Model WHS Laws

We created the model WHS laws in 2011.

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WHS laws in your jurisdiction

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Read our Codes of Practice

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  • As a person conducting a business or undertaking (PCBU), you must notify your WHS regulator when serious injuries, illnesses and dangerous incidents happen at work. These are referred to as 'notifiable incidents'.  

 

Notifying the WHS regulator of these serious events can help identify the cause and prevent it happening again at your workplace and other workplaces.

Notifiable incidents

A 'notifiable incident' is:

  • when a person dies at a workplace
  • a 'serious injury or illness', or
  • a 'dangerous incident' that exposes someone to a serious risk, even if no one is injured.

'Notifiable incidents' may relate to any person - whether an employee, contractor or member of the public.

Safe Work Australia's information sheet on incident notification has more information on what type of injuries, illness and incidents need to be reported.

When there's an incident

If a notifiable incident occurs, as a PCBU, you must:

  • report it to the regulator immediately, and
  • preserve the incident site until an inspector arrives or directs otherwise. This doesn't prevent you helping an injured person or making the site safe.

Call 000 if there is an immediate risk to life.

Reporting an incident to the WHS regulator

Notifications need to be made directly to state, territory or Commonwealth WHS regulators. Contact your WHS regulator for advice on how to make a notification.

Note: If a notifiable incident occurs, you must keep a copy of the risk assessment, WHS management plan and/or Safe Work Method Statement (SWMS) for two years after the incident occurs. Safe Work Australia's information sheet on safe work method statements provides more information on your duties as a PCBU on SWMS. To learn more and how you can prepare a SWMS, access Safe Work Australia's online interactive SWMS tool.

For more information

  • Did you know

    The WHS regulator in your state or territory can provide practical advice, resources and tools to help you be safe when working in construction. They can also let you know which WHS laws apply to you.

Further Advice

SWA is not a regulator and cannot advise you about WHS issues in the workplace. If you need help please contact your state or territory work health and safety authority.