Two former directors enter into $72,000 enforceable undertaking

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Thursday, 14 April, 2022 - 12:15
Incidents & prosecutions

The National Heavy Vehicle Regulator (NHVR) recently accepted an enforceable undertaking from two former directors of ex-mining company Goondicum Resources, Mark McCauley and Jonathan Mattiske, in a bid to prevent other executives from failing to meet their heavy vehicle national law obligations.

The enforceable undertaking stems from an NHVR investigation into the company’s safety policies and procedures, following the death of a haulage contractor Brock Rode on 17 May 2019 at Monto in Queensland.

NHVR director of prosecutions Belinda Hughes said the directors were charged with failing to exercise due diligence to ensure safe transport activities.

“As part of the EU, the directors will pay for the development of a due diligence manual for executives to understand their obligations in the Chain of Responsibility under the heavy vehicle national law,” Hughes said.

“Executives, in particular, must exercise their own personal due diligence obligations to check the company has ensured the safety of its transport activities, including the safety of all workers and independent contractors.”

Under the enforceable undertaking, the directors must develop a suite of educational heavy vehicle national law materials by February 2023, including a due diligence manual, induction video on the responsibility of executives, and a joint filmed presentation to the Australian Institute of Directors or similar groups summarising the events and lessons from the charges.

The total cost of the enforceable undertaking initiatives is valued at approximately $72,000.