Speaking Session – Recent prosecutions for failure to mitigate psychosocial risks and learnings for satisfying officer due diligence duties

Katherine Morris, Partner, Norton Rose Fulbright
Nicki Milionis, Partner, Norton Rose Fulbright

Katherine Morris and Nicki Milionis, Partners at Norton Rose Fulbright Australia, will discuss prosecutions, inquests and other legal proceedings brought in the last 12 months across Australia which have focused on the alleged failure of organisations to mitigate psychosocial risk management duties.

These prosecutions provide essential learnings for organisations, demonstrating the proactivity of the regulators in enforcing duties concerning psychosocial risk management, and the clarity of the basis of prosecutions.

We will discuss the specific charges and the facts (publicly available) to enable organisations to understand the basis on which prosecutions can be brought.

We will also address the data that officers need to be provided with through board reports in order to satisfy their due diligence duties regarding psychosocial risk management, including understanding the organisation’s psychosocial risks and ensuring that appropriate processes and resources are in place for mitigation of those risks, and provision of information confirming timely response to incidents and implementation of corrective actions regarding psychosocial risk management.

What the audience will take away:

1. A clear and practical understanding of the basis on which prosecutions for alleged failure to mitigate psychosocial risks occur, and

2. the practical processes and reporting indicia that boards need to make sure are in place for satisfying due diligence duties.