Why do this course?​

 

Under the Work Health and Safety (WHS) Act, the primary duty holder is the Person Conducting a Business or Undertaking (PCBU). A PCBU is a legal entity, not a human being. While the PCBU holds the overarching responsibility to ensure a safe workplace (ref Section 19 of the WHS Act) a "name on paper" cannot act on its own. Therefore, the law places a positive, personal duty on the "Officers" of that legal entity to ensure compliance.

 

As defined in Section 27 of the WHS Act, Officers (including Directors, CEOs, and senior decision-makers) hold a non-delegable duty to exercise "Due Diligence." This is a standalone, individual legal obligation.

 

Crucially, an Officer can be prosecuted for a failure in this assurance role regardless of whether a workplace incident has occurred or whether the PCBU itself has been charged.

 

While the WHS Act outlines six specific elements of due diligence, with examples given, these translate into 11 routine actions required of Directors to demonstrate active safety leadership. These actions ensure that the PCBU’s safety management system is not just a "paper exercise" but is functional and effective.

 

Under S.14 and S.272 of the WHS Act, while you may utilize your leadership team to gather information and implement processes, the legal responsibility remains with you, as Director, CEO or an Officer of the organisation. You cannot contract out or "delegate away" your personal liability.

 

Since 2024, the legal landscape has shifted significantly. Officers now face increased scrutiny under Industrial Manslaughter laws, where gross negligence can lead to substantial terms of imprisonment and multi-million-dollar fines that cannot be covered by corporate insurance.

 

Jurisdictional Note: This description and the associated training are designed for jurisdictions operating under the Model WHS Laws, i.e. NSW, QLD, WA, SA, NT, ACT, and TAS). It is not suitable for Victorian operations, as the Victorian OHS Act 2004 utilizes a different legal framework for officer liability and does not codify "due diligence" in the same manner.

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Course Aims

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This short course is focused on the specific duties that directors must perform as per Section 27 of the WHS Act that demonstrate proof of their "due diligence" obligations under WHS Law.

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Who Should Do the Course?

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Any executive in a business who is identified as an Officer of the PCBU, as per the meaning of "officer" in the Corporations Act 2001. 

 

Duration    

 

2 Hours

 

Delivery locations

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This course is available for delivery at your workplace and is ideally conducted in the actual workplace of participants.

 

Course numbers

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Recommended limit 16 participants.

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