Governance and accountability
Who decides what, under what authority
Roles and their decision rights, the delegations instrument as data, the conflict register, reviews and appeals, the guardrails that hold agents, and the legislation everything traces to.
Roles and decision rights
Internal and external parties to the regime
| Role | Kind | Responsibilities | Decision rights |
|---|---|---|---|
| AUDITOR Internal audit / assurance | INTERNAL | Verifies the evidence chain, tests decisions against delegations and proportionality. | No regulatory decisions. Unrestricted read of the evidence trail. |
| DELEGATE Authorised officer (delegate) | INTERNAL | Holds the instrument of delegation. Takes decisions with legal effect on the recommendation of agents and inspectors. | Improvement notices, infringements, conditions and suspensions (ladder 2 to 4) within delegation. |
| EXECUTIVE Chief Executive / Executive sponsor | INTERNAL | Accountable for outcomes against the harm indicators. Executive sponsor of the business reference model. | Cancellation and prohibition (ladder 5). Prosecution referral. Adoption of risk-control problems. |
| INDUSTRY Industry body | EXTERNAL | Represents regulated operators in scheme design and consultation. | Consultation submissions. No decisions. |
| INSPECTOR Inspector | INTERNAL | Field checks, planned and responsive inspections, evidence capture on site (mobile, offline). | Advisory and warning products (ladder 0 to 1). Recommends higher rungs. |
| INVESTIGATOR Investigator | INTERNAL | Formal investigations, brief of evidence, witness and record management. | Opens an investigation on a delegate's decision. Recommends prosecution referral. |
| POLICY Policy maker | INTERNAL | Sets regulatory objectives, owns the harm register and the scheme mix. | Approves schemes and their objectives. Sponsors the Business Reference Model. |
| PUBLIC Public and road users | EXTERNAL | Reports incidents and complaints; consulted on schemes; sees published outcomes. | None. Sees the published harm indicators and consultation results. |
| WATCHDOG Ombudsman / independent oversight | EXTERNAL | Receives complaints about the regulator; reviews decisions on request. | Sets aside or varies decisions on external review. |
Delegations instrument
The highest rung each role may take under each power
| Role | Provision | Up to | Note |
|---|---|---|---|
| INSPECTOR | HVSA 2024 s 55 Improvement notice | 1Advise | Inspectors may advise and warn. Notices are recommended to a delegate. |
| DELEGATE | HVSA 2024 s 55 Improvement notice | 2Direct | Improvement notices within delegation. |
| DELEGATE | HVSA 2024 s 57 Prohibition notice | 3Penalise | Prohibition where there is an immediate risk. |
| DELEGATE | HVSA 2024 s 60 Infringement notice | 3Penalise | Infringements for prescribed offences. |
| DELEGATE | HVSA 2024 s 100 Investigation and prosecution | 3Penalise | Opening a formal investigation. |
| DELEGATE | HVSA 2024 s 72 Accreditation conditions, suspension and cancellation | 4Restrict | Conditions and suspension. Cancellation is reserved. |
| EXECUTIVE | HVSA 2024 s 80 Enforceable undertaking | 4Restrict | Accepting an enforceable undertaking. |
| EXECUTIVE | HVSA 2024 s 72 Accreditation conditions, suspension and cancellation | 5Remove | Cancellation of accreditation. |
| EXECUTIVE | HVSA 2024 s 100 Investigation and prosecution | 5Remove | Prosecution referral. |
Guardrails
What stops an agent, and where it routes
GL-RG-01 No legal effect without a delegate
Any product with legal effect is held for a decision by a role holding delegation for that provision at that rung. Agents never issue.
GL-RG-02 Proportionality
A recommended rung is checked against the harm severity, the priority and the entity's history. Disproportionate rungs are flagged, not blocked.
GL-RG-03 Conflict of interest
A decision on an entity is held if the decider has a declared conflict with that entity.
GL-RG-04 Protected disclosures
Whistleblower signals are triaged with identity withheld and routed to an investigator, not an inspector.
GL-RG-05 Reasons and review rights
No decision is recorded without reasons, the provision relied on and the review rights notified.
Reviews and appeals
Internal review by a different officer; external review by the Ombudsman
| Matter | Requested by | Ground | Reviewer | Status | Resolve |
|---|---|---|---|---|---|
| MT-2026-0201 | Southern Bulk Haulage (counsel) | Suspension disproportionate; operator invested in new load-scanning equipment in July. | EXECUTIVE | IN REVIEW |
Conflict register
GL-RG-03
| Person | Role | Entity | Nature |
|---|---|---|---|
| R. Okafor | DELEGATE | Harbour Line Logistics | Former employee of Harbour Line Logistics (2019 to 2022). Recused from decisions on this entity. |
Consultations
Engage: the public is a party, not an audience
| Scheme | Consultation | Parties | Submissions | Status |
|---|---|---|---|---|
| S-04 | Dangerous goods scheme review: lithium battery freight | INDUSTRY, PUBLIC, WATCHDOG, POLICY | 38 | OPEN |
Legislative instruments
Every product and decision cites one of these provisions
Heavy Vehicle Safety Act 2024 (fictional) (HVSA 2024, act)
- s 12Primary duty of safety. Each party in the chain of responsibility must ensure, so far as is reasonably practicable, the safety of transport activities. Max penalty Category 1: $3,000,000 corporation.OBLIGATION
- s 40Mass and dimension limits. A vehicle must not exceed its mass and dimension limits. Max penalty $20,000.OBLIGATION
- s 55Improvement notice. An authorised officer may issue an improvement notice requiring a person to remedy a contravention within a stated period.POWER
- s 57Prohibition notice. An authorised officer may prohibit an activity where there is an immediate risk to safety.POWER
- s 60Infringement notice. An infringement notice may be issued for a prescribed offence.POWER
- s 72Accreditation conditions, suspension and cancellation. The Regulator may impose conditions on, suspend or cancel an operator's accreditation.POWER
- s 80Enforceable undertaking. The Regulator may accept a written undertaking in connection with a contravention.POWER
- s 91Internal and external review. A person affected by a reviewable decision may apply for internal review, then external review.POWER
- s 95Delegation. The Regulator may delegate functions to authorised officers by instrument in writing.DELEGATION
- s 100Investigation and prosecution. The Regulator may investigate a suspected offence and refer a brief to the prosecuting authority.POWER
Heavy Vehicle Safety (Fatigue and Roadworthiness) Regulation 2025 (fictional) (HVS Reg 2025, regulation)
- r 26Work and rest hours. Drivers must not exceed the prescribed work hours and must take the prescribed rest. Max penalty $10,000.OBLIGATION
- r 31Roadworthiness standard. A heavy vehicle must comply with the applicable vehicle standards when used on a road. Max penalty $6,000.OBLIGATION