Chapter heading 1

RECOMMENDATION 41 For the purposes of the model Act, officers should be those persons who act for, influence or make decisions for the management of the relevant entity. Note: The definition of ‘officers’ will be dealt with in our second report. RECOMMENDATION 42 The provision should apply to officers of a corporation, unincorporated association, or partnership or equivalent persons representing the Crown. Note: These terms will be defined in our second report. RECOMMENDATION 43 If our preferred position in recommendation 40 for a positive duty for officers and associated recommendations is not accepted, we recommend that provisions based on s.144 and s.145 of the Victorian OHS Act 2004 be adopted in the model Act.

Chapter 9: Duties of care owed by workers and others

1. 
   As we have noted earlier in this report, OHS legislation in Australia provides for individual accountability by requiring all persons to ensure that they do not, by their conduct or omissions at work, expose themselves or others to risks to their health or safety.
   
2. 
   Employees may put themselves and others at risk by the way they conduct themselves at work (for example by not following instructions or work procedures). OHS legislation in all Australian jurisdictions accordingly imposes a duty of care on employees.