Notifiable Incident Report
A Notifiable Incident Report is a formal document submitted to a WHS regulator to report a workplace death, serious injury or dangerous incident. Under the Work Health and Safety Act 2011, businesses must notify the regulator immediately and preserve the incident site.
A formal record used by Australian businesses to notify the WHS regulator of serious workplace incidents like deaths, serious injuries or dangerous events as required by law.
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About this Document
A Notifiable Incident Report is a critical document for any Australian business or tradesperson. Under Australian law, you cannot keep serious workplace incidents to yourself. If a worker, contractor or member of the public is killed, seriously injured or put in immediate danger because of your work, you must report it to the relevant Work Health and Safety or Occupational Health and Safety regulator. This report serves as the official notification and record of that event. This guide explains exactly what this document is, when you need it, how to fill it out and the legal steps you must follow to stay compliant. The information in this guide applies to businesses across Australia. It covers the model Work Health and Safety laws used in most states and territories as well as specific requirements in Victoria and Western Australia. The primary piece of legislation you need to know is the Work Health and Safety Act 2011. This Act creates strict duties for Persons Conducting a Business or Undertaking, known as PCBUs. If you run a plumbing business, a construction site, a retail shop or a consultancy firm, you are a PCBU. The law requires you to ensure the health and safety of workers and others so far as is reasonably practicable. When something goes seriously wrong, your duty extends to notifying the regulator. The WHS Act 2011 defines a notifiable incident clearly. It includes the death of a person. It includes a serious injury or illness. It also includes a dangerous incident. A serious injury or illness is one that requires immediate treatment as an inpatient in a hospital. It includes serious head injuries, serious eye injuries, amputations and serious burns. If a person needs medical treatment within 48 hours of exposure to a hazardous substance, that is also notifiable. If a person requires immediate resuscitation or immediate first aid, you must notify the regulator. Dangerous incidents are events that expose a worker or anyone else to a serious risk to their health or safety, even if no one is hurt. Examples include the uncontrolled escape, spillage or leakage of a substance. It includes the uncontrolled implosion, explosion or fire. It includes the sudden or uncontrolled release of gas, steam or pressurised substance. If machinery fails and puts people at risk, that is a dangerous incident. If a structure like a scaffold collapses, that is a dangerous incident. The requirement to notify is immediate. You must call the regulator as soon as you become aware of the incident. Safe Work Australia provides guidance on the specific timeframes. In practice, this means picking up the phone immediately after you have secured the site and ensured there is no further danger to life. You cannot wait until the end of the day. You cannot wait until you have all the facts. You must make the initial notification by the fastest possible means. This is usually a phone call. After the initial phone call, you must follow up with a written Notifiable Incident Report. The regulator will usually ask you to submit this report within a specific timeframe, often 24 to 48 hours. Some regulators have online portals for this. Others accept email or fax. The written report creates a permanent record of the event. Completing the Notifiable Incident Report requires attention to detail. You must provide specific details about the business or undertaking. This includes the legal name of the PCBU, the ABN and the physical address of the workplace where the incident happened. You must provide details about the person involved. You need their name, age, gender and role, such as employee or contractor. You need to describe exactly what happened. Use plain language. State the facts as you know them. Do not guess. If you do not know a detail, say so. You must describe the nature of the injury or the potential for harm. You must list the date and time of the incident. You must describe the events leading up to the incident. This is important for investigators. It helps them understand the chain of events. You must also list any steps you have already taken to make the site safe. This might include shutting down machinery, cordoning off the area or administering first aid. Legal requirements do not stop at notification. When a notifiable incident occurs, the site becomes a crime scene until the regulator tells you otherwise. You must preserve the incident site. This means you must not disturb the site unless it is to save a life, secure the site or make the site safe. You must not interfere with or damage anything at the site. This includes machinery, equipment and debris. You must not remove any debris unless it is necessary to remove a trapped person or to make the area safe for emergency services. If you must disturb the site, you must record the nature of the disturbance before you do it. You must take photos if possible. You must keep a log of who enters and leaves the site. Failure to preserve the site is a serious offence. Penalties can include heavy fines and in some cases, imprisonment. There are also privacy considerations. The Notifiable Incident Report contains personal information about the injured person. You must handle this information carefully. You should only share it with the regulator and relevant authorities. You should check with the regulator before sharing details with the media or the public. The regulator may issue a prohibition notice. This notice stops you from carrying out specific work activities until the regulator is satisfied it is safe to continue. You must display the notice at the workplace. A Notifiable Incident Report is different from an internal incident investigation report. An internal report is for your own records. It helps you analyse what went wrong and improve your safety systems. The Notifiable Incident Report is for the government. It is a legal compliance document. You should keep a copy of the notifiable incident report for your own records. You may need it for insurance claims or Workers Compensation claims. It is good practice to review the report with your health and safety representatives or committee, if you have one. Common mistakes can cause significant problems. The biggest mistake is failing to notify the regulator at all. Some employers think a near miss does not matter. They are wrong. Dangerous incidents are notifiable even if no one is hurt. Another mistake is notifying the regulator too late. Delays can lead to prosecution. Some businesses try to clean up the site before the inspector arrives. This is illegal and destroys evidence. It can lead to charges for tampering with evidence. Another mistake is providing vague or incomplete information in the report. This can delay the investigation. You must provide as much detail as possible. Some employers try to shift blame in the report. The report should be factual. It is not the place to argue liability. Leave that for the investigation process. For small business owners and tradespeople, the process can be intimidating. You might worry about the cost of shutting down work. You might worry about your insurance premiums. However, hiding an incident is far worse. The penalties for failing to notify a regulator under the WHS Act 2011 are severe. For individuals, the fine can be up to $100,000. For bodies corporate, the fine can be up to $500,000. These figures vary slightly between jurisdictions, but the message is clear. You must report. If you operate in Victoria, the Occupational Health and Safety Act 2004 applies. The definitions are similar but the process involves WorkSafe Victoria. If you operate in Western Australia, the Work Health and Safety Act 2020 has recently commenced. It brings WA into line with the model laws. You need to know which regulator governs your state or territory. In New South Wales it is SafeWork NSW. In Queensland it is Workplace Health and Safety Queensland. In South Australia it is SafeWork SA. In Tasmania it is WorkSafe Tasmania. In the Australian Capital Territory it is WorkSafe ACT. In the Northern Territory it is NT WorkSafe. Documentation is key. You should have a template ready before an incident happens. You do not want to be searching for a form while an injured worker is on the way to hospital. Train your managers and supervisors on how to use the Notifiable Incident Report. Ensure they know the phone number for the regulator. Ensure they understand the duty to preserve the site. The report should be stored securely. It forms part of your business records. You may need to produce it during an audit or an investigation. The Notifiable Incident Report is not just paperwork. It is a fundamental part of the Australian work health and safety framework. It allows regulators to track trends in workplace safety. It allows them to intervene to prevent future harm. When you submit a report, you are contributing to a safer Australian workplace. But mostly, you are complying with the law. This guide covers the basics, but the law is complex. You should seek advice from a legal professional or a workplace safety consultant if you are unsure about your obligations. You should also refer to the Safe Work Australia website for the latest codes of practice. The codes of practice provide practical guidance on how to manage risks and respond to incidents. In summary, a Notifiable Incident Report is required for deaths, serious injuries and dangerous incidents. You must notify the regulator immediately. You must preserve the incident site. You must submit a written report. You must avoid common mistakes like delaying notification or disturbing the site. By following these steps, you protect your workers, your business and yourself from legal risk.
Key Facts
- Notifiable incidents include the death of a person, a serious injury or illness requiring immediate hospital treatment, or a dangerous incident exposing a person to a serious risk.— Work Health and Safety Act 2011 (Cth) s 35
- The Person Conducting a Business or Undertaking must notify the regulator by the fastest possible means as soon as they become aware of the incident.— Safe Work Australia Model WHS Laws
- A written report of the notifiable incident must be submitted to the regulator within 48 hours of the request by the inspector.— Work Health and Safety Act 2011 (Cth) s 36
- The incident site must not be disturbed until an inspector arrives or directs otherwise, except to relieve suffering, prevent property damage or make the site safe.— Work Health and Safety Act 2011 (Cth) s 39
- Serious injuries requiring notification include amputations, serious head injuries, serious eye injuries and serious burns.— Safe Work Australia Notifiable Incidents Fact Sheet
Sources
Required Sections
What is a Notifiable Incident
Explains the definitions of death, serious injury and dangerous incidents under Australian law.
A notifiable incident is a serious workplace event that you must report immediately to your workplace health and safety regulator. Under the Model Work Health and Safety (WHS) Act, the person conducting a business or undertaking (PCBU) must notify Safe Work Australia or the relevant state authority as soon as they become aware of the incident. Failing to report can lead to heavy fines for you and your business. There are three main categories of notifiable incidents.
The first category is the death of a person. This includes the death of a worker, contractor, or member of the public. It does not matter if the death happens instantly or if the person dies later from injuries sustained at work. You must report the death immediately. This requirement applies regardless of whether the incident happened at a work site, while travelling for work, or during a work-related activity.
The second category is a serious injury or illness. An injury is serious if it requires immediate treatment as an inpatient in a hospital. This usually means admission to the hospital for at least one night. If a person needs immediate medical treatment for injuries like amputations, serious head injuries, or serious burns, you must notify the regulator. Serious illnesses also count. Examples include serious psychological injuries or diseases contracted through work, such as silicosis, asbestosis, or severe chemical burns. If a worker loses consciousness or requires resuscitation, this is also notifiable.
The third category is a dangerous incident. This is where no one is hurt, but the incident exposes someone to a serious risk of injury or death. Regulators refer to these as near misses. You must report these to prevent them from happening again with worse consequences. Common examples in the trades include the collapse or partial collapse of a structure, such as a trench or scaffolding. An uncontrolled explosion, fire, or escape of gas or steam is notifiable. You must also report the uncontrolled escape of a hazardous substance, like spilled chemicals or asbestos fibres. Other examples include the failure or overturning of plant, such as a crane or forklift, or the accidental release of stored energy, like a snapped tension cable. If plant or equipment fails in a way that could harm someone, notify the regulator immediately.
Who is Responsible for Reporting
Identifies the Person Conducting a Business or Undertaking and their duties.
Who is Responsible for Reporting
Under the Work Health and Safety Act (WHS Act), the Person Conducting a Business or Undertaking (PCBU) holds the primary legal duty to notify the regulator of a notifiable incident. For sole traders and small business owners, you are the PCBU. This means the legal obligation sits squarely on your shoulders. If you run a company, the business entity is the PCBU, but the responsibility falls on the business to ensure the report happens immediately. Failing to notify Safe Work Australia or your state regulator such as SafeWork NSW, WorkSafe Victoria, or WorkCover QLD can result in significant fines for the business.
While the PCBU carries the ultimate duty, practical reporting relies on a chain of communication. Officers, such as company directors, have a separate duty under Section 27 of the WHS Act to exercise due diligence to ensure the business complies with its obligations. This means officers must actively verify that systems are in place for workers to report incidents and that the business actually notifies the regulator when required. You cannot simply assume a manager has made the call.
For a typical trade or construction site, the responsibility is shared through the hierarchy of control. Managers and supervisors play a critical operational role. They are often the first point of contact when an incident occurs. While they do not hold the personal legal duty of the PCBU to notify the regulator, their job description and internal company policies usually require them to alert the PCBU or senior management immediately.
Supervisors must secure the site to ensure no further harm occurs and preserve the incident scene until an inspector arrives. They must then gather the facts and pass them up the chain without delay. If a supervisor fails to inform the business owner that a serious injury or fatality has occurred, the PCBU might miss the notification deadline. In this scenario, the PCBU is still liable for the failure to report, but the supervisor may face disciplinary action for breaching internal safety protocols.
To meet your legal obligations, you must ensure your team knows what constitutes a notifiable incident. This includes the death of a person, a serious injury or illness, or a dangerous incident that exposes a serious risk to health or safety. Clear procedures are essential. Every worker, from apprentice to site manager, needs to understand that notifying their supervisor is the first step. The business owner or PCBU must then make the formal notification to the regulator immediately, usually by phone, followed by a written report within 48 hours.
How to Notify the Regulator
Step-by-step instructions on the immediate notification process.
Immediate Steps and Verbal Notification
If someone is seriously injured or there is an immediate danger to health and safety, call 000 immediately. Request the required emergency services and ensure the area is safe for first responders. Do not attempt a rescue if doing so puts your own life at risk.
Once the immediate emergency is under control, you must secure the site to prevent further injury or damage. This might include shutting down machinery, stopping work in the area, or locking out electrical supplies. However, do not disturb the site more than necessary. You need to preserve the scene so inspectors can determine the cause of the incident. You must not interfere with or remove anything relevant to the incident unless you have a valid reason, such as saving a life or making the site safe, and you have consulted with the regulator.
You are required to notify the relevant regulator immediately after becoming aware of a notifiable incident. Under the Work Health and Safety Act 2011 (Cth) and mirrored state legislation, immediate notification means as soon as possible after the incident happens. Do not wait until the end of the day or until you have completed your own internal investigation.
Find the direct phone number for the work health and safety regulator in your state or territory. Keep this number stored in your phone and written down in your site diary. In New South Wales, contact SafeWork NSW. In Victoria, contact WorkSafe Victoria. In Queensland, contact Workplace Health and Safety Queensland. If you are operating in a different state or territory, look up the local WHS authority.
When you call, be ready to provide specific details. You will need to give your name and contact number, along with the name of your business or the person conducting the business or undertaking. You must describe the location of the incident, including the address. Provide the date and time of the incident. Explain clearly what happened, the nature of the incident, and the number of people involved. If a person has been injured, you must state the nature of the injuries. If a fatality has occurred, you must inform the regulator immediately.
Ensure the person making the call has direct knowledge of the incident. The regulator will likely give you instructions regarding the site and may ask you to wait for an inspector. Following these instructions is a legal requirement under WHS regulations.
Completing the Written Report
Guide on filling out the Notifiable Incident Report form accurately.
Incident Details
Describe exactly what happened. Use clear and objective language. State the date, time, and specific location of the incident. Write down the sequence of events leading up to the incident and what occurred immediately after. Do not include personal opinions or theories. Stick to the observable facts. For example, write "The worker fell from a height of two metres" rather than "The worker was careless." This approach aligns with the evidentiary standards required under the Work Health and Safety Act 2011 (Cth) and corresponding state legislation.
Person Involved
Record the full name, date of birth, and occupation of the injured or involved person. Provide their job title and the main tasks they were performing at the time of the incident. Include their contact information and residential address. If the person is a visitor or contractor, clearly state their employer and the nature of their work at your site. This information is essential for the notification requirements set out in the Work Health and Safety Regulations.
Nature of Injury
Describe the injury exactly as reported by the person involved. Only record what you can see or what the person tells you. Do not attempt to diagnose the medical condition or guess the severity of the injury. Use simple anatomical descriptions, such as "a laceration to the left forearm" or "bruising to the lower back." Avoid medical terminology unless you are a qualified medical professional. Do not speculate on recovery times or permanent impairment.
Witness Details
List the names and contact numbers of everyone who saw the incident. Ask each witness for a brief statement regarding what they saw. Record these statements in their own words as soon as possible after the event while their memory is fresh. Ensure you separate facts from observation. For example, record if a witness heard a sound or saw a specific action, rather than what they think caused the failure. Accurate witness statements are vital for investigations conducted by Safe Work Australia or the state safety regulator.
Immediate Control Measures
Detail the immediate actions taken to make the site safe following the incident. This includes shutting down machinery, isolating power sources, or administering first aid. Explain how you secured the area to prevent further injury. This section demonstrates that you have fulfilled your primary duty of care under the Model Code of Practice: How to Manage Work Health and Safety Risks.
Management Acknowledgement
A senior officer, such as a director or PCBU, must sign and date the report. This signature confirms that the business has reviewed the incident details and acknowledges the notification obligation to the relevant regulator.
Preserving the Incident Site
Legal requirements for securing the scene after an incident.
Preserving the Incident Site
Under Section 39 of the Work Health and Safety Act, the person conducting a business or undertaking (PCBU) has a strict legal duty to preserve the incident site until an inspector arrives or directs otherwise. This duty applies automatically when a notifiable incident occurs. The goal is to ensure the site remains exactly as it was immediately following the incident so authorities can determine the cause and prevent future harm.
You must not disturb the site or interfere with anything involved in the incident. This includes plant, equipment, substances, or the immediate physical area. For example, if a worker falls from scaffolding, do not dismantle or alter the scaffolding structure. If a chemical spill causes injury, do not clean up the spill. Even shifting debris or moving tools can destroy vital evidence. You must treat the site as a scene of a crime. Only take action if you need to make the area safe or if an inspector gives you permission.
There are two specific exceptions where you may disturb the site without an inspector’s direction. The first exception is to save a life, relieve suffering, or prevent injury to a person. If an injured worker is trapped under machinery and you need to move that machinery to free them, you do so. The preservation of the site does not override the need to save a life. The second exception is to prevent damage to property or the environment. This might involve turning off a valve to stop a major gas leak or containing a chemical to prevent it from entering a waterway.
If you do disturb the site for these reasons, you must keep a record of what you changed and why. You should take photos or make notes showing the condition of the site before you touched it. Once the immediate threat is managed, you must stop any further interference. Do not resume work or clean up the area until an inspector attends the site and issues a written notice releasing it. Failure to comply with Section 39 is a serious offence and can result in significant penalties. If you are unsure whether you can touch something, the safest option is to leave it alone and contact the regulator for advice.
Optional Sections
Actions After Reporting
What to expect after the report is submitted.
Once you notify the regulator, they will review the details and decide on the next steps. The response often depends on the severity of the incident. For a serious workplace injury or a dangerous incident, expect immediate contact from the regulator, such as Safe Work NSW, WorkSafe Victoria, or WorkCover Queensland.
Site Inspections Inspectors may visit your site immediately to secure the scene and gather evidence. They usually arrive without notice. During a visit, they will examine the site, take photographs, and measure distances. They will check if you have complied with the Work Health and Safety Act (WHS Act) in your state or territory. You must cooperate with the inspector. You cannot obstruct or hinder them during their inspection. If they ask for the site to be left undisturbed, do not clean up or remove machinery until they give permission.
Prohibition and Improvement Notices If an inspector finds an immediate risk to health and safety, they may issue a Prohibition Notice. This stops you from carrying out a specific activity until the risk is fixed. The notice will state which part of the WHS Act or WHS Regulations has been breached and what you must do to comply. You must display the notice in a visible place near the hazardous work area. They may also issue an Improvement Notice, which gives you a set timeframe to fix a less urgent safety breach. You cannot ignore these notices. Failing to comply can result in heavy fines or prosecution.
Investigation Interviews The regulator may launch a formal investigation to determine the cause of the incident. They will conduct interviews with workers, managers, and witnesses. These interviews are serious legal proceedings. In some cases, the investigator will conduct the interview under caution. This means they are gathering evidence for a potential prosecution. You have the right to have a support person or a lawyer present during an interview. Do not guess answers if you are unsure. It is better to say you do not know than to provide incorrect information.
Requests for Further Information You may receive a formal notice requesting documents and records. This can include Safe Work Method Statements (SWMS), material safety data sheets, maintenance logs, and worker training records. You must provide these documents by the specified deadline. The regulator uses these to check your compliance with the Code of Practice relevant to your industry. Keep accurate records readily available. Failure to provide requested information is an offence and can lead to penalties.
Common Mistakes to Avoid
Frequent errors businesses make during the reporting process.
Notifying the regulator immediately
The most frequent error is waiting too long to contact Safe Work Australia or the relevant state regulator, such as SafeWork NSW, WorkSafe Victoria, or Workplace Health and Safety Queensland. Under the Work Health and Safety Act 2011 (Cth) and corresponding state Acts, you must notify the regulator of a notifiable incident immediately after you become aware of it. Immediate means you must pick up the phone straight away. Do not wait for the police to arrive, do not wait for your insurance broker, and do not wait until the end of the work day. Failing to report instantly can result in significant fines for both the business and the individual Person Conducting a Business or Undertaking (PCBU).
Preserving the incident site
Another critical mistake is disturbing the scene before an inspector gives permission. Tradespeople often unintentionally move tools, clean up spills, or start repairing damaged equipment to get the job running again. You must not interfere with or disturb the site until an inspector directs you or issues a notice that you are no longer required to keep the incident site undisturbed. The only exception is if you need to help an injured person or remove an immediate risk to health and safety. If you do need to move something to save a life, make a record of exactly what you moved and why. Breaching this section of the WHS Regulations is a serious offence.
Providing vague or incomplete information
When you call the regulator, you must provide specific details. A common error is giving a general statement like "we had a fall" without explaining the circumstances. You need to be ready with the exact time and location of the incident, a clear description of what happened, the nature of any injuries, and the names of the people involved. Vague reporting delays the regulator's response and can trigger compliance checks. Have your site diary and employee records handy when you make the call to ensure accuracy.
Failing to update the regulator
A notifiable incident does not end with the first phone call. If the condition of an injured worker worsens, you must inform the regulator again immediately. If a worker initially seems fine but is later admitted to intensive care, the incident classification changes. You are legally required to update the regulator if there is a change in the injured person's medical condition or if the incident results in a death that was not apparent at the time of the initial report. Keep a line of communication open until the matter is fully resolved.
Frequently Asked Questions
What is a Notifiable Incident Report?
When do I need a Notifiable Incident Report?
Is a Notifiable Incident Report legally required in Australia?
What is the time limit for notifying a notifiable incident?
Who is responsible for submitting the Notifiable Incident Report?
Can I clean up the site before submitting the report?
What happens if I do not report an incident?
Do I report incidents involving contractors or the public?
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