What Is a Notifiable Incident?
Under the Work Health and Safety Act 2011 (the Model WHS Act adopted by all states and territories except Victoria), a notifiable incident is a workplace event that must be reported to the relevant WHS regulator. There are three categories:
- Death of a person
- Serious injury or illness
- Dangerous incident (even if no one is injured)
Failure to notify is a criminal offence carrying significant penalties.
Immediate Obligation
The person conducting a business or undertaking (PCBU) must notify the regulator immediately after becoming aware that a notifiable incident has occurred. "Immediately" means as soon as practicable — typically by phone. A written report must follow within 48 hours.
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
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:
The specific injuries and illnesses that are notifiable include:
| Category | Examples |
|---|---|
| Amputation | Any amputation of a limb, finger, or toe |
| Serious head injury | Skull fracture, brain injury, loss of consciousness |
| Serious eye injury | Chemical splash, penetrating object, loss/risk of loss of sight |
| Serious burn | Burns requiring skin grafting or causing disfigurement |
| Spinal injury | Any injury to the spine requiring emergency treatment |
| Loss of bodily function | Paralysis, loss of movement, loss of sensation |
| Serious laceration | Deep cut requiring sutures, surgical repair, or causing significant blood loss |
| Medical treatment within 48h | Exposure to a substance requiring medical treatment within 48 hours |
| Infection | Work-related infection requiring medical treatment (e.g. needlestick) |
Category 3: Dangerous Incidents
A dangerous incident must be notified even if no one is injured. These are near-miss events that could have caused serious harm:
- Uncontrolled escape, spillage, or leakage of a substance (gas, chemical, biological agent)
- Uncontrolled implosion, explosion, or fire
- Uncontrolled escape of steam, gas, or pressurised substance
- Electric shock — including shock from faulty equipment
- Fall or release from height of plant, substance, or object that could injure
- Collapse or partial collapse of a structure, excavation, or mine
- Inrush of water, mud, or gas in mine or tunnel
- Interruption of breathing apparatus in a hostile environment
Not Sure if It's Notifiable?
When in doubt, notify. Over-reporting is far better than failing to report. Our free incident report form includes a built-in notifiable incident assessment checklist that walks you through every criterion.
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
After the phone call, you must submit a written notification within 48 hours. Most regulators provide an online form. Keep a copy of your written notification.
State and Territory Regulator Contact Details
| State/Territory | Regulator | Incident Hotline |
|---|---|---|
| NSW | SafeWork NSW | 13 10 50 |
| VIC | WorkSafe Victoria | 13 23 60 |
| QLD | Workplace Health & Safety Qld | 1300 362 128 |
| WA | WorkSafe WA | 1800 678 198 |
| SA | SafeWork SA | 1800 777 209 |
| TAS | WorkSafe Tasmania | 1300 366 322 |
| ACT | WorkSafe ACT | (02) 6207 3000 |
| NT | NT WorkSafe | 1800 019 115 |
| Commonwealth | Comcare | 1300 366 979 |
Preserving the Incident Site
When a notifiable incident occurs, the PCBU must ensure the incident site is not disturbed until an inspector arrives or directs otherwise. You may only disturb the site to:
- Protect the health and safety of any person
- Provide first aid or medical treatment
- Prevent a further dangerous incident
- Take essential action to make the site safe
Document the scene with photographs and notes before anything is moved. This evidence is critical for the investigation.
Do Not Clean Up
Cleaning up a notifiable incident site before an inspector gives permission is an offence. Even well-intentioned clean-up can destroy critical evidence and result in penalties.
Penalties for Failing to Notify
The penalties for failing to notify a notifiable incident are significant:
| Offence | Maximum Penalty (Body Corporate) | Maximum Penalty (Individual) |
|---|---|---|
| Failure to notify | $100,000 | $20,000 |
| Failure to preserve site | $100,000 | $20,000 |
| Failure to keep records | $50,000 | $10,000 |
Note: Victoria has its own penalty framework under the Occupational Health and Safety Act 2004, with penalties that may differ from the Model WHS Act amounts above.
Record-Keeping Requirements
The PCBU must keep a record of each notifiable incident for at least 5 years. The record must include:
- 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). While the categories of notifiable incidents are broadly similar, there are differences in:
- Notification timeframes — some incidents require notification within 48 hours rather than "immediately"
- Penalty amounts and structures
- The specific list of dangerous incidents
- Reporting forms and processes via WorkSafe Victoria
If your workplace is in Victoria, check WorkSafe Victoria guidelines directly for the most current requirements.
Document Incidents the Right Way — Free
Our free online incident report form includes a built-in notifiable incident assessment checklist, DRSABCD primary survey, GCS auto-calculator, and interactive body map. Compliant with Australian WHS regulations.
Use the Free Incident Report Form →