R2A Engineering Due Diligence - How to Demonstrate SFAIRP

R2A Engineering Due Diligence - How to Demonstrate SFAIRP


Engineering Due Diligence - How to Demonstrate SFAIRP (12th Edition) has been updated to reflect the introduction of criminal manslaughter for health and safety matters into Australian and New Zealand jurisdictions, using the notion of SFAIRP (so far as is reasonably practicable).

With due diligence now ubiquitous in Australian law, this text articulates the concept of how to engineer due diligence to meet the satisfaction of the courts and common law negligence. It is written from the perspective of expert witnesses acting before courts in Australia and New Zealand, and based on the experiences learned in these various legal proceedings.


Watch text launch webinar with authors Richard Robinson and Gaye Francis



Due diligence is more than an audit of services or products; it’s a legal concept that arises when a duty of care exists. This duty can be by directors to shareholders, management to employees, parents to children or by manufacturers to the public.

The importance of due diligence is how we — as citizens, institutions and corporations — deal fairly with each other. It is the basis of trust without which an open, civilised society cannot prosper.

Essentially it asks the question: If you were in the same position, how would you expect to be treated?

Of course, this is hardly a novel idea. Treating others the way we want to be treated has been considered throughout recorded history. What is new is its absorption into the legislative and judicial process within the last 100 years.

Due diligence has become endemic in Australian legislation. And it seems this process is set to increase in Australia with a plethora of Royal Commissions. Parliamentarians and judges seem to have decided that due diligence is universal in its application and creates a moral justification for action.

This means that failure to act demands sanction against the failed decision maker.

This due diligence focus also means better governance for fiduciary, project, environmental and safety risk within an adversarial legal system.

But what exactly do we mean by due diligence? And how do you engineer it? And why do Directors, Government Ministers and other senior decision makers need to be making diligent decisions accordingly?


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