Sections 35–39: WHS Notifiable Incidents

Regulatory citation: Work Health and Safety Act 2011 (model law), Sections 35–39

What Are WHS Notifiable Incidents?

Sections 35 to 39 of the Work Health and Safety Act 2011 require a PCBU to notify the WHS regulator when certain serious incidents occur at work. A notifiable incident is the death of a person, a serious injury or illness of a person, or a dangerous incident, arising out of the conduct of the business or undertaking. The regulator uses these notifications to decide whether to investigate, and to identify trends across industries.

Why Notification Matters

Prompt notification allows the regulator to respond quickly, preserve evidence and prevent similar incidents elsewhere. Failing to notify is an offense in its own right, separate from any breach that caused the incident.

What Must Be Notified

1. Death of a Person

Any death arising out of the conduct of the business or undertaking, whether the person was a worker or a member of the public.

2. Serious Injury or Illness (Section 36)

An injury or illness requiring immediate treatment as an in-patient in a hospital, or immediate treatment for specified injuries such as amputation, serious head injury, serious eye injury, serious burns, degloving or scalping, spinal injury, loss of a bodily function or serious lacerations, or medical treatment within 48 hours of exposure to a substance. Certain infections and zoonoses linked to work are also included.

3. Dangerous Incident (Section 37)

An incident that exposes a person to a serious risk from immediate or imminent exposure to hazards such as an uncontrolled escape of substances, fire or explosion, uncontrolled escape of gas or steam, electric shock, a fall or release from height of plant, substances or things, the collapse or failure of plant or structures, the collapse or failure of an excavation, or the inrush of water, mud or gas, even if no one is injured.

Core Obligations

1. Notify Immediately (Section 38)

The PCBU must ensure the regulator is notified immediately after becoming aware that a notifiable incident has occurred, by the fastest possible means, either by telephone or in writing.

2. Provide Written Notice if Required

If the regulator requires it, the PCBU must provide a written notice of the incident within 48 hours of that requirement being made.

3. Keep Records for Five Years

The PCBU must keep a record of each notifiable incident for at least five years from the day the notice was given to the regulator.

4. Preserve the Incident Site (Section 39)

The person with management or control of the workplace must ensure, so far as is reasonably practicable, that the site is not disturbed until an inspector arrives or directs otherwise. Exceptions allow action to assist an injured person, remove a deceased person, make the site safe or minimize further risk, or where police or the regulator permit it.

Changes to the Model Law in 2025

In December 2025, Safe Work Australia published amendments to the model WHS Act that expand what must be notified. The changes include new categories such as violent incidents (including sexual assault), dangerous incidents involving mobile plant and serious falls, work-related suicide and attempted suicide, and extended worker absences of 15 or more calendar days. They also clarify that site preservation extends to evidence such as electronic records and witness details.

These changes take legal effect only once each state or territory adopts them into its own WHS laws, and timelines will vary. Until then, the notification rules in your jurisdiction's current legislation apply. Check with your local WHS regulator before changing internal reporting procedures.

Common Compliance Approaches

A Written Notification Procedure

Document who is responsible for notifying the regulator, how to contact them after hours, and what information to have ready. Make sure supervisors on every shift know the process.

Clear Definitions for Frontline Leaders

Give supervisors a simple guide to what counts as a serious injury or dangerous incident, with examples relevant to your operations, so borderline cases are escalated rather than missed.

Site Preservation Kits

Keep barrier tape, signage and a checklist ready so the incident scene can be secured quickly while still allowing first aid and actions to make the area safe.

Centralized Incident Records

Store notifications, regulator reference numbers and investigation records in one system to meet the five-year record-keeping requirement and support trend analysis.

Example: Notifiable Incidents in Practice

On a construction site, an unsecured load falls from a crane and lands in an exclusion zone moments after workers have left it. No one is hurt. The site manager recognizes this as a dangerous incident involving the fall of an object from height, stops crane operations, secures the area and phones the WHS regulator immediately. The regulator asks for written notice, which the principal contractor submits within 48 hours. The scene is left undisturbed, apart from making the load safe, until an inspector authorizes the site to be released, and the notification is recorded in the company's incident management system.

Frequently Asked Questions

What is a notifiable incident under WHS law?

Under the model WHS Act, a notifiable incident is the death of a person, a serious injury or illness, or a dangerous incident arising out of the conduct of a business or undertaking. Serious injuries include those requiring immediate in-patient hospital treatment or immediate treatment for specified injuries such as amputations and serious burns. Dangerous incidents are events that expose people to serious risk, such as structural collapses, uncontrolled chemical releases or falls of plant or materials from height, even when no one is actually hurt. Recent model law amendments expand these categories, but they apply only once adopted in each jurisdiction.

How quickly must a notifiable incident be reported?

The regulator must be notified immediately after the PCBU becomes aware of the incident, using the fastest possible means, either by phone or in writing. If the regulator asks for written notice, it must be provided within 48 hours of the request. In practice, this means businesses need a clear, 24/7 notification procedure, because incidents often occur outside normal office hours.

Can we clean up the incident site before an inspector arrives?

Only in limited circumstances. The person with management or control of the workplace must, so far as is reasonably practicable, keep the site undisturbed until an inspector arrives or gives directions. Exceptions include assisting injured people, removing a deceased person, making the site safe to prevent further harm, and actions permitted by police or the regulator. Businesses should document any changes made to the scene and why.

How long do notifiable incident records need to be kept?

The WHS Act requires a record of each notifiable incident to be kept for at least five years from the day notice was given to the regulator. Many organizations keep incident and investigation records for longer to support trend analysis, workers' compensation matters and potential legal proceedings.