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ICA launches Constitutional challenge to anti-truckie laws

Tuesday, April 12, 2016

You’ll be aware of our campaign to stop the Road Safety Remuneration Tribunal.

We can now advise that, as of 4.10pm today in Sydney, the High Court confirmed the filing of Independent Contractors Australia’s constitutional challenge to the Road Safety Remuneration Tribunal Act. ICA is asking the High Court to consider that the Commonwealth does not have the power to fix prices and therefore that the RSRT Act is invalid and that any orders of the Tribunal are consequently invalid.

ICA has at the same time asked for an urgent injunction against the Tribunal and its orders that would effectively freeze the Tribunal’s orders until such time as the constitutional questions have been answered. We are in the hands of the High Court in terms of the timing of an injunction decision. We hope it will be soon.

Last week we asked for your owner-driver stories. We have been inundated. We have not been able to reply or process the huge number. But our massive thanks. We worked with several people to turn their stories into affidavits which involves a lot of work for filing with the High Court. We will ring these people to thank them.

This is the first phase of a lot of work. We may need to use many more stories in affidavits.

Thanks also to the huge number of people who have joined ICA. Your money is going to the legal fees but we will need to raise a good deal more. Lawyers for High Court challenges are expensive.

We will keep you informed.


Jim Davidson commented on 12-Apr-2016 07:24 PM
Excellent work people. Good move as this bs not only affects the owner drivers, it also affects country towns, civil contractors, small mine sites, service businesses, farmers, EVERYONE who lives or works or relies on the bush. The first owner drivers were the camel and bullock drivers who opened up Australian transport.
Anonymous commented on 12-Apr-2016 09:07 PM
We are owner drivers and support your actions. Thank you
Tom McMurray has been a self employed driver for over 40 plus years. Having negotiated all rates with each company at all times. We have brought up our families and now have grandchildren , never doubting the industry as a good lifestyle and income!
The issue of skipping maintenance is no issue for the owner driver. It is their livelihood . All safety is now controlled by the cameras and the the NHVS (National Heavy Vehicle Accreditation Scheme).
This was introduced many years ago to stop fatigue and all drivers to have sleep breaks. This is the safety !
Most of the accidents reported in the media seem to have been from national owned company drivers. These trucks are on the road 24hours a day with shift drivers. No time for weekly Maintainence etc.
val majkus commented on 13-Apr-2016 10:00 AM
Congratulations on your prompt response to this outrageous tribunal over reach, I'm a retired lawyer and wonder if you could send me via e mail a copy of the document which has been filed with the High Court. I continue to have an interest in legal affairs even though retired and have recently become interested in the powers of Tribunals. Good luck to the truckies in this battle and I'm pleased that Turnbull has belatedly overcome his extraordinary apathy in this matter.

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