Due Diligence Self-Assessment Tool terms of use

The Due Diligence Self-Assessment Tool is owned and operated by the Crown in right of the State of New South Wales acting through the SafeWork NSW Agency (ABN 90 181 234 165), an executive agency related to the Department of Customer Service (the SafeWork NSW Agency).

On this page

1. Acceptance of Terms
2. Using the Due Diligence Self-Assessment Tool
3. Disclaimer
4. Indemnity
5. Limitation of Liability
6. Copyright Information
7. General
8. Amendment

These Terms of Use set out the basis upon which you may access and use the tool.

1. Acceptance of Terms

By accessing or using the tool, you agree to be bound by these Terms of Use. If you do not agree, you cannot proceed with accessing or using the tool and you must stop using the tool immediately.

2. Using the Due Diligence Self-Assessment Tool

The tool has been published by the SafeWork NSW Agency to assist officers of persons conducting a business or undertaking (‘PCBUs’) to:

• self-assess their own knowledge of (and compliance with) their personal due diligence obligations under the Work Health and Safety Act 2011 (NSW) (the‘WHS Act’); and
• take positive steps to improve this knowledge and compliance, with the aim of enhancing health and safety outcomes in their workplace(s).

This tool is designed for use with respect to the Work Health and Safety Act 2011 (NSW) and Work Health and Safety Regulation 2025 (NSW). Users outside NSW should consult applicable legislation and guidance.

References to the tool in these Terms of Use include all material made available through the tool, including associated and third-party guidance material, E-learning modules, podcasts, and any feedback and recommendations or reports generated through the use of the tool.

3. Disclaimer

This tool provides general guidance only. It does not constitute legal or professional advice, nor does it determine compliance with the WHS Act or any other legislation.

This tool does not represent a comprehensive statement of the law as it applies to particular problems or to individuals or as a substitute for legal advice. To ensure you comply with your legal obligations you must refer to the appropriate legislation. You should seek independent legal advice if you need assistance on the application of the law to your situation. Information on the latest laws can be checked by visiting the NSW legislation website.

Any links to other resources on the [web location] are provided for your convenience only.  The SafeWork NSW Agency has no control over information available on other sites and takes no responsibility for the content, availability, accuracy or appropriateness of any information or service by other agencies. When accessing other sites from [insert location] you are personally responsible for assessing the relevance and accuracy of its content.

Feedback and recommended actions generated by the tool are based solely on your responses. The tool relies on you making an honest, accurate, and unbiased self-assessment. The tool is designed for use by officers from PCBUs of any size and industry, and cannot take into account the variations in needs, risks, level of influence or circumstances of individual users or workplaces.

While the material contained in this tool has been formulated with all due care, the SafeWork NSW Agency does not warrant or represent that the material is free from error or omission, or that it is exhaustive.

The tool is provided on an 'as is' basis. The Safework NSW Agency does not make any express or implied warranty in relation to the tool.

There can be multiple ways to meet due diligence obligations under the WHS Act. You should exercise care when interpreting and applying the information provided. Use of this tool does not in any way guarantee legal or regulatory compliance or improved safety outcomes. The SafeWork NSW Agency is not liable for any outcomes resulting from use, reliance on, misuse, misinterpretation, or failure to act on feedback or suggested actions. For certainty around compliance obligations, the SafeWork NSW Agency strongly recommends that you seek independent professional and/or legal advice.

You will be responsible for making your own assessment of the material and should verify all relevant representations, statements and information with your own professional and/or legal advisers.

4. Indemnity

You hereby agree to indemnify the SafeWork NSW Agency against any claim, action, damage, loss, liability of any kind, costs, charge, expenses, outgoings or payments suffered, paid or incurred, either directly or indirectly, by the SafeWork NSW Agency, as a result of any use or misuse of the tool, the associated platform or your breach of any law or third party rights.

5. Limitation of Liability

To the extent permitted by law, the SafeWork NSW Agency (including their officers, employees or agents) is not liable in any way (including negligence) for any loss, damage, cost or expense suffered or incurred (whether directly or indirectly) arising out of or in connection with the use of the tool.

6. Copyright Information

© State of New South Wales (SafeWork NSW). For current information, go to safework.nsw.gov.au.

The State of New South Wales supports and encourages the reuse of its publicly-funded information in accordance with the NSW Open Data Policy 2016.

You may copy, distribute, display, adapt, share this tool in whole or in part for any purpose, provided that you attribute SafeWork NSW as the owner and you indicate if changes were made and the nature of those changes. We request that you observe and retain this copyright information as part of the attribution.

This publication is licensed under the Creative Commons Attribution 4.0 licence except as noted below.

Material NOT licensed under the Creative Commons Licence

The following material available from this publication is not licensed under the Creative Commons Licence:

The State’s Coat of Arms and any other symbols, logos or trademarks of the State of NSW or any Department or agency of the State (unless incidentally reproduced in using an unaltered document under the Creative Commons licence).

Any third-party material unless expressly stated to be published under the Creative Commons Licence.

Any material in the publication that is expressly stated to be published subject to specified conditions other than the Creative Commons licence.

For current information, go to www.nsw.gov.au/nsw-government/about-website/copyright.

7. General

If any provision of these Terms of Use is ruled by a court to be invalid or unenforceable, the invalid or unenforceable part must be given effect to the greatest extent possible, and it shall not affect the validity or enforceability of any other provision or part provision of these Terms of Use or this agreement.

8. Amendment

We may amend, add to, delete and make corrections to these Terms of Use, or the tool, in whole or in part, at any time without notice. All changes are effective from the date they are published or occur. Your continued use of the tool means you accept any changes. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the tool.