top of page

WHS Due Diligence for Officers

Why do this course?
​

It is the Person Conducting a Business or Undertaking (business entity) that is the main WHS duty holder under WHS law and has the overall responsibility to provide the WHS management system that ensures the health and safety of workers while at work (Ref S.19 WHS Act.)

 

As officers of the PCBU, business owners, company directors, and CEOs are tasked with specific responsibilities and activities under Section 27 of the WHS Act to ensure that the business complies with its primary duties. These are non-delegable duties requiring active participation on the part of the officers of the PCBU. 

​

  • The actions an officer does in practice are broadly classified as “exercising due diligence.”

​

  • There are 6 bulleted expectations listed in Section 27 of the WHS Act. With examples provided, the list becomes 11 routine actions that officers of a PCBU must do to demonstrate "due diligence." The list is not exhaustive.

​

  • While the duties are non-delegable duties, officers use their leadership team and other resources to assist with fulfilling their requirements, but may not transfer or subcontract the duty itself to another. (Ref S.14 and S.272 of the WHS Act.)

 

  • There does not need to be an incident for an Officer to breach their duty to exercise due diligence. An officer may be found guilty of an offence whether or not the PCBU has been found guilty or convicted of an offence.

​

​

This course is focused on the specific duties that officers must perform to ensure that the business is in compliance with its requirements under the WHS Act and WHS Regulation.

​

This course is a short course that helps to identify the specific duties required of directors and CEOs (as officers of the business) and what they need to do to demonstrate "due diligence."

​
NOTE: This course is not suitable for businesses who manage operations in Victoria. Victorian health and safety legislation does not specify any direct due diligence functions for officers. Victorian operations must be in compliance with the OHS requirements of their own jurisdiction.
​
Course Aims
​

This course aims to improve the awareness of Officers of a PCBU as to their "due diligence" obligations under Section 27 of the NSW WHS Act 2011. The course is suitable for new directors and business owners as well as serving as a refresher for experienced directors and business owners.

​

Who Should Do the Course?
​

Any person in a business who is identified as an Officer of the PCBU, such as directors, board members, CEO's, and other executives who are officers of the business as per the meaning of "officer" in the Corporations Act 2001. 

 

Duration    

 

2 Hours

 

Delivery locations
​

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

 

Course numbers

​

Recommended limit 16 participants.

​

​

bottom of page