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Due Diligence Policy

1. Purpose

To identify those CIT 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 CIT so that they can meet their due diligence duties.


2. Scope

This policy applies to any CIT employee determined an officer under the WHS Act.


3. Principles

3.1 Under the WHS Act, CIT 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 CIT is a person who must exercise 'due diligence' to ensure that CIT 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 CIT 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. CIT Board members
  2. CIT Chief Executive Officer
  3. Executives Directors.

3.4 Other senior CIT 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 CIT that individuals are fulfilling their due diligence duties, the relevant due diligence checklist must be completed annually by the following employees:

  1. CIT Board members
  2. CIT 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 (Internal link - Director Due Diligence Checklist).

4. Documentation

Work Health and Safety Act 2011


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 CIT 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 CIT 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 CIT 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 CIT 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

For more information about this policy contact the Senior Human Resource Director or CIT Workplace, Health and Safety Manager.

Contact CIT Student Services on (02) 6207 3188 or email infoline@cit.edu.au.


7. Procedures

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


POLICY INFORMATION
Policy No: CIT2016/2168
Approved: May 2022
Next Review: May 2026
Category: Staff Policies, Corporate Policies
Policy Owner: Executive Director, Corporate Services
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