Individual AS 3295: fined $8,000, executive due diligence, 4 May 2023

Party

Party: Individual AS 3295. The NHVR publishes court outcomes without the defendant's name.
Type: Individual
Role: Role not stated
Reference: AS 3295

The proceeding

Decision: Convicted
Court: Launceston Magistrates Court (Local or Magistrates)
Jurisdiction: Tasmania
Hearing date: 4 May 2023
Law: Heavy Vehicle National Law
Provisions: s 26(g), s 26(d)
Offence: Executive due diligence
Incident: Fatality

Facts

The offender failed to take reasonably practicable steps as a scheduler in the Chain of Responsibility (CoR). The offender also failed to take reasonably practicable steps, as an executive of a company of which they were the sole director, to exercise due diligence to ensure the company complied with its safety duty. The lack of proactive management by the offender of their transport activities, as mandated by the Heavy Vehicle National Law (HVNL), resulted in a culture of continued and systemic breaches of the Regulations and was in breach of the safety duties imposed by the HVNL. This failure exposed two classes of individuals, namely the employed drivers of the company, and the public, to a risk of death or serious injury.

As reported by NHVR.

Penalty

Fine: $8,000

Fines under s 26(g) on the register: $2,000 to $80,000, median $16,500 across 6 matters. Fines under s 26(d) on the register: $2,000 to $80,000, median $16,500 across 6 matters.

Orders

Supervisory intervention order, 12 months

What the record would have shown

Board and executive minutes showing the transport risks were reported, questioned and resourced, each with a date. How the record works →

Comparable actions

Defendant	Offence	Jurisdiction	Decision	Date	Record
Berry Raymond Campbell	Executive due diligence	NSW	Convicted, fined $45,000	19 February 2025	View the record of Berry Raymond Campbell, 19 February 2025
Individual · name withheld	Executive due diligence	QLD	Enforceable undertaking accepted; enforceable undertaking	Date not stated	View the record of Individual, Date not stated
Individual · name withheld	Executive due diligence	QLD	Enforceable undertaking accepted; enforceable undertaking	Date not stated	View the record of Individual, Date not stated
Karl O’Sullivan	Other	NSW	Convicted, fined $7,500	1 May 2024	View the record of Karl O’Sullivan, 1 May 2024
Georgia Campbell	Other	NSW	Convicted, fined $5,000; other order	19 February 2025	View the record of Georgia Campbell, 19 February 2025

Sources

NHVR: Court outcomes (read 14 October 2026)

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