Governance and Due Diligence
Due Diligence Checklist for OfficersDownload
Guidance for Officers in Exercising Due DiligenceDownload
Guide to the WHS ActDownload
Interpretive Guideline to the Model WHS Act (Definition of PCBU)Download
Determine what is “Reasonably Practicable” in Health and Safety DutyDownload
Work Health and Safety legislation requires officers of business’ and undertakings to exercise ‘due diligence’ to ensure that the business or undertaking of which they are an officer is in compliance with the legislation. This is a personal obligation, one that is held separately to that of the business or undertaking, and one for which the officer can be held personally liable. Significant personal penalties can be applied.
The term ‘officer’ is taken from section 9 of the Corporations Act 2001.
To quote Safe Work Australia’s interpretive guideline “An officer can only comply with their duty be taking an active and inquisitive role in the planning and action of health and safety initiatives.” To meet this obligation the officer should ensure there is “an appropriate governance structure with the right people in the right place, who are appropriately authorised and accountable, to enable WHS to be properly attended to.”