The definition of an officer for the purposes of the Model Work Health and Safety Act (Model Act) is set out in s 4 of the Model Act. In this definition, “officer” means:

• an officer within the meaning of section 9 of the Corporations Act 2001 (Cth) other than a partner in a partnership;

• an officer of the Crown; or

• an officer of a public authority, other than an elected member of a local authority acting in that capacity.

See Who is an officer?

Officers are required to exercise due diligence to ensure the person conducting the business or undertaking complies with any duty or obligation imposed on it by the Model Act.

Officers are no longer liable as accessories or through attributed liability; instead they owe a continuous positive duty to ensure compliance under the Model Act.

The standard of the duty of due diligence is what is “reasonably practicable”. The duty requires the officer to take “reasonable steps” to ensure they have the relevant knowledge and understanding, or the relevant decision or action has been taken. Section 27(5) of the Model Act contains a non-exhaustive list of “reasonable steps” which will be required in the exercise of due diligence.

Failure to exercise due diligence exposes officers to significant penalties, either as an officer or as an individual.

See Officers and the duty of due diligence.