The model Act should place a positive duty on an officer to exercise due diligence to ensure the compliance by the entity of which they are an officer with the duties of care of that entity under the model Act.
Page 82
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.
Page 84
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.
Page 84
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.
