Policy · Maritime, Shipping & Transport
Chain of Responsibility policy covering AI fatigue detection and telematics
Policy for a heavy vehicle operator that uses AI driver-monitoring, fatigue detection and telematics: how alerts are reviewed by people, how surveillance notice is given, how data is handled and why AI alerts support but never replace the primary duty.
- Kind
- Policy. A policy or procedure for a firm or client.
- Where it applies
- Australia, New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use for road transport operators and other parties in the chain of responsibility in states that apply the Heavy Vehicle National Law and use in-cab cameras, fatigue detection or telematics. Adapt the surveillance section outside NSW. Not for WA or the NT, which have their own heavy vehicle laws.
How AI may be used
This policy is AI-specific. AI alerts are a risk control under the primary duty, not a substitute for it. A competent person reviews alerts before any action affecting a driver, and surveillance and privacy rules are followed.
AI may
- Help draft site-specific procedures from this policy and the operator's system documentation.
- Produce training materials and driver notices from the approved policy.
- Summarise alert data trends for the safety committee, using de-identified data where possible.
AI must not
- Must not be the sole basis for disciplinary action, contract termination or a fitness-for-duty decision.
- Must not be configured or described in a way that pressures drivers to breach work and rest hours or speed limits.
- Must not have its footage or biometric data used for any purpose not stated in the surveillance notice.
The lawyer checks
- The operator is a party in the chain of responsibility in a participating jurisdiction and the HVNL applies.
- Surveillance notice, signage and policy meet the Workplace Surveillance Act (or the local equivalent) before monitoring starts.
- Privacy obligations for contractors and third parties (not covered by the employee records exemption) are met.
- Executives can show due diligence under s 26D using the policy's reporting.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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