Incident notification requirements under the model WHS Act

A decision to review WHS incident notification requirements under the model WHS Act was an outcome of the 2018 Review of the model WHS laws. This was to ensure:

  • the provisions meet the intention outlined in the 2008 National Review
  • the provisions capture relevant incidents, injuries and illnesses that are emerging from new work practices, industries and work arrangements, and
  • WHS regulators have appropriate visibility of work-related psychological injuries and illnesses.

Changes to incident notification requirements

The changes are intended to provide PCBUs with more clarity and a better understanding of:

  • the types of incidents to be notified are those ‘arising out of the conduct of the business or undertaking’
  • the objective test for deciding whether a serious injury or illness must be notified
  • duties of PCBUs at a workplace to notify each other of incidents
  • who may be providing medical treatment for exposure to a substance, and
  • preserving evidence and incident sites.

Other changes aim to address key gaps and provide greater certainty to PCBUs on:

  • Notifying dangerous incidents involving the fall of a person, electrical hazards and mobile plant.
  • Notifying all serious injuries and illnesses including serious head injuries, serious crush injuries and serious bone fractures.
  • Capturing violent incidents, including sexual assault, arising out of the conduct of the business or undertaking that may not result in a serious physical injury or illness triggering notification, but that exposes a worker or other person to a serious risk to a person’s physical or psychological health and safety. 
  • Requiring the immediate notification of a work-related (or suspected work-related) suicide or attempted suicide of a worker, and the suicide or attempted suicide of other persons in specific settings. Rather than notification being triggered by an incident ‘arising out of the conduct of the business or undertaking’, notification of the suicide or attempted suicide of a worker would be required where there are indicators that suggest a potential link to work or the work environment.
  • Capturing serious work-related injuries and illnesses that are not already notifiable through the timely notification of a worker’s absence period (or likely absence period) of 15 or more consecutive calendar days due to psychological or physical injury, illness or harm arising out of conduct of the business or undertaking.

Safe Work Australia will work with the Parliamentary Counsel’s Committee to draft amendments to the model WHS Act, with the aim of finalising these amendments by early 2025. It is important to note that any changes will not take effect in a jurisdiction until implemented in the WHS laws of the jurisdiction.

Safe Work Australia will also develop detailed guidance to help duty holders understand what is and is not notifiable once the new requirements have been implemented. Read Safe Work Australia’s current guidance on incident notification.

Public consultation 

November 2024

Safe Work Australia released a public survey on Consultation Hub from 4-29 November 2024 seeking feedback on the development of guidance material to support future changes to incident notification requirements under the model WHS laws. The survey has now closed and we are reviewing the feedback received.

Thank you to everyone who participated in the survey. Your valuable insights will help ensure guidance is practical, clear and effective in assisting PCBUs and other duty holders understand their incident notification duties and improve work health and safety outcomes. 

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2021-2023

The review of incident notification provisions took place from June 2021 to September 2022. Extensive consultation on the options for updating the incident notification requirements was completed in 2023 to understand the impacts of options across industries, workplaces and occupations.

The public consultation period closed in September 2023 and 62 submissions were received. Learn more about the public consultation process and read the submissions received (where the individual or organisation agreed to publication) on Safe Work Australia’s Consultation Hub.