33 More than 1 person may have same duty


More than 1 person may have the same duty imposed by or under this Act at the same time.


Each duty holder must comply with that duty to the standard required by or under this Act even if another duty holder has the same duty.


If more than 1 person has a duty for the same matter, each person—


retains responsibility for that person’s duty in relation to the matter; and


must discharge that person’s duty to the extent to which the person has the ability to influence and control the matter or would have had that ability but for an agreement or arrangement purporting to limit or remove that ability.

Compare: 1992 No 96 s 2(2); Model Work Health and Safety Act (Aust) s 16