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Directors Duties under the WHS Act
The Work Health and Safety Act 2020 has been passed by the WA Parliament and will come into effect in either late 2021 or earlier 2022.
This Act inserts very specific due diligence obligations for all directors and officers. There is no distinction between executive or non-executive directors or whether the role is paid or voluntary.
The obligations are really an exercise in reducing into writing what directors and officers are required to do now, and what would be necessary to defend a charge. However, there is now very clear guidance as to what each director or officer is required to do.