In this special episode of Risk! Engineers Talk Governance, due diligence engineers Richard Robinson and Gaye Francis preview their upcoming live forum event on "Preventing Criminal Manslaughter - Understanding & Implementing SFAIRP (So Far As Reasonably Practicable)".

The event will feature presentations from a lawyer, Joseph Coleiro, and an architect, Dr. Frank Stoks, along with the hosts Richard Robinson and Gaye Francis, with the focus on exploring the legal obligations and practical challenges around the concept of SFAIRP, which is a key requirement in health and safety legislation.

Topics to be discussed include the relationship between the laws of nature and the laws of man, the complexities of health and safety laws, and the balance between safety requirements and other project considerations like cost and usability.

The forum aims to foster a thought-provoking discussion and debate on these issues, drawing on our diverse expertise. Questions will also be taken from the audience.

Tickets for the Live Forum on 22 October 2025 are available for both in person (Melbourne) and online via https://www.eventbrite.com.au/e/preventing-criminal-manslaughter-understanding-implementing-sfairp-tickets-1653602251849

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of women’s safety workwear company Apto PPE if you’d like to check out the garments at https://www.aptoppe.com.au.

In this final episode of Season 5, due diligence engineers Richard Robinson and Gaye Francis conclude their theme of difficult conversations engineers need to have as well as discuss Engineering for Communities.

They explore how engineering should focus on improving rather than maintaining the status quo, and the concerning trend of engineers being sidelined in critical decision-making processes.

The discussion includes:

• How councils and planning decisions have become "de-engineered"
• The importance of due diligence beyond just health and safety - extending to environmental protection and project management
• Why engineers seem to have "vacated the field" in many areas, leaving non-technical decision-makers to handle complex problems
• The need for validation, verification, and challenging assumptions rather than blindly applying Standards
• How proper due diligence can demonstrate governance and protect communities, workers, and the environment
• Due diligence is an ongoing process requiring continuous thinking and adaptation as technology and circumstances change.

The also discuss their confusion how anyone could they're a designers and not demonstrate due diligence irrespective of what the WHS/OHS legislation says and that they’re setting themselves up for a fall.

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au, where you’ll also find their booklets (store) and a sign-up for their quarterly newsletter to keep informed of their latest news and events.

Gaye is also founder of women’s safety workwear company Apto PPE if you’d like to check out the garments at https://www.aptoppe.com.au

In this episode of "Risk! Engineers Talk Governance," due diligence engineers Richard Robinson and Gaye Francis revisit the fundamentals of engineering due diligence in response to listener feedback about confusion between risk, assurance and diligence.

The discussion covers how R2A became specialised in due diligence engineering through their expert witness work, where they learned that due diligence serves as a defense against negligence with two key components: having reasonable control in place and taking all reasonable steps to protect against foreseeable harm.

Richard explains their decision to move away from quantified risk assessments using target risk levels, as this cannot adequately demonstrate due diligence. Instead, R2A advocates for a top-down approach that identifies critical issues, evaluates available controls, and determines what's reasonable in the circumstances.

They clarify that while due diligence obligations are explicitly stated for corporate officers in workplace safety legislation, all professional engineers have an implied duty to demonstrate due diligence as part of their professional responsibilities, and emphasise that simply following regulator approval doesn't guarantee protection from negligence claims. Engineers must take a holistic approach rather than relying solely on Standards or regulatory compliance.

The books they mention are:

• For Directors: Criminal Manslaughter, How Not To Do It https://www.r2a.com.au/store/p/r2a-criminal-manslaughter-directors-booklet

• For Engineers: Risk Management & Negligence; Due diligence Essentials for Engineers https://www.r2a.com.au/store/p/due-diligence-essentials-engineers-booklet

For further information on Richard and Gaye’s consulting work with R2A, head to https://www.r2a.com.au.

Gaye is also founder of women’s safety workwear company Apto PPE if you’d like to check out the garments at https://www.aptoppe.com.au