Overview of the Act

From 1 August 2008:

If the Act applies to you, you cannot claim that part or all of it does not apply, or that it applies in a different way.
A party to an owner-driver contract cannot give away or bargain away any of the rights that the Act gives them.
The "unconscionable conduct" rule applies.
Owner-drivers will be allowed to collectively bargain with a hirer.
An owner-driver or group of owner-drivers can appoint a person or group to be their negotiating agent.
A hirer can appoint a person or group to be their negotiating agent.
Owner-drivers and hirers will have access to a low-cost dispute resolution process: the Road Freight Transport Industry Tribunal.
The Road Freight Transport Industry Council commences operation.
If an owner-driver contract does not have a written provision for one or more of the following, the Act will imply standard provisions for them:
- A time limit for when payment must be made
- Interest payable on overdue amounts
- How to make a claim for payment

From 1 February 2009:

The six-month transition period has ended, so all owner-driver contracts and agreements must fully comply with the Act.
An owner-driver contract or agreement cannot include an "if paid / when paid" provision. If that provision is included, it will have no effect.
Payments must be made within the following periods of receiving a claim for payment:
- 14 days (if there is nothing written in the owner-driver contract about payment time limits); or
- Within 30 days (in any other case).
Interest will be payable on overdue amounts (see the question about interest payable).

Freight