The National Review into Model OHS Laws: a paper examining the duties of officers and due diligence

The two Reports of the National Review into Model Occupational Health and Safety Laws (the First Report of October 2008, and the Second Report of January 2009) when read together make a number of recommendations concerning the personal criminal liability of company officers, and the defence of "due diligence". A previous paper reviewed the current law as to personal liability under Australian law, building on an initial study published in 2005. In this paper I shall assume some familiarity with those papers and concentrate on the recommendations of the two Reports. Some of the material here commenting on the First Report is also contained in "Recent Developments", but since at the time it was presented the Second Report had not been published, it seems sensible to provide a combined comment on the overall impact of both Reports