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Legislation Monitor

Each Duty Holder Keeps Responsibility When Duties Are Shared

Act version as at 26 Nov 2025 From Work Health and Safety Act 2011, no changes tracked yet
Medium severity
ACT Work Health and Safety Act 2011 (ACT) > Part 2 > Division 2.1
The obligation
Where several people hold a duty for the same matter, each keeps responsibility for their own duty and must discharge it to the extent they can influence and control the matter.
An agreement or arrangement that tries to limit or remove a person's capacity to influence and control the matter does not reduce the duty; it is measured as if that capacity still existed. Duties cannot be transferred, and one person may hold more than one duty.
What
Where several people hold a duty for the same matter, each keeps responsibility for their own duty and must discharge it to the extent they can influence and control the matter.
Source
legislation.act.gov.au

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Official sources
Frequently asked questions

Which WHS law does this come from?

Each Duty Holder Keeps Responsibility When Duties Are Shared is a WHS requirement set out in Work Health and Safety Act 2011 (ACT). The relevant provision is Work Health and Safety Act 2011 (ACT) > Part 2 > Division 2.1.

What does this WHS obligation require?

Each Duty Holder Keeps Responsibility When Duties Are Shared is a WHS obligation under Work Health and Safety Act 2011 (ACT). In short, Where several people hold a duty for the same matter, each keeps responsibility for their own duty and must discharge it to the extent they can influence and control the matter.

What changed recently?

Each Duty Holder Keeps Responsibility When Duties Are Shared was last updated on 17 October 2026.

About this Topic

JurisdictionACT
CountryAustralia
Updates trackedMonitoring
Monitoring detail
First seenOct 2026