Subpart 3—Duties of officers, workers, and other persons

44 Duty of officers

(1)

If a PCBU has a duty or an obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation.

(2)

For the purposes of subsection (1), an officer of a PCBU must exercise the care, diligence, and skill that a reasonable officer would exercise in the same circumstances, taking into account (without limitation)—

(a)

the nature of the business or undertaking; and

(b)

the position of the officer and the nature of the responsibilities undertaken by the officer.

(3)

Despite subsection (1), a member of the governing body of a territorial authority or regional council elected in accordance with the Local Electoral Act 2001 does not have a duty to exercise due diligence to ensure that any council-controlled organisation (as defined in section 6 of the Local Government Act 2002) complies with its duties or obligations under this Act unless that member is also an officer of that council-controlled organisation.

(4)

In this section, due diligence includes taking reasonable steps—

(a)

to acquire, and keep up to date, knowledge of work health and safety matters; and

(b)

to gain an understanding of the nature of the operations of the business or undertaking of the PCBU and generally of the hazards and risks associated with those operations; and

(c)

to ensure that the PCBU has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking; and

(d)

to ensure that the PCBU has appropriate processes for receiving and considering information regarding incidents, hazards, and risks and for responding in a timely way to that information; and

(e)

to ensure that the PCBU has, and implements, processes for complying with any duty or obligation of the PCBU under this Act; and

(f)

to verify the provision and use of the resources and processes referred to in paragraphs (c) to (e).

Compare: Model Work Health and Safety Act (Aust) s 27(1), (5)