subject: Who Is An Officer [print this page] An Officer of a person conducting a business or undertaking (PCBU) has a duty to use due diligence to ensure the PCBU complies with its WHS duties and obligations. The word "Officer' includes the directors and very senior management persons in the organisation - they are persons who participate in making decisions affecting the whole, or a substantial part of the organisation. Managers and supervisors who do not make key decisions on how the PCBU operates but instead provide information and implement decisions, are not regarded as Officers.
An Officer includes:
- The Directors, Secretary & CEO of a corporation.
- A person who can significantly
affect the corporations financial
standing.
- A person who makes or participates
in making decisions, that can affect
the whole or substantial part of:
the business of a corporation or entity "
" the business or undertaking of a
public authority or of the Crown
- Members of Boards of Management
of Public Authorities
- Receivers, liquidators,
administrators and certain trustees
Not an Officer:
- Ministers of the Crown
- Elected members of local authorities
- Partners in Partnerships
- Person who is responsible for
implementing the decisions of an
Officer, e.g. Supervisor
Note: Safe Work Australia has published a comprehensive "Interpretive Guideline" on Officers that we recommend you read. See the Publications/Guidance section of their website www.safeworkaustralia.gov.au. For the full definition see sections 4, 247, and 252 of the Work Health & Safety Act 2011, and section 9 of the Corporations Act 2001.
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Expiry of High Risk Licences after 31 December 2012
A number of older licenses will require conversion and renewal before the 31st December otherwise they will expire. For details and what needs to be done go to the WorkCover NSW website:
Have you identified the Officers under WHS law in your organisation and are they aware of their duties? SafeWork Australia has a guideline that can help: