Notifiable Incidents in Australia — What You Must Report Under WHS Law

What Is a Notifiable Incident?

Under the Work Health and Safety Act 2011 (the model WHS Act, in force in every state and territory except Victoria, which has its own OHS Act), a notifiable incident is a workplace event that must be reported to the relevant WHS regulator. There are three categories:

1. Death of a person
2. Serious injury or illness
3. Dangerous incident (even if no one is injured)

Failure to notify is an offence under section 38 of the Act.

Category 1: Death

Any death of a person at a workplace, or as a result of work carried out at a workplace, is a notifiable incident. This includes:

• Workers (employees, contractors, labour hire)
• Visitors, customers, or members of the public
• Deaths that occur later in hospital if caused by the workplace incident

Category 2: Serious Injury or Illness

Under section 36 of the Act, a serious injury or illness is one that requires the person to have:

• Immediate treatment as an in-patient in a hospital, or
• Immediate treatment for one of the injuries in the table below, or
• Medical treatment within 48 hours of exposure to a substance.

The regulations add certain infections and diseases (regulation 699): an infection where work was a significant contributing factor, such as work with micro-organisms, providing care or treatment to people, contact with human blood or body substances, or handling animals and animal products; and diseases caught from animals such as Q fever, leptospirosis, brucellosis, anthrax, Hendra virus, avian influenza and psittacosis. A needlestick injury on its own isn't notifiable; an infection that results from one may be.

Category 3: Dangerous Incidents

Under section 37, a dangerous incident must be notified even if no one is injured. It is an incident that exposes a person to a serious risk from an immediate or imminent exposure to:

• An uncontrolled escape, spillage or leakage of a substance
• An uncontrolled implosion, explosion or fire
• An uncontrolled escape of gas or steam, or of a pressurised substance
• Electric shock
• The fall or release from a height of any plant, substance or thing
• The collapse, overturning, failure or malfunction of, or damage to, plant that must be authorised for use (for example certain cranes and pressure equipment)
• The collapse or partial collapse of a structure
• The collapse or failure of an excavation, or of shoring supporting it
• An inrush of water, mud or gas in workings, an underground excavation or a tunnel
• The interruption of the main ventilation system in an underground excavation or tunnel

Mines have extra notification rules under their own safety laws.

How to Notify the Regulator

Step 1: Immediate Phone Notification

Call your state or territory regulator immediately. Have the following information ready:

• Your name and contact details
• Business name and ABN
• Location of the incident
• Date and time of the incident
• Brief description of what happened
• Names of injured persons
• Whether the site has been preserved

Step 2: Written Notification (Within 48 Hours if Asked)

If you notified by phone and the regulator asks for written notice, you must give it within 48 hours of being asked (s 38(4)). Most regulators have an online form, and many businesses send the written notice straight away. Keep a copy of whatever you send. In Victoria the written record is always required within 48 hours (see below).

State and Territory Regulator Contact Details

Preserving the Incident Site

When a notifiable incident occurs, the PCBU must make sure, so far as reasonably practicable, that the site is not disturbed until an inspector arrives or the regulator says otherwise (s 39). You may only disturb the site to:

• Help an injured person
• Remove a person who has died
• Make the site safe or reduce the risk of a further notifiable incident
• Assist a police investigation
• Do something an inspector or the regulator has allowed

Document the scene with photographs and notes before anything is moved. This evidence is critical for the investigation.

Penalties for Failing to Notify

Maximum penalties differ between states and territories, and most are indexed every 1 July. As an example, these are the maximums in NSW, where one penalty unit was $123.31 in 2025–26:

Other places set their own amounts. In Western Australia, failing to notify carries up to $55,000 for a body corporate and $12,500 for an individual. In Victoria, section 38 of the OHS Act 2004 carries up to 1,200 penalty units for a body corporate and 240 for an individual (a Victorian penalty unit is $209.10 from 1 July 2026). Always check your regulator for current figures.

Record-Keeping Requirements

The PCBU must keep a record of each notifiable incident for at least 5 years from the day the regulator was notified (s 38(7)). The Act doesn't list what the record must contain; a useful record includes:

• Date, time, and location of the incident
• Description of what happened and injuries sustained
• Names and details of everyone involved
• Actions taken in response (first aid, emergency services, site preservation)
• Date and method of notification to the regulator
• Reference number provided by the regulator
• Corrective actions implemented

Victoria — Key Differences

Victoria operates under the Occupational Health and Safety Act 2004 (not the model WHS Act). The categories are broadly similar, with some differences:

• Employers and self-employed people must notify WorkSafe Victoria immediately, and must also give a written record within 48 hours, whether or not they are asked
• A copy of the record must be kept for at least 5 years
• The lists of incidents that must be notified differ in places
• Penalty amounts differ (see above)

If your workplace is in Victoria, check WorkSafe Victoria guidelines directly for the most current requirements.

Sources, checked 28 September 2026: WHS Act s 38 · Safe Work Australia fact sheet · NSW penalties · WorkSafe Victoria