Due diligence

Due diligence is a legal requirement for all employers under NSW health and safety legislation.

Under s27 of the Work Health and Safety Act 2011 NSW (WHS Act), officers must exercise due diligence to ensure the person conducting a business or undertaking (PCBU) complies with its work health and safety (WHS) duties.

‘Due diligence’ includes reasonable steps to:

  • keep WHS knowledge current
  • understand operational hazards or risks
  • ensure resources and processes exist and are used
  • ensure timely response to incident or hazard information
  • ensure compliance with WHS obligations, and verify the above.

The word `diligence’ was considered in SafeWork v Mitchell Doble [2024] NSWDC 58 at [50] to [52] and the following Oxford Dictionary definition was referred to `…constant and earnest effort to accomplish what is undertaken; persistent application and endeavour; industry, assiduity’

Note: a partner in a partnership is not an ‘officer’; an elected member of a local authority acting in that capacity; volunteer officers cannot be prosecuted for a breach of s27.

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