ɬÀï·¬

Skip to Content
Need Help

Due Diligence Policy

1. Purpose

To identify those ɬÀï·¬employees considered an 'officer' under the Work, Health and Safety Act 2011 (WHS Act). To communicate their obligations under the WHS Act, and to inform them of the requirement to demonstrate a proactive approach to WHS matters at ɬÀï·¬so that they can meet their due diligence duties.


2. Scope

This policy applies to any ɬÀï·¬employee determined an officer under the WHS Act.


3. Principles

3.1 Under the WHS Act, ɬÀï·¬as the 'person conducting a business or undertaking' (PCBU) holds the primary duty of care to ensure the health and safety of workers and others that could be affected by the business.

3.2 An officer of ɬÀï·¬is a person who must exercise 'due diligence' to ensure that ɬÀï·¬meets it duties to protect workers and other persons against harm to health and safety. Amongst other things, this means an officer must ensure that ɬÀï·¬has in place appropriate systems of work and must actively monitor and evaluate WHS management. The officer must demonstrate due diligence within the scope of their role and influence.

3.3 An officer is a person who makes or participates in making decisions that affects the whole or a substantial part of CIT. This includes the following positions:

  1. ɬÀï·¬Board members
  2. ɬÀï·¬Chief Executive Officer
  3. Executives Directors.

3.4 Other senior ɬÀï·¬employees would be considered officers if a law court determines that they participate in decision making that affects the whole or a substantial part of the business or undertaking and an incident occurs within the scope of their role and influence.

3.5 The duty to exercise 'due diligence' is given to specific individuals by the legislation. This duty cannot be transferred to other people, either within or outside of CIT.

3.6 Officers must be able to show evidence that they have discharged their due diligence duty.  Failure to demonstrate due diligence can result in penalties to the individual.

3.7 In order to provide assurance to ɬÀï·¬that individuals are fulfilling their due diligence duties, the relevant due diligence checklist must be completed annually by the following employees:

  1. ɬÀï·¬Board members
  2. ɬÀï·¬Chief Executive Officer and Executive Directors
  3. Directors and Senior Directors who may, in some circumstances be considered officers in accordance with paragraph 3.4 ().

4. Documentation


5. Definitions

Due Diligence - Under section 27 (5) of the WHS Act 2011 due diligence includes taking reasonable steps-

  1. to acquire and keep up to date knowledge of work health and safety matters
  2. to gain an understanding of the operations of ɬÀï·¬and of the hazards and risks involved
  3. to ensure that appropriate resources and processes are provided to enable hazards to be identified and risks eliminated or minimised
  4. to ensure that ɬÀï·¬has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information
  5. to ensure that ɬÀï·¬has and implements, processes for complying with any legal duty or obligation it has under the WHS Act
  6. to ensure processes are verified, monitored and reviewed.

Worker - Workers means anyone performing work for ɬÀï·¬and includes:

  1. employees
  2. contractors, subcontractors and their workers
  3. employees of a labour company
  4. apprentices and trainees
  5. outworkers
  6. student on work experience
  7. volunteers.

6. Policy Contact Officer

Senior Human Resource Director or ɬÀï·¬Workplace, Health and Safety Manager.

Contact ɬÀï·¬Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.


7. Procedures

This policy is implemented through the associated procedures in the ɬÀï·¬Workplace, Health and Safety Procedure Manual. Authority to make changes to the procedures rests with the policy owner.