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ARTICLE · 03 AUGUST 2026

No Shield For HR: Personal Liability In The Modern Workplace

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AustraliaLaw Practice Management

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Human Resources professionals are often at the heart of an organisation, with deep visibility across operations, resolving issues as they arise and helping ensure the business functions effectively. However in some work place’s HR managers are often pulled from their core jobs to have a more formative role on how the business in run by assisting with decisions of strategy, risk, and guiding executive action, where such power can lead to greater legal exposure.

Laws which expose HR to legal liabilities:

This shift brings HR into closer proximity with legal accountability. Under Australian law, individuals, not just organisations, can be held personally liable for breaches of workplace legislation. In particular, the definition of an “officer” under section 9AD of the Corporations Act 2001 states an officer is a person “who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of

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