Legal Requirements for Schools to Perform Risk Assessments

New Zealand

The Health and Safety at Work Act 2015 requires:

30 Management of risks

(1) A duty imposed on a person by or under this Act requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not reasonably practicable to eliminate risks to health and safety, to minimise those risks so far as is reasonably practicable.

(2) A person must comply with subsection (1) to the extent to which the person has, or would reasonably be expected to have, the ability to influence and control the matter to which the risks relate.

Compare: Model Work Health and Safety Act (Aust) s 17

Duties are imposed, in particular, on the "Person conducting a business or undertaking" or PCBU, defined in Section 17 of the Act. Duties are also imposed on other persons, to the extent that they "influence and control the matter to which the risks relate", generally interpreted as financial control. At a school, the Principal would probably be regarded by a court as the PCBU; other staff, such as a Head of Department, may also be regarded by a court as having "influence and control".

Maximum penalties for individuals, specified in Subpart 4 - Offences relating to duties, are:

Section 47: Offence of reckless conduct in respect of duty

  • not a PCBU: maximum $300,000 or imprisonment for 5 years or both
  • PCBU: maximum $600,000 or imprisonment for 5 years or both

Section 48: Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness

  • not a PCBU: maximum $150,000
  • PCBU: maximum $300,000

Section 49: Offence of failing to comply with duty

  • not a PCBU: maximum $50,000
  • PCBU: maximum $100,000