Quick answer: WHS due diligence is the personal legal duty that requires officers to verify the business is actually managing safety. Directors and other officers must know the risks, make sure resources are available, and check that the WHS system is being used in practice.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Australian WHS laws and regulations.
This is one of the most important WHS concepts for owners and directors. The law does not let leadership delegate safety and then walk away from it.
What is WHS due diligence?
Due diligence is the officer's personal duty to take reasonable steps to make sure the PCBU complies with its WHS duties. It is about active verification, not passive oversight.
An officer should be able to answer questions such as:
- What are our main WHS risks?
- What controls are in place?
- Are the controls working on site?
- What actions are overdue?
- What evidence shows that leadership has checked the system?
If those questions are hard to answer, the due diligence duty is probably not being exercised properly.
Who is an "officer" under WHS law?
Officers are people with substantial decision-making authority. Not every supervisor or manager is an officer, but people at the top of the business usually are.
| Role | Is an officer? | Notes |
|---|---|---|
| Director | Yes | Core example of an officer |
| CEO or managing director | Yes | Usually exercises company-wide authority |
| Company secretary | Often yes | Depends on role and influence |
| Partner in a partnership | Yes | Partners are usually officers of the partnership undertaking |
| Trustee | Often yes | Depends on control and decision-making role |
| Frontline manager | Usually no | Only if they make decisions affecting the whole or substantial part of the business |
The test is about substance, not job title. If someone can influence the whole business, they may be an officer even if their title sounds operational.
What are the six elements of due diligence?
| Element | What the officer must do | Practical evidence |
|---|---|---|
| 1. Knowledge | Stay up to date with WHS matters | Briefings, training, regulator updates |
| 2. Operations | Understand how the business actually works | Site visits, hazard reports, process maps |
| 3. Resources | Make sure the business has the money, people, and equipment it needs | Budgets, staffing plans, purchasing decisions |
| 4. Information flow | Ensure WHS information is received and acted on | Incident reports, dashboards, escalation logs |
| 5. Compliance processes | Make sure legal obligations are built into the business | Procedures, audits, review schedules |
| 6. Verification | Check that the system is actually working | Board review, action close-out, inspections |
The last point is critical. A policy is not due diligence if nobody verifies that workers are following it.
How do officers show they are exercising due diligence?
Good officers create a paper trail that shows active involvement. That can include:
- board papers that include WHS performance data
- regular site or depot visits
- review of serious incident investigations
- sign-off on risk control funding
- follow-up on overdue corrective actions
- evidence of training and refresher briefings
This does not mean officers have to run every task. It does mean they must be able to prove they checked the key parts of the system.
What are the common failures?
Most officer failures are simple, not clever. They usually look like one of these:
| Failure | Why it matters | Better practice |
|---|---|---|
| Delegating safety and doing nothing else | The law still holds the officer responsible | Ask for reports, review them, and follow up |
| No board review of WHS performance | Leadership is not verifying the system | Put WHS on the board agenda |
| Known hazards with no action | The officer knew and did not act | Track actions to closure |
| Buying cheap equipment that is not safe enough | Cost was placed ahead of safety | Assess whether the control is reasonably practicable |
The message is blunt: if leadership knows the risk and does not act, personal liability becomes much more likely.
What should an officer do each year?
Use a structured checklist:
- Review the current WHS risk profile.
- Read the latest incident and near miss trends.
- Confirm the highest risks have current controls.
- Check whether audits and inspections found anything serious.
- Confirm corrective actions are closed out.
- Review training and competency gaps.
- Check that plant, tools, and systems are being maintained.
- Confirm consultation is happening with workers and HSRs.
- Review any regulator notices or correspondence.
- Test whether critical controls are working in practice.
- Document decisions about major risks and resources.
- Repeat the process after any major change or incident.
The point of the checklist is not paperwork for its own sake. It is to make sure the officer is actually exercising judgment about safety.
State and territory variations
The information on this page is based on the Model WHS Act and Model WHS Regulations published by Safe Work Australia, adopted with some variations across most jurisdictions.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Model framework with NSW-specific changes |
| VIC | WorkSafe Victoria | Uses the OHS Act 2004 instead of the model WHS Act |
| QLD | Workplace Health and Safety Queensland | Model framework |
| SA | SafeWork SA | Model framework |
| WA | WorkSafe Western Australia | Model framework |
| TAS | WorkSafe Tasmania | Model framework |
| ACT | WorkSafe ACT | Model framework |
| NT | NT WorkSafe | Model framework |
Always verify the current legislation and regulator guidance in your jurisdiction.
Related guides
- WHS Duty Holders in Australia
- WHS Act, Regulations and Codes of Practice
- WHS Record Keeping Requirements
Frequently asked questions
What is due diligence under WHS law?
It is the officer's personal duty to check that the PCBU is managing WHS properly. It is about active verification, not passive approval.
Who must exercise due diligence under WHS law?
Officers must exercise due diligence, including directors and other people with substantial decision-making power.
What happens if an officer fails to exercise due diligence?
The officer can be prosecuted personally and, in serious cases, may face major fines or imprisonment.
How do I demonstrate due diligence as a director?
Keep evidence that you reviewed WHS performance, funded controls, followed up on actions, and verified the system was working.
Get the right documents for your business
If you want a system that makes officer review easier, BlueSafe's management systems and management plans give leadership a practical way to track hazards, actions, and review cycles.