An officer is a broad term that applies to people who can make decisions that significantly affect a business or undertaking.
An officer can be:
- a director or secretary of a corporation
- any person who can make, or participate in making, decisions that affect the whole, or a substantial part, of the business of the corporation
- a person who has the capacity to affect significantly the corporation’s financial standing
- a receiver, or receiver and manager, of the property of the corporation
- an administrator of a corporation
- an administrator of a deed of company arrangement executed by a corporation
- a liquidator of a corporation
- a trustee or other person administering a compromise or arrangement made between the corporation and someone else.
The Work Health and Safety Act 2011 (WHS Act) uses the meaning of officer used in section nine of the Commonwealth Corporations Act 2001.
Under the WHS Act, the definition of an officer excludes:
- a partner in a partnership
- an Minister of the Crown
- an elected member of a local authority.
It is important for all persons conducting a business or undertaking (PCBU - the new term that includes employers) to identify their officers within their company or organisation and ensure they are aware of their due diligence obligations.
The WHS PCBUs, workers and officers fact sheet has more information or call 13 10 50 for more information about the definition of officers.