InMotion May 2022 – Due Diligence and Officer Obligations

Did you know that ignorance is not a defence should a Person Conducting a Business or Undertaking (PCBU) or an officer of a PCBU be prosecuted for a breach of a state or territory Work Health and Safety (WHS) Act? Did you know that a PCBU or an officer of a PCBU needs to be able to show evidence that demonstrates they have taken all reasonably practicable steps to acquire knowledge of, and exercised due diligence in ensuring, their WHS duties and obligations?

While PCBUs and their Officers are generally aware that they have a primary duty of care for workers, they do not necessarily understand the full extent of these duties, how to go about meeting them or what may or may not be considered reasonably practicable in their workplaces.

In this InMotion, we will further explore duty of care by looking into the meaning of due diligence, the duties of Officers and how your organisation can meet due diligence expectations.