Notifiable Incidents Explained: Essential Guide for Australian Employers

Serious workplace incidents can happen even in well-run businesses. When they do, Australian employers have strict legal duties to notify the regulator and manage the site safely.

If you’re unsure what counts as a “notifiable incident,” when to report it, or what to do next, you’re in the right place. In this guide, we’ll break down your obligations in plain English and walk you through a practical response plan, so you can meet your legal duties and look after your people.

What Is a Notifiable Incident in Australia?

Across most of Australia, work health and safety (WHS) laws require a person conducting a business or undertaking (PCBU) - which includes most employers - to notify the safety regulator immediately after becoming aware of a notifiable incident.

Under the model Work Health and Safety Act (adopted in all jurisdictions except Victoria), a notifiable incident means one of the following events arising out of the conduct of your business or undertaking:

• Death of a person (worker, contractor, visitor or member of the public).
• Serious injury or illness, which generally includes any injury/illness that requires immediate hospital treatment, serious head or eye injuries, spinal injuries, amputations, serious lacerations, serious burns, or exposure to a substance that requires medical treatment.
• Dangerous incident (also called a “near miss”) that exposes a person to a serious risk to their health or safety. Examples include an uncontrolled escape, spillage or leakage of a substance, electric shock, explosion or fire, collapse or failure of a structure, plant or equipment failure (such as a forklift tipping), or an uncontrolled release of gas, steam or pressure.

In Victoria, similar duties exist under the Occupational Health and Safety Act 2004. The terminology and regulator name differ, but the concept is the same: if there’s a serious incident connected with your business, you must notify the regulator promptly and preserve the site (with limited exceptions).

The key question to ask is: did the incident arise from your business activities and create a serious risk, serious injury/illness, or fatality? If yes, you’re likely dealing with a notifiable incident.

Who Must Notify, and When?

The duty to notify sits with the PCBU - in practice, this means the business owner, company or person in control of the workplace. If multiple businesses are involved (for example, principal and subcontractors), each may have duties to notify.

Timing

Notification must be made to the relevant state or territory regulator immediately after you become aware of the notifiable incident. Immediate notification usually means by telephone, followed by written notification if requested (or within the timeframe specified by the regulator, commonly within 48 hours).

Which regulator?

• New South Wales: SafeWork NSW
• Queensland: WorkSafe Queensland
• Victoria: WorkSafe Victoria
• Western Australia: WorkSafe WA
• South Australia: SafeWork SA
• Tasmania: WorkSafe Tasmania
• ACT: WorkSafe ACT
• Northern Territory: NT WorkSafe

Contact details and online forms are available on the regulator’s website. Always make the call first if there’s any doubt - it’s better to notify and be told it’s not notifiable than to delay and risk non-compliance.

What Should You Do Immediately After a Notifiable Incident?

Responding correctly protects people and minimises legal risk. Here’s a practical sequence to follow.

1) Provide First Aid and Emergency Response

• Call emergency services if needed (000).
• Provide first aid and make the area safe for responders.
• Evacuate if there’s ongoing risk (e.g. gas leak, fire, structural collapse).

2) Preserve the Site

WHS laws require you to preserve the site of a notifiable incident, so it is not disturbed until an inspector arrives or directs otherwise. You can only disturb the site to:

• Assist an injured person.
• Remove a deceased person.
• Make the area safe to prevent a further incident.
• Facilitate a police or emergency services response.

“Preserving the site” generally means isolating the area, keeping plant and equipment in the same state post-incident, and documenting anything that must be moved for safety reasons (photos, notes).

3) Notify the Regulator

Call the regulator immediately. Be prepared to provide basic details: what happened, where and when, who was involved, the nature of any injuries, and any immediate control measures you’ve taken. Keep a record of the time and content of your call.

4) Secure Records and Evidence

• Take photos or video of the site (from a safe position).
• Record names and contact details of witnesses.
• Secure relevant documents (risk assessments, Safe Work Method Statements, maintenance logs, training records).

5) Support Your People

Communicate with affected workers and offer support, such as access to your Employee Assistance Program (EAP) if available. Clear and compassionate communication helps reduce anxiety and maintains trust.

6) Plan Your Internal Investigation

Once the site is safe and the regulator has been notified, you should commence an internal investigation to identify root causes and corrective actions. Depending on the situation, you may also need to consider whether any worker should be temporarily reassigned or stood down while you investigate. If that comes up, follow a fair process and refer to your standing down an employee pending investigation obligations.

Common Examples of Notifiable Incidents

To make this concrete, here are scenarios that typically trigger notification:

• A worker suffers an amputation while using an unguarded machine.
• An electrician receives an electric shock during maintenance work.
• A warehouse racking system collapses, causing serious injury.
• A contractor is exposed to a hazardous chemical requiring immediate hospital treatment.
• A member of the public is killed by falling materials at your construction site perimeter.
• An explosion in a plant room causes a serious risk to anyone nearby (even if no one is ultimately injured).

Scenarios that usually are not notifiable include minor first-aid injuries, ordinary illnesses unrelated to work (e.g. a cold), or incidents that do not arise out of your business activities.

Your Legal Duties Beyond Notification

Notifying the regulator is just one part of your broader health and safety obligations. As an employer, you owe a duty of care to provide a safe workplace so far as is reasonably practicable. After any serious incident, regulators expect you to demonstrate that your safety management system is effective and that you’re taking corrective action.

Consultation With Workers

You must consult with workers (and any health and safety representatives) about safety matters, including incident findings and proposed changes. Keep written records of consultation.

Cooperation and Coordination

If multiple duty holders are involved (for example, a principal contractor and subcontractors), you must consult, cooperate and coordinate activities to manage risks.

Record Keeping

Keep records of notifiable incidents for the period required by law (under the model WHS framework, at least five years). This includes notification details, investigation reports, corrective actions, training evidence and communications.

Policies, Procedures and Training

Make sure you have a clear incident reporting procedure, emergency response plan, and fit-for-purpose workplace policies. Train your people on how to escalate incidents and preserve the site. Where safety-critical behaviours are a factor (e.g. operating vehicles or plant), you may consider lawful and reasonable testing protocols - see our guide on drug testing employees for compliance basics.

How To Investigate and Prevent Recurrence

An effective investigation is about learning, not blaming. Use a structured approach that identifies root causes and practical controls.

Step 1: Gather Facts

• Collect incident reports, witness statements and photos.
• Secure plant logs, maintenance records and training records.
• Map the sequence of events (a simple timeline helps).

Step 2: Analyse Causes

• Consider immediate causes (e.g. guarding missing) and underlying causes (e.g. procurement, supervision, training, maintenance scheduling).
• Look at human factors and system factors - both matter.

Step 3: Implement Controls

• Apply the hierarchy of controls (eliminate the hazard where possible, then substitute, isolate, engineer, administer, and as a last resort use PPE).
• Update procedures, retrain workers, and monitor compliance.

Step 4: Communicate and Review

• Consult with workers, explain the changes, and invite feedback.
• Schedule a follow-up review to check that controls are working.

Where the incident raises potential conduct issues, follow a fair process. That may include a show cause process and (in serious cases) considering suspension or stand down in line with your Employment Contract and policies, and taking care with any disciplinary steps. Good documentation is critical if an outcome is later challenged.

Penalties for Failing To Notify or Preserve the Site

Regulators can issue improvement notices, prohibition notices, infringement notices and prosecute for breaches. Penalties for failing to notify or preserve the site can be substantial and may include:

• Significant fines for companies and individuals (including officers).
• Enforceable undertakings or court orders.
• Reputational damage and increased regulatory scrutiny.

Proactive compliance is always less costly than reactive enforcement. Having clear processes, trained managers and accessible incident checklists will help you respond quickly and confidently.

Practical Tips To Be “Notification-Ready”

• Write it down: Document your emergency response and incident reporting procedure and keep it where supervisors can access it fast (paper and digital). If your team needs a one-pager, create one.
• Nominate roles: Assign who will call the regulator, who will preserve the site, and who will manage internal communications.
• Train supervisors: Run regular briefings and toolbox talks. Use case studies so leaders recognise a notifiable incident when they see one.
• Test your system: Drill your process periodically. A short simulation can expose gaps before a real event does.
• Tidy up your documents: Ensure your safety procedures align with your contracts and internal rules, including your Workplace Policy suite and any whistleblowing channels via your Whistleblower Policy.
• Keep communication lawful: When an incident occurs, be mindful of privacy, defamation and workplace laws - good practice is to follow clear workplace communication rules and stick to factual updates.

FAQs: Quick Answers to Common Employer Questions

Do I still need to notify if no one was injured?

Yes, some dangerous incidents are notifiable even if no one was injured (for example, an explosion, an electric shock or a structural collapse that created a serious risk). If in doubt, call the regulator.

What if a contractor, visitor or member of the public is harmed?

The duty to notify applies if the incident arises out of your business or undertaking - regardless of whether the person harmed is an employee, contractor or visitor. Multiple duty holders may need to notify.

Can I keep operating the site while I wait for the inspector?

Yes, but you must preserve the incident site (unless you need to disturb it for safety or emergency reasons). You can continue operations elsewhere if it’s safe to do so.

How long do I need to keep the records?

Under the model WHS framework, keep notifiable incident records for at least five years. Check any jurisdiction-specific variations that may apply to your business.

Should I undertake drug and alcohol testing after an incident?

Post-incident testing may be appropriate if it’s lawful, reasonable and consistent with your policy. Get familiar with the legal basics of drug testing employees and ensure your policy is clear and consistently applied.

How Your Employment Documents Help (And Why They Matter)

Strong, up-to-date documents make it much easier to manage serious incidents fairly and lawfully.

• Employment Contract: Clear terms around duties, safety obligations, cooperation in investigations, and stand-down/suspension provisions help you act decisively after an incident. Review your standard Employment Contract to ensure it supports your processes.
• Workplace Policies: Your incident reporting procedure, emergency plan, fitness for duty, drug and alcohol, and consultation policies should align and be easy to follow. If you don’t have a suite in place, consider a comprehensive Workplace Policy package.
• Communication Protocols: Align internal incident communications with your legal obligations and your broader workplace communication legislation duties to reduce risk of privacy or defamation issues.
• Investigation Process: Have a clear, fair process for incident-related investigations. Where alleged misconduct is involved, it may be appropriate to follow a structured process that could include a stand-down - see the guidance on standing down an employee pending investigation.

Key Takeaways

• A notifiable incident includes a death, serious injury/illness or a dangerous incident arising from your business activities - you must notify the regulator immediately.
• Preserve the site (with limited emergency exceptions), provide first aid, and keep detailed records while you wait for inspector directions.
• Your broader WHS duties continue: consult with workers, investigate root causes, implement controls, and keep records for at least five years.
• Clear procedures, trained supervisors and aligned documents - including your Employment Contract and Workplace Policies - make incident response smoother and legally safer.
• If in doubt about whether an incident is notifiable, call your state or territory regulator. It’s safer to notify than to delay and risk penalties.
• Getting tailored legal advice early can help you meet your duties, manage risk and protect your people and business.

If you’d like a consultation on managing notifiable incidents and strengthening your workplace policies and processes, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.