Due Diligence Duty Of Officers

The first book in the Due Diligence Collection examines the role and duties imposed on officers pursuant to the new Model Work Health and Safety laws, the majority of which commenced on 1st January 2012. Work health and safety laws impose a proactive duty on officers to exercise due diligence to ensure compliance with those laws. Due diligence is a duty imposed on officers personally. It is separate from the duty imposed on their company. The duty is also proactive - it can be breached merely for failing to put in place a corporate governance regime, even though there may not have been a WHS incident at the officer's company. Written by OHS legal expert Michael Tooma, the second edition of Due Diligence: Duty of Officers is an officer's answer to any of their duty questions.KEY FEATURESChapter 1 provides an overview of the duty.Chapter 2 explores the question of "who is an officer".Chapters 3-8 deal with each element of the due diligence definition.Chapter 9 deals with the liabilities arising from breaches of the due diligence duty and explores practical recommendations for compliance by categories of officers such as directors, company secretaries, chief financial officers, human resources directors, general counsel and operations management.Oxford University Press Australia & New Zealand is the non-exclusive distributor of this title.

"Due Diligence: Duty of Officers is the first book in CCH's new Due Diligence series and examines the role and duties imposed on officers pursuant to the new Model Work Health and Safety laws, the majority of which commenced on 1st January 2012. The book contains a thorough explanation of all aspects of this duty including the definition of an officer, the elements of the due diligence concept, and liabilities for breach of the duty. It also includes practical and useful recommendations for compliance. This is an essential reference point for individuals and companies looking to avoid the onerous penalties for non-compliance under the new legislation."--Publisher's website.

"Ten years have passed since the landmark introduction of the model Work Health and Safety legislation. The experience in the seven jurisdictions that have adopted the reforms enables us to assess some of the predictions made at the time of the release of the first edition of Horizontal and Vertical Consultation. The duties to consult under the legislation require workers (including contractors, subcontractors, employees of contractors or subcontractors, labour hire workers, apprentices and trainees, outworkers, students on work experience and volunteers) and overlapping duty holders (businesses have to engage with suppliers, controllers of premises, adjoining businesses and service providers) to consult, co-operate and co-ordinate with each other. These obligations present practical challenges and opportunities, which are explored in this book. The third edition of the Due Diligence series explores recent case law and addresses contemporary work health and safety issues, including the new industrial manslaughter laws and the management of mental health at work. Other books in the Due Diligence series: Duty of Officers Incident Notification, Management and Investigation Worker Rights and Duties Dealing with Regulators Persons Conducting a Business or Undertaking ."-- Wolters Kluwer CCH Website.

This provides a succinct overview of the future changes to work health and safety laws in Australia. This plain English guide explains the reasons behind the harmonisation of the upcoming laws and processes in order to give a clear understanding of the expected changes and their implications. This overview has been designed for OHS professionals who need to be prepared ahead of the 2012 changes and face the challenge of applying this legislation to their business.

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