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Comcare - Australian Goverment2015
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Officer

Further information

For further information around general harmonisation, the Act and the regulations and codes of practice. Safe Work Australia is an Australian Government statutory agency, which was established to drive the development and implementation of model WHS legislation.

An officer is a senior executive who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking. Officers have a duty to be proactive and continuously ensure that the business or undertaking complies with relevant duties and obligations.

The scope of an officers’ duty is directly related to the influential nature of their position. Continuous examination and care is required to ensure that the resources and systems of the business or undertaking are adequate to comply with the duty of care required under the WHS Act. This also requires officers to ensure that delegations are working effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.

The intention of the officers’ duty is to ensure engagement and leadership by officers in WHS management. This supports sustainability and improvement in WHS performance.

What is required of an officer should be directly related to the influential nature of their position. This is because the officer governs the PCBU and makes decisions for management. Continuous examination and care is required to ensure that the resources and systems of the PCBU are adequate to comply with the duty of care required by the PCBU. This also requires ensuring that they are performing effectively. Where the officer relies on the expertise of a manager or other person, that expertise must be verified and the reliance must be reasonable.

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