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ARTICLE · 28 JULY 2016

A Word Of Advice, On Advice

Seyfarth Shaw LLP
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Are you getting the best advice when it comes to health and safety compliance?

AustraliaEmployment and HR
Paul Cutrone
Paul Cutrone
Jane Hall
Jane Hall
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Are you getting the best advice when it comes to health and safety compliance?

When we deliver legal briefings, both in Australia and internationally, top-of-mind for Boards and Senior Executives is the health, safety and welfare of people affected by their operations. This is how it should be – so everyone breathe a collective sigh of relief (insert sigh).

When it comes to seeking commercially sound legal advice on these issues – whose advice should you be seeking?

Under the model work health and safety laws in Australia, officers have a positive duty to exercise due diligence. This includes taking reasonable steps to ensure they have the relevant knowledge and understanding, or take the relevant decision or action1. SafeWork Australia's Interpretative Guideline2 provides further guidance to officers on what is meant by taking "reasonable steps" in this context:

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