The obligation
If a corporation contravenes the Act or regulations, each director and manager is taken to have contravened the same provision unless a defence applies.
This applies to each director and each person concerned in the management of the corporation, whether the corporation's contravention is by act or omission. A director or manager avoids liability by satisfying the court that they were not in a position to influence the corporation's conduct in relation to the contravention. Alternatively, they must satisfy the court that, being in such a position, they used all due diligence to prevent the contravention.
- What
- If a corporation contravenes the Act or regulations, each director and manager is taken to have contravened the same provision unless a defence applies.
- Source
- legislation.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
Liability of directors and managers for corporate offences is a WHS requirement set out in Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). The relevant provision is Dangerous Goods (Road and Rail Transport) Act 2008 > s 12 § 12.
What does this WHS obligation require?
Liability of directors and managers for corporate offences is a WHS obligation under Dangerous Goods (Road and Rail Transport) Act 2008 (NSW). In short, If a corporation contravenes the Act or regulations, each director and manager is taken to have contravened the same provision unless a defence applies.
What changed recently?
Liability of directors and managers for corporate offences was last updated on 19 October 2026.