Why do this course?​

 

The Work Health and Safety (WHS) Act places a positive, personal duty on the Officers of the organisation to ensure the organisation complies with its requirements under WHS law. Directors, and CEOs (as officers) must exercise "due diligence" in ensuring these legal requirements are met. 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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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.

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The WHS Act outlines six specific elements of due diligence. With examples thee amount to 11 routine actions required of directors and CEOs 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.

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Sections 14 and 272 of the WHS Act emphasize that WHS duties are non-delegable duties. Officers may utilise their leadership team to gather information and implement processes, but the legal responsibility remains entirely on them. 

 

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: ​This short course is focused on the specific duties that Directors and CEOs (as "officers of the PCBU) 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 executive in a business who is identified as an Officer of the PCBU, as per 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.

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Course numbers: ​Maximum: 16 participants.

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