The Court held that a body corporate's obligation under s 155(5) of the WHS Act requires the competent officer responding to make reasonable enquiries of all available individuals with relevant knowledge and to inspect company records, not merely to rely on a single unavailable person. The unavailability of a former employee does not constitute a reasonable excuse where other officers, including the managing director, possessed responsive information. The Court also held that ambiguous or undefined requests within a s 155 notice (such as for an unidentified 'due diligence action plan') may not constitute proper requirements, and that the prosecution must prove beyond reasonable doubt that responsive information or documents existed before non-compliance with document production requirements can be established.
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