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Chain Of Responsibility
The chain of responsibility is a policy concept used in Australian transport legislation to place legal obligations on parties in the transport supply chain or across transport industries generally. The concept was initially developed to apply in the heavy vehicle industry in regulated areas such as speeding, fatigue and mass, loading and dimension. It has since spread to other transport sectors, particularly in Victoria where it has been applied in laws which apply to the rail, bus, marine and taxi industries. Background The chain of responsibility concept initially developed out of a recognition that unlawful behaviour by truck drivers is influenced and often controlled by the actions of other parties. Concerns arose that transport laws had often focussed on the actions of drivers while failing to sufficiently recognise and regulate the actions of other key parties. Chain of responsibility laws therefore seek to provide that these other parties cannot encourage, create ...
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Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, smaller islands. With an area of , Australia is the largest country by area in Oceania and the world's List of countries and dependencies by area, sixth-largest country. Australia is the oldest, flattest, and driest inhabited continent, with the least fertile soils. It is a Megadiverse countries, megadiverse country, and its size gives it a wide variety of landscapes and climates, with Deserts of Australia, deserts in the centre, tropical Forests of Australia, rainforests in the north-east, and List of mountains in Australia, mountain ranges in the south-east. The ancestors of Aboriginal Australians began arriving from south east Asia approximately Early human migrations#Nearby Oceania, 65,000 years ago, during the Last Glacial Period, last i ...
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Second Reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, or failing to become, legislation. Some of these readings may be formalities rather than actual debate. The procedure dates back to the centuries before literacy was widespread. Since many members of Parliament were illiterate, the Clerk of Parliament would read aloud a bill to inform members of its contents. By the end of the 16th century, it was practice to have the bill read on three occasions before it was passed. Preliminary reading In the Israeli Knesset, private member bills do not enter the house at first reading. Instead, they are subject to a preliminary reading, where the members introducing the bill present it to the Knesset, followed by a debate on the general outlines of the bill followed by a vote on whether to send it t ...
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Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Supply Chain Management
In commerce, supply chain management (SCM) is the management of the flow of goods and services including all processes that transform raw materials into final products between businesses and locations. This can include the movement and storage of raw materials, work-in-process inventory, finished goods, and end to end order fulfilment from the point of origin to the point of consumption. Interconnected, interrelated or interlinked networks, channels and node businesses combine in the provision of products and services required by end customers in a supply chain. Supply-chain management has been defined as the "design, planning, execution, control, and monitoring of supply chain activities with the objective of creating net value, building a competitive infrastructure, leveraging worldwide logistics, synchronising supply with demand and measuring performance globally". SCM practice draws heavily on industrial engineering, systems engineering, operations management, logis ...
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National Transport Commission
The National Transport Commission (NTC), previously known as the National Road Transport Commission, is an Australian statutory body created to develop regulatory and operational reform for road, rail and intermodal transport. Under Australia's federal system, transport policy and regulatory responsibilities span across Commonwealth, state and territory, and local governments. Differences between these regulatory systems mean that national transport operators can face inconsistent regulations, creating unnecessary inefficiency and cost. The NTC is focused on reforms which improve the productivity, safety and environmental outcomes of the Australian transport system . This has subsequently led to the development of transport regulatory policies such as Performance-Based Standards, Heavy Vehicle Driver Fatigue Reform and the Chain of Responsibility. The NTC also plays a role in implementation planning to ensure reform outcomes are relevant and effective, as well as coordinating, ...
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Transport Integration Act
The Transport Integration Act 2010 (the Act) is a law enacted by the Parliament of the State of Victoria, Australia. The Act is the prime transport statute in Victoria, having replaced major parts of the ''Transport Act 1983'', which was renamed as the ''Transport (Compliance and Miscellaneous) Act 1983''. The purpose of the Transport Integration Act is to "...create a new framework for the provision of an integrated and sustainable transport system in Victoria...". The Act broadly seeks to unify all elements of the Victorian transport portfolio to ensure that transport and land use agencies work together towards the common goal of an integrated and sustainable transport system. In essence, the Transport Integration Act sets out the policy framework for transport in Victoria and establishes and sets the charters of the key agencies who make decisions which affect the planning and operation of the State's transport system. One commentator has opined that "(T)he Act is a leadi ...
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Bus Safety Act
The Bus Safety Act 2009 (also BSA) is a law enacted by the Parliament of the Victoria (Australia), State of Victoria, Australia and is the prime statute regulating the safety of bus operations in Victoria. The Act was developed as part of the Transport Legislation Review conducted by the Department of Transport (Victoria, 2008–13), Department of Transport between 2004 and 2010 and is aimed at preventing deaths and injuries arising from bus operations in Victoria and establishes a modern "best practice" regulatory framework to assist in maintaining and improving the Victorian bus industry's good safety record. The Act continued regulatory control over the operation of large buses and introduced safety standards for the small or mini-bus sector which comprises 40% of the Victorian bus fleet. Controls over large and small buses comprise permissions such as accreditation and registration. In addition, the Act introduced broad based "safety duties" for bus operators and all other ...
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Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omission ...
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Quintinshill Rail Crash
The Quintinshill rail disaster was a multi-train rail crash which occurred on 22 May 1915 outside the Quintinshill signal box near Gretna Green in Dumfriesshire, Scotland, United Kingdom. It resulted in the deaths of over 200 people, and remains the worst rail disaster in British history. The Quintinshill signal box controlled two passing loops, one on each side of the double-track Caledonian Main Line linking Glasgow and Carlisle (now part of the West Coast Main Line). At the time of the accident, both passing loops were occupied with goods trains and a northbound local passenger train was standing on the southbound main line. The first collision occurred when a southbound troop train travelling from to Liverpool collided with the stationary local train. A minute later the wreckage was struck by a northbound sleeping car express train travelling from London Euston to Glasgow Central. Gas from the Pintsch gas lighting system of the old wooden carriages of the troop train ign ...
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Parliament Of Victoria
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the Governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria. The two Houses of Parliament have 128 members in total, 88 in the Legislative Assembly (lower house) and 40 in the Legislative Council (upper house). Victoria has compulsory voting and uses instant-runoff voting in single-member seats for the Legislative Assembly, and single transferable vote in multi-member seats for the proportionally represented Legislative Council. The council is described as a house of review. Majorities in the Legislative Council a ...
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Hansard
''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official printer to the Parliament at Westminster. Origins Though the history of the ''Hansard'' began in the British parliament, each of Britain's colonies developed a separate and distinctive history. Before 1771, the British Parliament had long been a highly secretive body. The official record of the actions of the House was publicly available but there was no record of the debates. The publication of remarks made in the House became a breach of parliamentary privilege, punishable by the two Houses of Parliament. As the populace became interested in parliamentary debates, more independent newspapers began publishing unofficial accounts of them. The many penalties implemented by the government, including fines, dismissal, imprisonment, and investigati ...
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