Sydney Office

Level 35
201 Elizabeth Street
Sydney NSW 2000

Melbourne Office

Level 13
575 Bourke Street
Melbourne VIC 3000

Brisbane Office

Level 5
231 North Quay
Brisbane QLD 4000

Canberra Office

Level 5
1 Farrell Place
Canberra ACT 2601

Perth Office

Level 10
111 St Georges Terrace
Perth WA 6000

Armstrong Legal Logo

Privacy Policy  |  Terms & Conditions

Copyright © 2019 Armstrong Legal. All rights reserved.

Phone 1300 168 676

I Have Lost My Work Diary – What Do I Do?

I have lost my work diary. I accidentally left it behind at a petrol station and by the time I realised my mistake it was gone. What do I need to do?

There’s nothing worse than the sinking feeling when you realise that you’ve misplaced something important. Thankfully though, the process for dealing with a lost work diary is fairly straight forward.

A person who loses their work diary must follow these steps:

  1. Notify the National Heavy Vehicle Regulator or your local State or Territory road transport authority that your work diary has been lost. You must do this within 2 business days.
  2. Ensure that you have a method of recording your time that complies with the law until you get a new work diary. The only way to do this is by using Supplementary Work Diary Pages. You can download a copy of these from the National Heavy Vehicle Regulator Website. As soon as you receive a new work diary you must stop using Supplementary Work Diary Pages.
  3. Obtain a new work diary. It’s important to do this as soon as possible because you can only use Supplementary Work Diary Pages for up to 7 business days. Once that time period passes it is an offence to continue to use Supplementary Work Diary Pages.
  4. Ensure you are complying with your record keeping obligations. You need to keep copies of your Supplementary Work Diary Pages with you in your vehicle for 28 days. You also need to give a copy to your record keeper within 21 days.

The law also sets out what needs to be done if you do eventually find your work diary. In my experience more people get into trouble for failing to follow the laws surrounding a found work diary than for not taking the correct steps when the diary is originally lost. This may be because this procedure is not as intuitive as the rules for when your work diary is first lost.

If your work diary is found:

  • Do not recommence using your old work diary. You must continue on with your new work diary.
  • Immediately cancel any unused daily sheets.
  • Return the old work diary to the National Heavy Vehicle Regulator. The time limit for doing this varies depending on whether you found it before or after 28 days.

If you find it within 28 days then you need to keep it with you to comply with your record keeping obligations. You should immediately notify the Regulator that you found the old work diary, but you don’t need to send it back immediately. You should return it within 2 business days after the end of the 28 day record keeping period.

If the old work diary is found after 28 days, you must give it to the Regulator as soon as practicable.

  • As with most Regulations under the Heavy Vehicle National Law, there are large fines for failing to follow these laws exactly. You can seek assistance from the National Heavy Vehicle Regulator or a lawyer if you are ever unsure. A quick phone call can save a lot of trouble down the track.
  • Image Credit – Iakov Filimonov ©

    Written by John Sutton on February 4, 2017

    John is the National Director of Criminal Law at Armstrong Legal. The experience John possesses, being a high quality mix of defence and prosecution skills, together with his team at Armstrong Legal, mean you can be certain of accurate, dependable and practical advice on how your matter can dealt with. View John's profile

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100