Being investigated

The NHVR Investigations team seeks to ensure all parties in the Chain of Responsibility (CoR) comply with their primary safety duty under the HVNL. The team delivers enforcement outcomes, prioritising parties in the CoR, where a failure to comply with primary safety duties or other significant breaches of the HVNL are identified. NHVR investigators are Authorised Officers of the HVNL.

Commitment

Investigations conducted by the NHVR will be carried out in accordance with NHVR policies and procedures and in line with Australian Government Investigations Standards (AGIS).

Investigations will be conducted in accordance with ‘natural justice’, this includes an approach that is:

  • Evidence based - action will not be undertaken on mere suspicion or speculation.
  • Objective and impartial - investigations will be independent and conducted without bias. 
  • Fair - the subject of an investigation will have an opportunity to be heard before adverse formal findings are made and before any adverse action is taken.

Throughout an investigation, the NHVR will ensure individuals and companies are made aware of an ongoing investigation into their transport activities and that victims and complainants are kept up to date with the progress of the investigation.

Time frames

The duration of an investigation will be influenced by the complexity of the alleged breaches and the risks posed by them. The greater the complexity; the longer the likely timeframe necessary to complete the investigation.

The relationship between risk and time is more nuanced. Some high-risk investigations will require more time to ensure the investigation is comprehensively conducted and the outcome is best suited to the facts found. Other high-risk investigations will have a greater time sensitivity and consequently the outcome should be achieved as quickly as possible. 

Requests for information

Most investigations will include methods of obtaining information and documents through the use of Statutory Notices. These Notices are issued under Section 569, 570 or 570A of the HVNL and may request certain documentation or information be provided to the investigator. Failure to comply with a Statutory Notice is an offence.

Entry to premises

Throughout the course of an investigation, investigators may enter your business premises for compliance purposes, which includes monitoring or investigation. Entries can be made with or without consent. During an entry, it is likely you will be asked to provide reasonable help to the investigators.

Outcomes

Investigations undertaken by the NHVR can result in a range of different outcomes, some of these outcomes include: