In the 14 months since February 2018, the NSW District Court has
convicted and fined at least 12 individual officers for failing to
comply with their due diligence obligations under section 27 of the
Work Health and Safety Act 2011 (NSW) (WHS
Act). While the average fine has been only approximately
$16,000, the importance of complying with these obligations was
recently highlighted when an officer in Queensland was sentenced to
12 months jail for failing to comply with his due diligence
obligations.
Council's officers are not immune from similar enforcement
action.
Officers of councils in NSW have a duty to 'exercise due
diligence' to ensure that their council complies with its own
duties and obligations under the Act, including Council's
primary duty to ensure, so far as reasonably practicable, the
health and safety of workers and other persons.
