Due Diligence and "grey literature"
Chris, apologies for not addressing your question, but I've had a quick scan of the paper you link to and it is fascinating. It suggest a way to strengthen the due diligence obligations of officers under the HSW Act.
This is the paper's conclusion:
"A possible solution would be the use of SRA-type structures where industry associations would help officers come up with compliance plans that would then be approved by WorkSafe. These associations would be able to extend regulatory capacity by devolving some responsibility for regulation on private parties. In order to maintain the accountability of those private parties and to avoid a neo-liberal spiral, a modified type of judicial review process can be used to hold the SRA-type structures accountable. There should also be duties for internal regulators to report repeated or breaches of the due diligence duties to WorkSafe. Tensions within the SRA-type structures are bound to exist, but an external committee that can review the functions of the SRA may help to smooth relationships."
(SRA = self-regulated associations)
Whew. Fascinating. What does the brains trust think?