Director liability risk score
Answer nine questions to see where a director or senior manager is most exposed to personal liability: underpayment, sham contracting, adverse action, unpaid tax and super, and WHS due diligence.
Figures checked 5 November 2026. Free to use, no sign-in.
Your personal exposure
Director liability risk
Answer at least 3 questions
Why directors are personally exposed
Anyone “involved in” a Fair Work Act contravention, including by being knowingly concerned in it, is treated as having contravened it (s 550). Since 1 January 2025 intentional underpayment is also a crime: up to 10 years’ imprisonment for an individual, and fines of the greater of 3 times the underpayment or $1,820,000 for an individual and $9,100,000 for a company (5,000 and 25,000 penalty units at $364).
Related checks: contractor or employee, officer due diligence audit, SGC penalty calculator.
- The score is an indicative scale built for this check, not a legal test. It shows where personal liability is most likely to arise.
- Unsure answers are left out of both your score and the maximum, so they never raise the result. List them and find out.
General information, not legal advice.
How this works
Each risky answer adds points, weighted by how directly it leads to personal liability (from 2 for payslip and record keeping to 6 for knowingly underpaying). The score is the share of the points available on the questions you answered: under 20% Low, 20% to under 40% Moderate, 40% to under 65% High, 65% or more Critical.
Three answers set a minimum result on their own: knowingly underpaying (Critical), knowing about an unfixed underpayment (High) and overdue PAYG, GST or super guarantee charge (High). Unsure answers are left out of the score and the maximum, and a band needs at least three Yes or No answers.
Legal basis
- Fair Work Act 2009 (Cth) ss 327A, 340, 357, 535–536, 550
- ATO: director penalty regime
- Work Health and Safety Act 2011 (Cth) s 27: duty of officers
- Occupational Health and Safety Act 2004 (Vic) s 144
Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.
Questions
Can a director be personally liable for underpaying staff?
Yes. Under s 550 of the Fair Work Act a person who is involved in a contravention, for example by being knowingly concerned in it, is treated as having contravened it and can be ordered to pay penalties personally. Intentional underpayment is also a criminal offence under s 327A.
What is the wage theft offence?
From 1 January 2025 it is a crime for an employer to intentionally underpay required amounts. The maximum is 10 years’ imprisonment for an individual, and a fine of the greater of 3 times the underpayment or 5,000 penalty units for an individual and 25,000 penalty units for a company. The Fair Work Ombudsman must not refer a small business for prosecution if it complied with the Voluntary Small Business Wage Compliance Code.
Are directors liable for unpaid super and tax?
Under the ATO’s director penalty regime, directors can become personally liable for the company’s unpaid PAYG withholding, GST and super guarantee charge, recoverable 21 days after a director penalty notice.
Do directors have WHS duties?
Yes. Directors are officers who must exercise due diligence to make sure the business meets its WHS duties (s 27 of the WHS Act). In Victoria an officer can be liable under s 144 of the OHS Act if the company’s breach is attributable to their failure to take reasonable care.
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