13. Insertion of Division 1.513. Insertion of Division 1.5

13. Insertion of Division 1.5

After Division 1.4 insert –

“Division 1.5—Causation

25A. Intention irrelevant in determining causation

For the purposes of this Act, a person can cause something to happen even though she or he had no intention of causing that thing to happen.

25B. Cause includes “contribute to causing” and “encourage”

For the purposes of this Act, a reference to causing a thing is to be read as including a reference to contributing to causing the thing, and to encouraging the thing.

25C. Objective reasonableness test to be used in determining causation

(1) In this section:

duty holder means a person on whom a duty is imposed by section 30, 31, 32 or 33 to take reasonable steps to ensure that a thing will not cause a fatigue offence;

fatigue offence means an occurrence in which the driver of a regulated heavy vehicle drives the vehicle:

(a) while impaired by fatigue; or
(b) while in breach of his or her work/rest hours option; or
(c) in breach of another law to avoid driving while impaired by fatigue or while in breach of his or her work/rest hours option.

Note 1: Section 27 explains what impaired by fatigue means.

Note 2: Section 35 explains what a work/rest hours option is.

(2) This section applies if an act of, or a failure to act by, a duty holder causes a fatigue offence to occur. (3) If it is likely that a reasonable person would have foreseen that the act, or failure to act, would be reasonably likely to cause the occurrence of the fatigue offence, for the purposes of this Act there is created a rebuttable presumption that the duty holder caused the occurrence of the fatigue offence.”.