Directors and senior management can be liable for the safety of trespassers. A case before the NSW Industrial Relation Commission (IRC) in July 2007 demonstrated the capacity for directors and senior managers to be held personally liable for the safety of trespasser. In the case three Directors of a hotel were found guilty for failing to ensure the health and safety of a trespasser who was swimming in the hotel pool without authorisation. The trespasser, a 13 year old boy who was electrocuted on poorly maintained conduit adjacent to the pool. Justice Backman of the IRC found that directors had the capacity to make decisions about all matters of safety which affect the organisation's operations and they chose not to exercise their authority. In particular, " the three directors did little to inform themselves about the affairs of the corporation, in particular its safety policies and procedures, its maintenance regime and workplace safety in general".

The message is that directors and senior managers should be asking questions about risk management to ensure they can discharge their corporations statutory obligations.

Inspector Aldred v Herbert and other [2007] NSW IRComm 170. Cited in Deacons legal update - July 2007. M. Tooma & A. Thomas.