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Legal & regulatory

Officer

An officer for WHS purposes is a director, secretary, or person who participates in decisions that affect a substantial part of the business — adopted from the Corporations Act 2001 definition. Officers carry the personal due-diligence duty under s27 of the model WHS Act.

Legal context

The "officer" concept exists to attach personal WHS accountability to the people who actually make resourcing and strategic decisions. The definition is imported from s9 of the Corporations Act 2001 (Cth) and covers directors and secretaries by default, plus any other person who makes or participates in making decisions that affect the whole or a substantial part of the business, has the capacity to significantly affect the corporation's financial standing, or who acts on directions of the directors. Partners in a partnership and members of governing bodies (universities, councils, agencies) can also be officers.

Practical use

In a small SME, the officer is usually the owner or managing director. In a larger business, the C-suite. The practical question is "does this person make decisions that affect the whole business or its financial standing" — if yes, they are likely an officer and s27 due diligence applies personally.

Regulator references

The binding-law and regulator-guidance sources behind this term.

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47 WHS and HSWA terms with legal context, FAQs and regulator references.