As a Detective Sergeant James was a team leader in the areas of criminal investigations including robbery and serious crime.
Prime Mover: What circumstances can initiate an off-road investigation?
James Mooney: There are a number of means by which an investigation can be referred to us. We can get matters referred to us through other regulators such as SafeWork or WorkSafe depending upon the state. We can also get matters referred through our Heavy Vehicle Confidential Reporting line, which is often quite a common way in which matters get referred to us. People can ring anonymously, leave information which relates to the issue they are experiencing, and then after an assessment of that information an investigation can be commenced in relation to it. We’ve also got an intelligence unit which will generate information on risk and other matters which are pertinent to off-road parties which can lead to an investigation.
PM: Can you explain the process when something eventually comes to your desk?
JM: Initially we make an assessment of the information, and we look at locating evidence to corroborate or substantiate the initial information. We would also seek to identify the correct parties or entities that are involved and formulate an investigation plan. We do those things in a variety of ways through the information systems available to us, but also through utilising investigation powers under the HVNL and through speaking directly with information providers and with industry. There are a number of different ways in which an investigation can land with us. Matters that may have potentially focused on the activities of the operator initially, once the investigation has been commenced it becomes apparent that there are a number of off-road parties that have had an impact or influence on the outcome of an incident, and so that will take a significant amount of investigation, not only of the operator but also the other parties in the Chain of Responsibility. Often what will happen is an investigator will continue with the investigation of the operator involved and then myself and the other investigators attached to the off-road team will then focus on the other parties in the Chain of Responsibility who have obligations as well.
PM: If an investigation is initiated what steps should the operators take?
JM: From an investigator’s perspective, where it is appropriate, we seek to open a line of communication with the party or entity we are investigating. The difficulty, I suppose, for an operator or another party which may be under investigation, is at the point at which we advise that they are under investigation they will often seek legal advice about the way in which they should respond to any communication. Often, from that point on, the communication is actually through a lawyer or another party rather than directly with the party which we’re wishing to have the interaction with. That can sometimes make it more difficult to achieve those sort of educational outcomes as opposed to more formal outcomes.
PM: Has the NHVR’s approach of educate, inform and enforce made the situation a little more balanced?
JM: The CEO Sal Petroccitto has made it very clear that is the direction that he wishes the NHVR to take. I think that we, particularly our investigation team, have certainly adopted that approach to the way we conduct our investigations. Where there are legitimate means for an outcome, be it information or education, we take those, and where there is requirement for us to use an enforcement outcome to address safety risks or a systemic breach of HVNL, we have that available to us as well.
PM: Has there been pressure from within the industry for the NHVR to get some scalps under Chain of Responsibility and is it more the case that once you do some investigation there are some opportunities revealed to resolve the outcome in a less radical way?
JM: One of the advantages of working with the Regulator is we do have quite a number of outcomes available to us for an investigation. We’re not locked in to either having a finding of ‘no further action’ or going for prosecution. We have a broad range of options available to us on a scale of information and education all the way through to Category One prosecutions at the highest end. There is obviously a lot of trust in us to investigate things thoroughly and work out at which end of the scale those matters fit and what the appropriate outcome is.
PM: Within your investigations do you come across instances such as unreasonable deadlines where somebody is engaged in a contract and when they try to implement that contract they find it is all but impossible to meet legally and safely?
JM: I haven’t had too many investigations where that particular situation has been an issue, but it’s something we are certainly alert to. We do often find people are somewhat reluctant to come forward and provide that sort of information to us directly, so that’s why it’s important that Heavy Vehicle Confidential Reporting line is made available to people in that type of situation so that potentially we can become aware of a matter that we may otherwise not know of. That is definitely an area of interest to us in relation to off-road parties in terms of schedulers, load managers, loaders and other consignors and consignees and the role they play in impacting on deadlines and contracts which are unreasonable and unmanageable.
PM: Looking forward, do you think the industry will eventually head in a direction which will require less oversight of the off-road investigation team, or will there always be people who push things too far?
JM: Just like every other industry where there is money to be made or lost there will probably always be an element of the industry which pushes things beyond what’s safe and what’s reasonable. In the future we hope that element becomes a lot smaller as people’s awareness and education becomes greater on the role they play in ensuring we’ve got a safe, productive and efficient heavy vehicle network and that the rogue element becomes significantly smaller and has a very insignificant impact on our industry.