The obligation
Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties. Officers can be personally prosecuted.
Section 27 requires officers of a PCBU to exercise due diligence to ensure the PCBU complies with its WHS duties. Due diligence includes acquiring and keeping up-to-date WHS knowledge, understanding the business's operations and hazards, and ensuring appropriate resources and processes. Officers face Category 1 or 2 penalties independent of PCBU liability. This duty cannot be transferred or delegated away.
- What
- Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties. Officers can be personally prosecuted.
- Source
- legislation.nt.gov.au
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Frequently asked questions
Which WHS law does this come from?
Officer Due Diligence Duty (s 27) is a WHS requirement set out in Work Health and Safety (National Uniform Legislation) Act 2011 (NT). The relevant provision is NT WHS Act 2011 > Part 2 — Health and Safety Duties > Division 4 § s 27.
What does this WHS obligation require?
Officer Due Diligence Duty (s 27) is a WHS obligation under Work Health and Safety (National Uniform Legislation) Act 2011 (NT). In short, Officers of a PCBU must exercise due diligence to ensure the PCBU complies with its WHS duties. Officers can be personally prosecuted.