What does an ‘Officer’ mean?
An “officer” of a body corporate is defined by reference to section 9 of the Corporations Act 2001 (Cth) i.e. Directors and also other persons who have the capacity to influence the decisions and management of the company. No distinction is made between directors and non-executive directors – the obligation applies equally to both.
WorkCover NSW states, “You will be an ‘officer’ of a person conducting a business or undertaking (PCBU) if you participate in making decisions (as opposed to just implementing them) that affect a substantial part of the business or undertaking.”
An officer includes:
- Directors of a corporation;
- Chief Executive Officers;
- Members of boards;
- Managers of partnerships who are not partners; and
- Office holders of unincorporated bodies and associations.
If you are an officer, you must exercise due diligence to ensure you meet your health and safety duties. Due diligence broadly means knowing the relevant workplace health and safety matters of the business or undertaking, and ensuring appropriate resources are available to manage any risks or hazards.
For any further information contact www.safetyservices.net.au