The Work Health & Safety Act 2011 (Qld) (the
Act) imposes a discrete obligation on officers of
persons conducting a business or undertaking (PCBU). In short, such
officers must exercise due diligence to ensure the PCBU complies
with their duties and obligations under the Act.
However, the Act does not contain an extensive definition of the
term "officer" and simply refers to the Corporations
Act 2001 (Cth) (the Corporations Act) for the
definition. The Corporations Act provides an officer is a person
who:
- makes decisions that affect the whole or a substantial part of
the business
- has the capacity to affect significantly the corporation's
financial standing, or
- in accordance with whose instructions or wishes the directors
are accustomed to act (excluding advice given by a person in the
proper performance of functions attaching to the person's
professional capacity or their business relationship with the
director).
