Queensland Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 No. 18 - SECT 353

After section 37—

insert—

'(1) If a person conducting a business or undertaking has a duty under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty.

'(2) Subject to subsection (3), the maximum penalty applicable under division 2A for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.

'(3) Despite anything to the contrary in section 40D, if the duty of a person conducting a business or undertaking was imposed under a provision other than sections 29 to 40, the maximum penalty under 40D for an offence by an officer under section 40D in relation to the duty is the maximum penalty fixed under the provision creating the duty for an individual who fails to comply with the duty.

'(4) An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted of an offence under this Act relating to the duty.

'(5) In this section, due diligence includes taking reasonable steps—

(a) to acquire and keep up-to-date knowledge of electrical safety matters; and

(b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and

(c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to electrical safety from work carried out as part of the conduct of the business or undertaking; and

(d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

(e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty of the person conducting the business or undertaking under this Act; and

Example—

For paragraph (e), the duties under this Act of a person conducting a business or undertaking may include—

ensuring compliance with notices issued under this Act;

ensuring the provision of training and instruction to workers about electrical safety.

(f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e).'.