The incident notification regime contained in the Model Work Health and Safety Act (Model Act) requires the person conducting the business or undertaking (PCBU) to identify when a notifiable incident has occurred and to ensure that the regulator is notified in a timely manner.

Notifiable incidents are not limited to deaths and serious injuries which occur in the workplace, the definition is much broader. It also encompasses dangerous incidents, which includes “near misses” and other incidents. Furthermore, a dangerous incident is not limited to incidents which occur in the workplace. Rather, it only needs to be an incident in relation to a workplace.

The broad definition of notifiable incident means that the PCBU needs to have policies and procedures in place to ensure that when a notifiable incident occurs, it is recognised by the appropriate manager or supervisor and acted upon promptly. This is a matter which will require training to ensure the breadth of the definition is properly understood throughout the business or undertaking.

See What is a notifiable incident?

The notification must occur immediately after the PCBU becomes aware that the notifiable incident has occurred. The notification may be by telephone or writing (including email etc) and must be by the fastest means possible.

So long as the PCBU complies with the time and form requirements and understands the scope of the definition of a notifiable incident, this is a relatively straightforward obligation under the Model Act.

Where the obligation becomes more complicated is where the obligation to notify is held by multiple people (which is frequently the case). Where this occurs, it becomes essential that there are appropriate systems in place to ensure the regulator is notified without delay, and that this obligation is not missed.

Each PCBU must also keep appropriate records in relation to each notifiable incident for at least 5 years after the notification is made to the regulator.

See Duty to notify regulator of a notifiable incident

There are significant penalties for failing to comply with the duty to notify the regulator, and/or for failing to comply with the record keeping obligation.