Prepared Australian Driver Trainer Association Annual General Meeting 18/11/2013

ICAC Implications investigations/investigationdetail/199 The ICAC is investigating allegations that Christopher Binos, a former heavy vehicle competency-based assessor acting on behalf of Roads and Maritime Services, solicited benefits from applicants for heavy vehicle licences, and conducted inappropriate or fraudulent heavy vehicle assessments. It is also alleged that Mr Binos signed log books certifying applicants as competent to drive a heavy vehicle without the applicants completing the necessary assessments, in exchange for cash payments.

ICAC Implications RMS moved to the outsourced model on the expectation that the industry will be working within our ethical standards and ensure there is robust controls in the way the industry would operate. Industry must acknowledge the seriousness of corrupt behaviour in relation to road safety, such as the act by Binos. Under the outsourced model, the licensing authority places reliance on the industry to uphold the integrity of the licensing process. The act by Binos places the industry under a cloud and hence RMS is now forced to make amendments to eliminate this exposure.

ICAC Implications RMS will be asking what the industry is going to do to reduce the exposure for RMS and the government. RMS will be advising industry of the cost to the tax payer. Currently, there is a perceived or actual conflict of interest in the current arrangement.

ICAC Implications RMS expects the commission to make recommendations to eliminate the conflict issue. We are waiting for the report to be issued and the findings will be publicly announced. RMS will work with the industry in arriving at the future state. RMS will be asking the industry to assist in stamping out corruption and be open to improvements.

HVCBA – Proposed Risk Management Framework New Scheme Model RTO/Assessor Systems - HVCORS Business Rules Code of Conduct Corruption Reporting RMS Website 1 st Line of Defense 2 nd Line of Defense 3 rd Line of Defense Collection & recording of information Control Self Assurance RTOs & Assessors (6 monthly basis) RTOs/Assessors Code of Conduct & Ethics Refresher ( 3 yearly basis) New Audit methodology Intelligence New Structure (more auditors available) Internal Audit (Scheme Performance) Customer & Support Services Branch Accreditation Branch Audit & Risk Strategy & Engagement Division Scheme Management (Quarterly basis) Heavy Vehicle Driver Instructor Licenses

REPORTING RESPONSIBILITIES DRIVING INSTRUCTORS ACT SECT 54B Driving instructors to report alleged misconduct 54B Driving instructors to report alleged misconductDriving instructorsmisconduct (1) As soon as practicable after witnessing it, a driving instructor must report to the Authority any conduct on the part of another driving instructor that he or she reasonably believes constitutes misconduct.driving instructorAuthoritydriving instructor misconduct Maximum penalty: 20 penalty units. (2) As soon as practicable after receiving it, a driving instructor must report to the Authority any complaint made by a person receiving instruction from the driving instructor of alleged misconduct on the part of another driving instructor.driving instructorAuthoritydriving instructormisconductdriving instructor Maximum penalty: 20 penalty units. (3) Alleged misconduct must be reported to the Authority regardless of whether it is alleged to have occurred within the State or elsewhere.misconductAuthority (4) A report made to the Authority under subsection (1) or (2) must be in writing.Authority

REPORTING RESPONSIBILITIES Roads & Maritime Services, HVCBA Accreditation Agreement for Heavy Vehicle Competency Based Assessment, Page WARRANTIES, EXCLUSIONS AND INDEMNITIES 12.2 Bribery and codes (c) Provider and each Assessor must immediately report any evidence or suspicion of bribery, corruption or collusion to the General Manager Governance Branch at RMS or the Independent Commission Against Corruption. (d) In this clause references to "bribery" include requesting or accepting any benefits of any kind from or on behalf of an Applicant for Provider or an Assessor (whether the benefit is for Provider or Assessor or a third person) but excludes any training or assessment fee which Provider usually charges.