Australia: Parliament considers amendment bill to enhance owner driver protections in Victoria

On 24 July 2018, the Owner Driver and Forestry Contractors Amendment Bill 2018 was introduced in the Victorian Parliament in response to a government review of the Owner Drivers and Forestry Contractors Act 2005 (Vic). The review found widespread non-compliance with the Act by hirers and freight brokers. The Bill introduces penalties and inspection and enforcement powers to promote compliance with the mandatory requirements in the Act. The Bill also introduces 30-day payment terms for invoices issued by owner drivers.


For the purposes of the Act, an 'owner driver' is:

  • a natural person (whether as an individual or in a partnership) who carries on a business of transporting goods, provided less than four vehicles are owned by the business and operated by the person (whether solely or with the use of additional or relief operators); and
  • a corporation (other than a listed public company) that carries on a business of transporting goods, provided less than four vehicles are owned by the corporation or an officer of the corporation, and the vehicles are operated by an officer of the corporation (whether solely or with the use of additional or relief operators).


The Act set out what must and what must not be in any contract with an owner driver. The Act also requires a hirer to provide an owner driver with a published information booklet and rates and costs schedule (both of which can be found on the Victoria Government website). The Act prescribes minimum notice periods for termination of engagement and how payment in lieu of notice must be calculated.


The Bill proposes a significant number of changes to promote compliance with the Act. Some of the more significant changes are summarised in the table below.

Issue What will be changed?
Definition of 'freight broker' The Bill amends the definition of 'freight broker' to include a person who provides an online platform that facilitates the engagement of owner drivers by hirers. This is to ensure that digital freight brokers such as Uber Freight, Uber Eats and Deliveroo are caught by the Act.
Information booklet The Bill makes it an offence for a hirer not to provide the published information booklet to an owner driver. The maximum penalty for the offence will be 25 penalty units for a corporation ($4,029 for the 2018/19 financial year).
Rate and costs schedule The Bill makes it an offence for a hirer not to provide the published rates and costs schedule to an owner driver before their engagement. The maximum penalty for the offence will be 25 penalty units for a corporation ($4,029 for the 2018/19 financial year).
Contractual requirements The Bill makes it an offence for a hirer to enter into a contract with an owner driver that does not comply with all the requirements of section 20 of the Act, including the requirements to set out:
  • the rates that will be paid
  • the guaranteed minimum number of hours of work or income level that the owner driver will receive
  • minimum period of notice of termination or payment in lieu of notice. The maximum penalty for the offence will be 25 penalty units for a corporation ($4,029 for the 2018/19 financial year).
Minimum period of notice of termination The Bill makes it an offence for a hirer not to provide the minimum period of notice of termination required by the Act. The minimum period is three months for owner drivers of heavy vehicles and one month for other owner drivers. The maximum penalty for the offence will be 25 penalty units for a corporation ($4,029 for the 2018/19 financial year).
30-day payment terms The Bill introduces a new provision that requires a hirer to pay an owner driver within 30 days after receipt of an invoice (unless the hirer and owner driver agree to a different payment period that is not unfair). This amendment is intended to reduce the financial pressure on owner drivers.
Authorised officers and enforcement powers The Bill provides for the appointment of authorised officers to:
  • provide information to hirers and owner drivers
  • monitor compliance with the Actinvestigate possible contraventions
  • exercise enforcement powers
Among other things, authorised officers will have the power to:
  • require information or the production of documents
  • enter and inspect premises (with the consent of the occupier) and require the production of documents at the premises
Notices to produce The Bill makes it an offence to fail to comply with a notice to produce or to knowingly provide false or misleading documents. The maximum penalty for the offence will be 100 penalty units for a corporation ($16,119 for the 2018/19 financial year).
Liability of officers Under the Bill, an officer of a corporation commits an offence if the officer authorised or permitted the corporation to commit the offence or was knowingly concerned (whether by act or omission) in the commission of the offence.

© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions