’s 23rd year, a remarkable achievement that would not have been possible without their wonderful supporters!

    Please contact Annette Sneyd on 02 9890 0131 or for more information or to learn about sponsorship opportunities.

    Click here to purchase your ticket!

  • 19-Sep-2018 09:00 | Tracy Dawson (Administrator)

    From 1 October 2018, a number of amendments to the Heavy Vehicle National Law (HVNL) will come into effect that significantly impact existing ‘chain of responsibility’ (CoR) duties and the overall regulatory framework.

    These amendments are relevant to all parties in the CoR, which includes businesses that operate heavy vehicles over 4.5 tonnes and businesses that consign, pack, load or receive goods by these heavy vehicles.

    For this reason, any business that plays a role in the CoR should carefully consider these amendments, what impact they may have, and take steps to ensure compliance with the new regulatory framework by 1 October 2018.

    What is the HVNL?

    The HVNL regulates drivers and off-road parties who influence the supply and logistics chain – this regulation is commonly referred to as the ‘chain of responsibility’.

    The HVNL provides a single national law for the consistent regulation of heavy vehicle operations across most of Australia. All Australian states and territories, except Western Australia and the Northern Territory, are participating jurisdictions for the purposes of the HVNL and have adopted the HVNL as a law.

    What are the amendments to the HVNL?

    Broadly speaking, there are four key amendments to the HVNL which are expected to commence on 1 October 2018:

    1. Primary duty - The amendments will impose a primary duty, similar to work health and safety, on a party to ensure, so far as is reasonably practicable, the safety of a party’s transport activities. Without limiting this general requirement, each party in the CoR must, so far as is reasonably practicable:

          a. eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and

          b. ensure the party’s conduct does not directly or indirectly cause or encourage:

                i. the driver of the heavy vehicle to contravene the HVNL; or

                ii. the driver of the heavy vehicle to exceed a speed limit applying to the driver; or

                iii. another person, including another party in the CoR, to contravene the HVNL.

    2. Shared responsibility - The safety of transport activities is an issue ‘shared’ between each party in the chain. The parties in the supply chain include:

           a. an employer of the driver;

           b. a prime contractor for the driver;

           c. an operator of the vehicle;

           d. a scheduler for the vehicle;

           e. a consignor or consignee;

           f. a packer of any goods in the vehicle;

           g. a loading manager for any goods in the vehicle; and

           h. a loader or unloader of any goods in the vehicle.

    Any prosecution will consider the actions of each party in the supply chain.

    3. Due diligence requirements for executives - Executives of entities that have a safety duty (being entities that have, among other duties, a primary duty under the HVNL) must take steps to ensure that the entity complies with that safety duty.

    4. Specific prohibitions - The amendments introduce a number of specific prohibitions on asking, directing or requiring a party in the CoR to do something that the person knows, or ought reasonably to know, would have the effect of causing a driver to exceed a speed limit, or drive while fatigued or in breach of a work/rest hours requirement. A similar offence also exists that applies to contracts that would have the same effect i.e. contractually ‘compelling’ an offence.

    Why is this important?

    The amendments to the HVNL represent a significant shift in regulatory focus.

    By way of example, under the current regime a party can raise the ‘reasonable steps’ defence if charged with an offence under the HVNL. The new regime removes the ‘reasonable steps’ defence and replaces it with a positive duty on each CoR party to ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.

    Further, the maximum penalty for breaches of the HVNL is being significantly increased to $3 million for a corporation and $300,000 or 5 years imprisonment (or both) for an individual.

    What should you do?

    To prepare for the upcoming changes, you should:

    1. Be aware of your obligations under the new regulatory framework and ensure that the right stakeholders (including contractors) are compliant with their new HVNL duties on, or ideally before, 1 October 2018.

    2. Consider how these amendments impact existing procurement/contracting practice. In particular, does your organisation have sufficient controls in place to monitor and ensure that contractors will comply with its HVNL obligations? Further, does your organisation’s current audit and risk controls sufficiently address the new HVNL duties (particularly given the wide scope of the primary duty)?

    3. Conduct due diligence on your commercial arrangements to ensure counterparties are required to ensure compliance with HVNL and that commercial agreements are compliant with the HVNL overall. For example, organisations cannot simply subcontract their obligations under the HVNL. In addition, organisations should carefully consider any existing contractual terms, or proposed contractual terms, to ensure that they are not captured by the specific prohibitions on ‘compelling’ a contravention of the HVNL.

    4. If you are an executive, consider how you will comply with your due diligence obligations and whether your compliance with your due diligence obligations is best addressed as part of existing due diligence processes that may apply under other regulatory regimes (such as work health and safety).

    If you have any questions relating to this article, please contact the authors: Jacqui Barrett, Partner- Commercial and Corporate; Aaron Dearden, Partner - Employment; or Stephanie Gribbon, Lawyer on +61 2 8267 3800.

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