Why do this course?​

 

The Work Health and Safety (WHS) Act places a positive, personal duty on the Officers of an organisation to ensure it is in compliance with WHS law. Directors, and CEOs must exercise "due diligence" to verify that WHS systems are in place and effectively implemented. Such an Officer can be prosecuted for a failure regardless of whether a workplace incident has occurred or whether the organisation itself has been charged.

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In serious cases involving gross negligence, penalties may include substantial fines and imprisonment. Such penalties may not be insurable under corporate insurance arrangements.

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The WHS Act outlines six specific elements of due diligence that must be performed by officers of an organisation. With examples, these amount to 11 routine actions that must be undertaken to demonstrate active safety leadership. These actions ensure that the organisation's safety management system is not just a "paper exercise" but is functional and effective.

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Sections 14 and 272 of the WHS Act reinforce that WHS duties are non-delegable duties. While Officers may rely on others to implement systems and provide information, the Officer remains fully accountable. 

 

Jurisdictional Note: This description and course is designed for jurisdictions operating under the Model WHS Laws, i.e. NSW, QLD, WA, SA, NT, ACT, and TAS. It is not intended for Victorian operations, as the Victorian OHS Act 2004 does not prescribe specific actions, but instead imposes a general obligation of “reasonable care” (s.144). Please see our VIC-specific Directors and Employers course if you wish to train Directors and CEOs of Victorian operations.

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Course Aims: ​This short course is focused on the specific actions that Directors and CEOs 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? ​Any person whose management responsibilities fit the meaning of "Officer" in the Corporations Act 2001. 

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Duration: 2 Hours

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Delivery locations: ​This course is available for delivery at your workplace and is ideally conducted in the actual workplace of participants. Note: this course can also be delivered virtually (MS Teams or Zoom.)

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Course numbers: ​Maximum: 16 participants.

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