The obligation
Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties.
Section 27 imposes a personal due diligence duty on officers (directors, partners, executives with significant influence). Due diligence requires acquiring and keeping up-to-date WHS knowledge, understanding operations and hazards, ensuring appropriate resources and processes, and verifying their use. Officers can be prosecuted independently of the PCBU and face substantial penalties including fines and imprisonment for Category 1 and 2 offences.
- What
- Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties.
- Source
- legislation.gov.au
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due-diligence
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Official sources
Frequently asked questions
Which WHS law does this come from?
Officer due diligence obligation (s 27) is a WHS requirement set out in Work Health and Safety Act 2011 (FEDERAL). The relevant provision is Work Health and Safety Act 2011 (Cth) > Part 2 — Health and safety duties > Division 4 § 27.
What does this WHS obligation require?
Officer due diligence obligation (s 27) is a WHS obligation under Work Health and Safety Act 2011 (FEDERAL). In short, Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties.
What changed recently?
Officer due diligence obligation (s 27) was last updated on 26 August 2026.
