13Appendices#

13.1Appendix A – Decision support tool for processing drive past a restricted road use notice application (during wet weather and flooding)#

The following decision support tools assist with the application and approval process for processing drive past a restricted road use notice application (during wet weather and flooding). Copies have been extracted for convenience below. The copy below is uncontrolled and users should always refer to the departmental intranet for the current version.

Table 13.1(a) – Application for single trip / multi-trip

Questions	Yes	No
Have you sighted the applicant's driver licence for identification purposes?	Continue with assessment.	Determine who the application is for and/or if driver licence is available. Otherwise do not proceed.
Has the applicant completed a Corporate Form F5065?	Continue with assessment.	Complete form where appropriate, such as due to circumstances or assist applicant to complete form if unable to do so.
Single-trip Is reason for the applicant’s request considered to be essential travel (for example, delivery / accessing food, water, power, or fuel to isolated areas)? Or Multi-trip Is the reason for applicant's request because they need to access their residence, property, business, or essential services and the SCR has been / will be restricted for an extended period?	Continue with assessment.	Deny request.
Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?	Deny request.	Continue with assessment.
Has a SCR and/or bridge inspection been undertaken?	Continue with assessment.	Inspection to be undertaken, where appropriate / possible, before approval.
Does the applicant need to hold a permit, based on mass limit or dimension limits to move on the SCR?	Heavy Vehicle Unit of Transport and Main Roads region must give confirmation that this application qualifies to proceed in the first instance.	Continue with assessment where applicant is not required to hold a permit in accordance with guidelines or Heavy Vehicle National Law.
Can applicant’s heavy vehicle load be broken down if necessary?	Continue with assessment.	Deny request.
Has a Transport and Main Roads reference number been obtained?	Continue with process.	Must be obtained and inserted on approval letter.
Has the local QPS Officer and/or local government authorities been advised of this approval?	Continue with process.	To be arranged ASAP to comply with policy.
Has the local QPS consulting Officer’s name been included on the approval?	Continue with process.	Must be completed on approval letter.
Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?	Continue with process.	Legal delegate must approve application before process can proceed.

Table in words

For the question "Have you sighted the applicant's driver licence for identification purposes?", the answer Yes is "Continue with assessment." and the answer No is "Determine who the application is for and/or if driver licence is available. Otherwise do not proceed."
For the question "Has the applicant completed a Corporate Form F5065?", the answer Yes is "Continue with assessment." and the answer No is "Complete form where appropriate, such as due to circumstances or assist applicant to complete form if unable to do so."
For the question "Single-trip Is reason for the applicant’s request considered to be essential travel (for example, delivery / accessing food, water, power, or fuel to isolated areas)? Or Multi-trip Is the reason for applicant's request because they need to access their residence, property, business, or essential services and the SCR has been / will be restricted for an extended period?", the answer Yes is "Continue with assessment." and the answer No is "Deny request."
For the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer Yes is Deny request.
For the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer No is Continue with assessment.
For the question "Has a SCR and/or bridge inspection been undertaken?", the answer Yes is Continue with assessment.
For the question "Has a SCR and/or bridge inspection been undertaken?", the answer No is Inspection to be undertaken, where appropriate / possible, before approval.
For the question "Does the applicant need to hold a permit, based on mass limit or dimension limits to move on the SCR?", the answer Yes is Heavy Vehicle Unit of Transport and Main Roads region must give confirmation that this application qualifies to proceed in the first instance.
For the question "Does the applicant need to hold a permit, based on mass limit or dimension limits to move on the SCR?", the answer No is Continue with assessment where applicant is not required to hold a permit in accordance with guidelines or Heavy Vehicle National Law.
For the question "Can applicant’s heavy vehicle load be broken down if necessary?", the answer Yes is Continue with assessment.
For the question "Can applicant’s heavy vehicle load be broken down if necessary?", the answer No is Deny request.
For the question "Has a Transport and Main Roads reference number been obtained?", the answer Yes is Continue with process.
For the question "Has a Transport and Main Roads reference number been obtained?", the answer No is Must be obtained and inserted on approval letter.
For the question "Has the local QPS Officer and/or local government authorities been advised of this approval?", the answer Yes is Continue with process.
For the question "Has the local QPS Officer and/or local government authorities been advised of this approval?", the answer No is To be arranged ASAP to comply with policy.
For the question "Has the local QPS consulting Officer’s name been included on the approval?", the answer Yes is Continue with process.
For the question "Has the local QPS consulting Officer’s name been included on the approval?", the answer No is Must be completed on approval letter.
For the question "Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?", the answer Yes is Continue with process.
For the question "Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?", the answer No is Legal delegate must approve application before process can proceed.

Questions	Yes	No
Has Transport and Main Roads legal delegate signed the approval?	Continue with process.	Approval letter must be signed before process can proceed.
Has the approval been recorded in regional records? Where possible, the original should be retained by Transport and Main Roads for record keeping and auditing, with a copy provided to the applicant.	Continue with process.	Process must be recorded to comply with policy.
If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to the applicant for their records?	Continue with process.	To be arranged ASAP to comply with policy.
Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?	Deny request.	Continue with assessment.
Has a road and/or bridge inspection been undertaken?	Continue with assessment.	Inspection to be undertaken, where appropriate / possible, before approval.
Has the applicant's human rights been considered and documented in making this decision in accordance with the requirements?	Continue with assessment.	To be undertaken prior to continuing assessment.

Table in words

For the question "Has Transport and Main Roads legal delegate signed the approval?", the answer Yes is Continue with process.
For the question "Has Transport and Main Roads legal delegate signed the approval?", the answer No is Approval letter must be signed before process can proceed.
For the question "Has the approval been recorded in regional records? Where possible, the original should be retained by Transport and Main Roads for record keeping and auditing, with a copy provided to the applicant.", the answer Yes is Continue with process.
For the question "Has the approval been recorded in regional records? Where possible, the original should be retained by Transport and Main Roads for record keeping and auditing, with a copy provided to the applicant.", the answer No is Process must be recorded to comply with policy.
For the question "If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to the applicant for their records?", the answer Yes is Continue with process.
For the question "If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to the applicant for their records?", the answer No is To be arranged ASAP to comply with policy.
For the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer Yes is Deny request.
For the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer No is Continue with assessment.
For the question "Has a road and/or bridge inspection been undertaken?", the answer Yes is Continue with assessment.
For the question "Has a road and/or bridge inspection been undertaken?", the answer No is Inspection to be undertaken, where appropriate / possible, before approval.
For the question "Has the applicant's human rights been considered and documented in making this decision in accordance with the requirements?", the answer Yes is Continue with assessment.
For the question "Has the applicant's human rights been considered and documented in making this decision in accordance with the requirements?", the answer No is To be undertaken prior to continuing assessment.

Table 13.1(b) – Approval for single trip / multi-trip

Questions	Yes	No
Has a Transport and Main Roads reference number been obtained?	Continue with process.	Must be obtained and inserted on approval letter.
Has the local QPS officer and/or local government authorities been advised of this approval?	Continue with process.	To be arranged ASAP to comply with policy.
Has the police consulting officer’s name been included on the approval?	Continue with process.	Must be completed on approval letter.
Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?	Continue with process.	Legal delegate must approve application before process can proceed.
Has the Transport and Main Roads legal delegate signed the approval?	Continue with process.	Approval letter must be signed before process can proceed.
Has the approval been recorded in Transport and Main Roads' regional records?	Continue with process.	Process must be recorded to comply with policy.
If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to applicant for their records?	Continue with process.	To be arranged ASAP to comply with policy.

Table in words

In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has a Transport and Main Roads reference number been obtained?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has a Transport and Main Roads reference number been obtained?", the answer No is Must be obtained and inserted on approval letter.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the local QPS officer and/or local government authorities been advised of this approval?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the local QPS officer and/or local government authorities been advised of this approval?", the answer No is To be arranged ASAP to comply with policy.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the police consulting officer’s name been included on the approval?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the police consulting officer’s name been included on the approval?", the answer No is Must be completed on approval letter.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?", the answer No is Legal delegate must approve application before process can proceed.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the Transport and Main Roads legal delegate signed the approval?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the Transport and Main Roads legal delegate signed the approval?", the answer No is Approval letter must be signed before process can proceed.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the approval been recorded in Transport and Main Roads' regional records?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "Has the approval been recorded in Transport and Main Roads' regional records?", the answer No is Process must be recorded to comply with policy.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to applicant for their records?", the answer Yes is Continue with process.
In Table 13.1(b) – Approval for single trip / multi-trip, for the question "If appropriate, are arrangements in place for the Application for approval to be posted / emailed / faxed to applicant for their records?", the answer No is To be arranged ASAP to comply with policy.

Table 13.1(c) – Application for Transport Inspector

Questions	Yes	No
Have you sighted the applicant's driver licence and TI badge for identification purposes?	Continue with assessment.	Determine who the application is for and/or if driver licence is available. Otherwise do not proceed.
Has applicant’s application been endorsed by the Transport and Main Roads Compliance Manager / Temporary Road Restriction Coordinator? Where possible, start and end dates for period of approval, if granted, should be included.	Continue with assessment.	Request applicant to refer to Compliance Manager / Temporary Road Restriction Coordinator.
Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?	Deny request.	Continue with assessment.
Have the applicant's human rights been considered and documented in making this decision in accordance with the requirements?	Continue with assessment.	To be undertaken prior to continuing assessment.
Has a road and/or bridge inspection been undertaken?	Continue with assessment.	Inspection to be undertaken before assessment for approval.

Table in words

In Table 13.1(c) – Application for Transport Inspector, for the question "Have you sighted the applicant's driver licence and TI badge for identification purposes?", the answer Yes is Continue with assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Have you sighted the applicant's driver licence and TI badge for identification purposes?", the answer No is Determine who the application is for and/or if driver licence is available. Otherwise do not proceed.
In Table 13.1(c) – Application for Transport Inspector, for the question "Has applicant’s application been endorsed by the Transport and Main Roads Compliance Manager / Temporary Road Restriction Coordinator? Where possible, start and end dates for period of approval, if granted, should be included.", the answer Yes is Continue with assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Has applicant’s application been endorsed by the Transport and Main Roads Compliance Manager / Temporary Road Restriction Coordinator? Where possible, start and end dates for period of approval, if granted, should be included.", the answer No is Request applicant to refer to Compliance Manager / Temporary Road Restriction Coordinator.
In Table 13.1(c) – Application for Transport Inspector, for the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer Yes is Deny request.
In Table 13.1(c) – Application for Transport Inspector, for the question "Will the safety of the applicant, other persons or Transport and Main Roads staff / Contractors be placed at risk by granting approval?", the answer No is Continue with assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Have the applicant's human rights been considered and documented in making this decision in accordance with the requirements?", the answer Yes is Continue with assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Have the applicant's human rights been considered and documented in making this decision in accordance with the requirements?", the answer No is To be undertaken prior to continuing assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Has a road and/or bridge inspection been undertaken?", the answer Yes is Continue with assessment.
In Table 13.1(c) – Application for Transport Inspector, for the question "Has a road and/or bridge inspection been undertaken?", the answer No is Inspection to be undertaken before assessment for approval.

Table 13.1(d) – Approval for Transport Inspector

Questions	Yes	No
Has a Transport and Main Roads reference number been obtained?	Continue with process.	Must be obtained and inserted on approval letter.
Has the local QPS officer and/or local government authorities been advised of approval?	Continue with process.	To be arranged ASAP to comply with policy.
Is the approving delegate in a Transport and Main Roads role that holds a delegation under s 46(4)(b) Transport Infrastructure Act 1994 (Qld) Instrument of Delegation and Schedule of Delegations?	Continue with process.	Legal delegate must approve application before process can proceed.
Has the Transport and Main Roads legal delegate signed the approval?	Continue with process.	Approval letter must be signed before process can proceed.
Has the approval been recorded in Transport and Main Roads records?	Continue with process.	Process must be recorded to comply with policy.

13.2Appendix B – Human Rights Compatibility Assessment#

The following Human Rights Compatibility Assessment is available on the departmental intranet. A copy has been extracted for convenience below. The copy below is uncontrolled and users should always refer to the departmental intranet for the current version.

Background#

Under section 58(1) of the Human Rights Act 2019 (the HR Act), public entities (which includes Transport and Main Roads, its officers, employees, consultants and Contractors) are required to:

act and make decisions in a way that is compatible with human rights, and
give proper consideration to human rights when making a decision.

According to section 58(5) of the HR Act, giving proper consideration to human rights involves:

identifying the human rights that are relevant, and
considering whether the decision would be compatible with those human rights.

Under section 8 of the HR Act, an act or decision will be compatible with human rights if:

it does not limit any human right, or
it limits human rights only to the extent that is reasonable and justified.

Section 13(1) of the HR Act provides that 'A human right may be subject under law only to reasonable limits that can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom.'

In deciding whether a limit on a human right will be reasonable and justified, the following factors may be relevant (s13(2) of the HR Act):

is authorised by law (s13(1))
has a proper purpose (s13(2)(b))
is rationally connected to that proper purpose, in the sense that it helps to achieve the purpose (s13(2)(c))
is necessary, in the sense that there is no less restrictive and reasonably available way to achieve the purpose (s13(2)(d)), and
strikes a fair balance between the importance of the proper purpose and the importance of the human right ((s13(2)( e), (f) and (g))

The purpose of this human rights assessment is to ensure compliance with these human rights obligations.

1.Describe the ACTION OR DECISION that this assessment considers (in detail):
2.Is it possible the decision could directly or indirectly affect the interests of a natural person / individual?
3.Is there a discretion available to the decision-maker to take the proposed action or decision?
4.Are any human rights relevant to the proposed act or decision? A human right will be relevant if it is potentially limited or promoted by the act or decision.

Table 13.2(a) – Human Rights legislated in the Human Rights Act 2019 (Qld)

Pinpoint references (HR Act)
☐	Right to equality and non-discrimination (section 15) Recognition and equality before the law	☐	Cultural rights – generally (section 27) Cultural rights—generally
☐	Right to life (section 16) Right to life	☐	Cultural rights – Aboriginal peoples and Torres Strait Islander peoples (section 28) Cultural rights—Aboriginal peoples and Torres Strait Islander peoples
☐	Protection from torture and cruel, inhuman or degrading treatment (section 17) Protection from torture and cruel, inhuman or degrading treatment	☐	Right to liberty and security of person (section 29) Right to liberty and security of person
☐	Freedom from forced work (section 18) Freedom from forced work	☐	Right to humane treatment when deprived of liberty (section 30) Humane treatment when deprived of liberty
☐	Freedom of movement (section 19) Freedom of movement	☐	Fair hearing (section 31) Fair hearing
☐ Freedom of thought, conscience, religion and belief (section 20) Freedom of thought, conscience, religion and belief	☐ Rights in criminal proceedings (Section 32) Rights in criminal proceedings
☐ Freedom of expression (section 21) Freedom of expression	☐ Children in the criminal process (section 33) Children in the criminal process
☐ Peaceful assembly and freedom of association (section 22) Peaceful assembly and freedom of association	☐ Right not to be tried or punished more than once (section 34) Right not to be tried or punished more than once
☐ Taking part in public life (section 23) Taking part in public life	☐ Retrospective criminal laws (section 35) Retrospective criminal laws
☐ Property rights (section 24) Property rights	☐ Right to education (section 36) Right to education
☐ Privacy and reputation (section 25) Privacy and reputation	☐ Right to health services (section 37) Right to health services
☐ Protection of families and children (section 26) Protection of families and children

Table in words

The right to equality and non-discrimination (section 15) Recognition and equality before the law is a human right legislated in the Human Rights Act 2019 (Qld).
The right to life (section 16) Right to life is a human right legislated in the Human Rights Act 2019 (Qld).
Protection from torture and cruel, inhuman or degrading treatment (section 17) Protection from torture and cruel, inhuman or degrading treatment is a human right legislated in the Human Rights Act 2019 (Qld).
Freedom from forced work (section 18) Freedom from forced work is a human right legislated in the Human Rights Act 2019 (Qld).
Freedom of movement (section 19) Freedom of movement is a human right legislated in the Human Rights Act 2019 (Qld).
Cultural rights – generally (section 27) Cultural rights—generally is a human right legislated in the Human Rights Act 2019 (Qld).
Cultural rights – Aboriginal peoples and Torres Strait Islander peoples (section 28) Cultural rights—Aboriginal peoples and Torres Strait Islander peoples is a human right legislated in the Human Rights Act 2019 (Qld).
The right to liberty and security of person (section 29) Right to liberty and security of person is a human right legislated in the Human Rights Act 2019 (Qld).
The right to humane treatment when deprived of liberty (section 30) Humane treatment when deprived of liberty is a human right legislated in the Human Rights Act 2019 (Qld).
Fair hearing (section 31) Fair hearing is a human right legislated in the Human Rights Act 2019 (Qld).
The table lists pinpoint references in the HR Act: Freedom of thought, conscience, religion and belief (section 20) and Rights in criminal proceedings (Section 32).
The table lists pinpoint references in the HR Act: Freedom of expression (section 21) and Children in the criminal process (section 33).
The table lists pinpoint references in the HR Act: Peaceful assembly and freedom of association (section 22) and Right not to be tried or punished more than once (section 34).
The table lists pinpoint references in the HR Act: Taking part in public life (section 23) and Retrospective criminal laws (section 35).
The table lists pinpoint references in the HR Act: Property rights (section 24) and Right to education (section 36).
The table lists pinpoint references in the HR Act: Privacy and reputation (section 25) and Right to health services (section 37).
The table lists pinpoint references in the HR Act: Protection of families and children (section 26).

Explain how these human rights are relevant in detail, for each human right:

5. Are any human rights limited by the proposed act or decision? A human right will be limited if the action or decision places limitations or restrictions, or interferes with, the human rights of a person.

The act or decision is compatible with human rights. Explain why the act or decision does not limit relevant human rights below.

Yes

Identify which human rights are limited and why. Proceed to step 6.

Table 13.2(b) – Human Rights legislated in the Human Rights Act 2019 (Qld)

Pinpoint reference of the HR Act
☐ Right to equality and non-discrimination (section 15)	☐ Cultural rights – generally (section 27)
☐ Right to life (section 16)	☐ Cultural rights – Aboriginal peoples and Torres Strait Islander peoples (section 28)
☐ Protection from torture and cruel, inhuman or degrading treatment (section 17)	☐ Right to liberty and security of person (section 29)

Pinpoint reference of the HR Act
☐ Freedom from forced work (section 18)	☐ Right to humane treatment when deprived of liberty (section 30)
☐ Freedom of movement (section 19)	☐ Fair hearing (section 31)
☐ Freedom of thought, conscience, religion and belief (section 20)	☐ Rights in criminal proceedings (Section 32)
☐ Freedom of expression (section 21)	☐ Children in the criminal process (section 33)
☐ Peaceful assembly and freedom of association (section 22)	☐ Right not to be tried or punished more than once (section 34)
☐ Taking part in public life (section 23)	☐ Retrospective criminal laws (section 35)
☐ Property rights (section 24)	☐ Right to education (section 36)
☐ Privacy and reputation (section 25)	☐ Right to health services (section 37)
☐ Protection of families and children (section 26)

Explain why limited or not limited (in detail, for each human right):

6. Is the proposed act or decision authorised by law?

The act or decision is not authorised by law.

Yes

Identify the legal authority for the act or decision (in detail).

7. Does the proposed act or decision have a proper purpose?

The act or decision is not compatible with human rights.

Yes

What is the purpose (in detail)?

8. Does the proposed act or decision help to achieve that purpose?

The act or decision is not compatible with human rights.

Yes

How does it help to achieve the purpose (in detail)?

9. Is there a less restrictive and reasonable available way(s) to achieve the purpose?

Yes

The act or decision is not compatible with human rights.

Explain the alternatives that were considered and why they are not less restrictive or reasonably available (in detail):

10. Does the proposed act or decision strike a fair balance between the importance of the proper purpose and the importance of the human right(s)?

The act or decision is not compatible with human rights.

Yes

The act or decision is compatible with human rights.

Explain why it is important to achieve the purpose of the act or decision. Explain the importance of the human right, including the extent of the impact on the human right. Explain why one outweighs the other (in detail).

DECISION:#

The proposed act or decision is / is not compatible with human rights. (Circle the applicable)

SIGNED:#

INSERT NAME OF DECISION-MAKER

POSITION TITLE:#

DIVISION:#

INSERT POSITION TITLE

DATE:#

INSERT DATE