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Due Diligence and Harmonisation

Monday, May 23, 2011

The Work Health and Safety Bill 2011 imposes a specific duty on officers of corporations and unincorporated bodies to exercise due diligence to ensure that the corporation, club or association meets its work health and safety obligations.

This is different to the situation existing under the Workplace Health and Safety Act 1995, where corporate officers are deemed to be liable for health and safety offences committed by their corporation unless they can show that they exercised proper diligence to ensure that the corporation complied with the Act or that they were not in a position to influence the conduct of the corporation regarding the offence under the Act.

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