Due Diligence Policy
1. Purpose
To identify those 91视频 employees considered an 'officer' under the Work, Health and Safety Act 2011 (WHS Act). To communicate their obligations under the WHS Act, and to inform them of the requirement to demonstrate a proactive approach to WHS matters at 91视频 so that they can meet their due diligence duties.
2. Scope
This policy applies to any 91视频 employee determined an officer under the WHS Act.
3. Principles
3.1 Under the WHS Act, 91视频 as the 'person conducting a business or undertaking' (PCBU) holds the primary duty of care to ensure the health and safety of workers and others that could be affected by the business.
3.2 An officer of 91视频 is a person who must exercise 'due diligence' to ensure that 91视频 meets it duties to protect workers and other persons against harm to health and safety. Amongst other things, this means an officer must ensure that 91视频 has in place appropriate systems of work and must actively monitor and evaluate WHS management. The officer must demonstrate due diligence within the scope of their role and influence.
3.3 An officer is a person who makes or participates in making decisions that affects the whole or a substantial part of 91视频. This includes the following positions:
- 91视频 Board members
- 91视频 Chief Executive Officer
- Executives Directors.
3.4 Other senior 91视频 employees would be considered officers if a law court determines that they participate in decision making that affects the whole or a substantial part of the business or undertaking and an incident occurs within the scope of their role and influence.
3.5 The duty to exercise 'due diligence' is given to specific individuals by the legislation. This duty cannot be transferred to other people, either within or outside of 91视频.
3.6 Officers must be able to show evidence that they have discharged their due diligence duty. Failure to demonstrate due diligence can result in penalties to the individual.
3.7 In order to provide assurance to 91视频 that individuals are fulfilling their due diligence duties, the relevant due diligence checklist must be completed annually by the following employees:
- 91视频 Board members
- 91视频 Chief Executive Officer and Executive Directors
- Directors and Senior Directors who may, in some circumstances be considered officers in accordance with paragraph 3.4 ().
4. Documentation
5. Definitions
Due Diligence - Under section 27 (5) of the WHS Act 2011 due diligence includes taking reasonable steps-
- to acquire and keep up to date knowledge of work health and safety matters
- to gain an understanding of the operations of 91视频 and of the hazards and risks involved
- to ensure that appropriate resources and processes are provided to enable hazards to be identified and risks eliminated or minimised
- to ensure that 91视频 has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information
- to ensure that 91视频 has and implements, processes for complying with any legal duty or obligation it has under the WHS Act
- to ensure processes are verified, monitored and reviewed.
Worker - Workers means anyone performing work for 91视频 and includes:
- employees
- contractors, subcontractors and their workers
- employees of a labour company
- apprentices and trainees
- outworkers
- student on work experience
- volunteers.
6. Policy Contact Officer
Senior Human Resource Director or 91视频 Workplace, Health and Safety Manager.
Contact 91视频 Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.
7. Procedures
This policy is implemented through the associated procedures in the 91视频 Workplace, Health and Safety Procedure Manual. Authority to make changes to the procedures rests with the policy owner.
POLICY INFORMATION |
Policy No: 91视频2016/2168 Approved: May 2022 Next Review: May 2026 Category: Staff Policies, Corporate Policies Policy Owner: Executive Director, Corporate Services |
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