The obligation
Officers such as company directors must exercise due diligence so the PCBU meets its WHS duties on sexual and gender-based harassment.
This duty sits in section 27 of the NSW WHS Act. It includes taking reasonable steps so the PCBU has and uses suitable resources and processes to eliminate or minimise harassment risks, such as safe systems of work and safe work environments. Officers should actively check compliance, for example by asking for risk assessments and incident notifications instead of waiting to be told. They should also verify that those resources and processes are provided, used and working effectively.
- What
- Officers such as company directors must exercise due diligence so the PCBU meets its WHS duties on sexual and gender-based harassment.
- Source
- safework.nsw.gov.au
description
Full analysis
lock
Free account
tips_and_updates
What this means for you
lock
Free account
lock_open
Read the full analysis, tailored to your industry
- star
Impact summary tailored to your industry
- check_circle
Full plain-English analysis of what changed
- check_circle
Email alerts & digests when this law changes
- check_circle
Compliance self-assessment tools
Frequently asked questions
Which WHS law does this come from?
Officers' due diligence on harassment risks is a WHS requirement set out in Sexual and gender-based harassment (NSW). It is made under Work Health and Safety Act 2011 (NSW). The relevant provision is Sexual and gender-based harassment > Officers.
What does this WHS obligation require?
Officers' due diligence on harassment risks is a WHS obligation under Sexual and gender-based harassment (NSW). In short, Officers such as company directors must exercise due diligence so the PCBU meets its WHS duties on sexual and gender-based harassment.
What changed recently?
Officers' due diligence on harassment risks was last updated on 19 October 2026.