Who is an Officer?
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Courtenell Pty Ltd

as Trustee for the Vowles Family Trust

WHS Training Specialists, Sydney, Australia  

train@courtenell.com.au ~ PO Box 622 Broadway NSW 2007

ABN: 42164393628 ~ ACN: 050109281

This publication provides general information about WHS. It is not a legal opinion and does not

represent a comprehensive statement of the law to be applied to a particular problem.

 Brought to you by Courtenell Pty Ltd, Work Health & Safety Training Specialists.

ABN 42164393628 ~ Fax : 02 9516 3644 ~ Email : train@courtenell.com.au ~ Website : www.courtenell.com.au

Phone : 02 9516 1499 ~ If you need any more information, you can contact us by phone, email or by fax anytime.

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Who is an Officer

An Officer of a person conducting a business or undertaking (PCBU) has a duty to use due diligence to ensure the PCBU complies with its WHS duties and obligations.

The word ‘Officer’ includes the directors and very senior management persons in the organisation - they are persons who participate in making decisions affecting the whole, or a substantial part of the organisation. Managers and supervisors who do not make key decisions on how the PCBU operates but instead provide information and implement decisions, are not regarded as Officers.

An Officer includes

The Directors, Secretary & CEO of a corporation

A person who can significantly affect the corporations financial standing

A person who makes or participates in making decisions, that can affect the whole or substantial part of:

- the business of a corporation or entity

- the business or undertaking of a public authority or of the Crown

Members of Boards of Management of Public Authorities

Receivers, liquidators, administrators and certain trustees

Not an Officer

Ministers of the Crown

Elected members of local authorities

Partners in Partnerships

Person who is responsible for implementing the decisions of an Officer, e.g. Supervisor

Note: Safe Work Australia has published a comprehensive “Interpretive Guideline” on Officers that we recommend you read. See the Publications/Guidance section of their website www.safeworkaustralia.gov.au. For the full definition see sections 4, 247, and 252 of the Work Health & Safety Act 2011, and section 9 of the Corporations Act 2001.

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