Principle 1 - WHS Duties Are Not Transferrable

This Safe Work factsheet gives an overview of the first key principle that apply to all WHS duties in the model WHS Act. Understanding this principle will assist you to interpret and apply your duties as a PCBU.

A duty holder cannot transfer their duties to another person. Any contractual term that seeks to transfer or reduce the duty holder’s responsibility will be invalid. 
 
Duty holders who have a duty in relation to the same matter can enter into reasonable arrangements or agreements with each other to make sure everyone’s duties are met, while at the same time avoiding unnecessary duplication of effort.