Introduction
This document sets out who is an officer and what the officer duty requires of them. Section 27 of the Work Health and Safety Act 2020 (WHS Act) places a duty on an officer of a person conducting a business or undertaking (PCBU) to exercise due diligence to ensure that the PCBU complies with their duties or obligations under the WHS Act.
Who is an officer?
An ‘officer’ is defined by reference to the definition of ‘officer’ in section 9 of the Commonwealth Corporations Act 2001 (the Corporations Act). It also includes officers of a business or undertaking of the Crown (the Commonwealth, a state or territory) and officers of a public corporation.
What does the officer duty require?
An officer’s duty is to exercise ‘due diligence’ to ensure their PCBU meets its duties to protect workers and other persons against harm to health and safety. Among other things, this means an officer must ensure that the PCBU has in place appropriate systems of work and must actively monitor and evaluate WHS management.
