The Federal Government’s Corporations and Markets Advisory Committee (CAMAC) released its Report on Personal Liability for Corporate Fault in September 2006. The Report covers a wide range of personal liability issues affecting company officers. But the Report, if adopted, would specifically have a significant impact on personal liability in the workplace safety area.

In particular, although the Report does not explicitly highlight this, it seems that a major focus of concern is s 26 of the Occupational Health and Safety Act 2000 (NSW) (the OHS Act 2000). Section 26 imposes personal criminal liability on a company officer where the company has contravened the OHS Act 2000, unless the officer can show that they were not in a position to influence the company’s behaviour, or that they exercised 'due diligence' to prevent the contravention.