Duty Holders - Due Diligence Quiz - Topic 3

What best describes the legal duty of the PCBU

Duty of Care

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Primary Duty of Care

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Due Diligence

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There is no particular duty

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What best describes the duty of an Officer?

Primary Duty of Care

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Duty of Care

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Ensure the PCBU meets its Primary Duty of Care by exercising Due Diligence

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No specific duties

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Can duties under the the WHS Act 2011 be delegated to another person?

Yes

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No

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What best describes the duty of a Worker?

Workers do not have a duty

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Duty of Care

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Due Diligence

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Primary Duty of Care

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What must an Officer exercise to meet his/her duty under the WHS Act 2011?

Due Diligence

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Primary Duty of Care

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Hire a safety manager

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Report to SafeWork NSW every 6 months

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What best describes the duty of “Others” in the workplace?

Duty of Care

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No specific duties as the host PCBU is responsible

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Due Diligence

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Who has the Primary Duty of Care where there are multiple PCBUs on the same project?

The host PCBU

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SafeWork NSW

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Each PCBU

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This is a matter for negotiation between the PCBUs

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If there are multiple PCBUs on a project, what is a specific duty each PCBU must carry out?

They must work together as much as possible

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They must report to SafeWork NSW on a daily basis

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They must all consult with each other regarding safety matters

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Which elements form part of “Due Diligence”

a) to acquire and keep up-to-date knowledge of work health and safety matters, and

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b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations, and

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c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to health and safety from work carried out as part of the conduct of the business or undertaking, and

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d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information, and

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e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty or obligation of the person conducting the business or undertaking under this Act, and

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f) to verify the provision and use of the resources and processes referred to in paragraphs (c)–(e).

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g) report to the regulator yearly

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Duty Holders – Due Diligence Quiz – Topic 3

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