Due Diligence Policy
To identify those CIT employees considered an 'officer' under the Work, Health and Safety Act 2011 (WHS Act) and to communicate their obligations under that Act.
This policy applies to any CIT employee determined an officer under the WHS Act.
3.1 Under the WHS Act, a person conducts a business or undertaking either alone or with others whether or not the business or undertaking is conducted for profit or gain. At law, person does not necessarily mean a specific individual. For the purposes of the WHS Act, CIT is considered a Person Conducting a Business or Undertaking (PCBU).
3.2 Employees in the following positions are automatically considered by CIT to be officers under the WHS Act:
- CIT Board members
- Executives (including the Chief Executive Officer)
- General Manager, Student and Academic Services
- College Directors
- Manager, CIT Facilities.
3.3 Other CIT employees may, in the course of their duties, also be considered to be an officer if they make decisions or participate in decision making that affects the whole or a substantial part of the business or undertaking of CIT. For example, where a manager has significant input into the decision to purchase a specific piece of machinery for a College, then for the purpose of the ‘undertaking’ (purchasing the machinery), they may be considered an officer under the WHS Act.
3.4 An officer must exercise due diligence to ensure that CIT complies with its obligations under the WHS Act. Officers must implement and be able to show evidence that they have discharged their due diligence requirements.
3.5 This policy and procedure provides the relevant framework to assist officers in demonstrating due diligence in the performance of their duties. Employees filling the positions identified at 3.1 above are required to complete the relevant ‘Due Diligence Checklist’ at least once a year.
CIT Policies available on website
Due Diligence - In the WHS context means taking every precaution that is reasonable in the circumstances to protect the health, safety and welfare of staff and others who could be put at risk from work carried out as part of the business or undertaking. Failure to demonstrate Due Diligence can result in penalties to individuals.
Worker - Workers means anyone performing work, including contractor’s, subcontractors, employees of contractors, labour hire workers, apprentices and trainees, outworkers, student on work experience and volunteers, not just employees.
6. Policy Contact Officer
For more information about this policy contact Senior Manager, CIT Safety & Employment Relations
Contact CIT Student Services on (02) 6207 3188 or email email@example.com.
This policy is implemented through the associated procedures in the Workplace, Health and Safety Procedure Manual. Authority to make changes to the procedures rests with the policy owner.
Policy No: 2016/2168
Approved: December 2016
Next Review: December 2020
Category: Staff Policies, Corporate Policies
Policy Owner: Executive Director, Corporate Services
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