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Legal & regulatory

Notifiable incident

A notifiable incident is a death, serious injury or illness, or dangerous incident that a PCBU must report to the WHS regulator immediately (and in writing within 48 hours). The list is defined in ss35–37 of the model WHS Act and the site must be preserved until an inspector arrives or directs otherwise.

Legal context

The notifiable-incident concept exists so regulators can intervene quickly on serious safety events. "Serious injury or illness" includes amputation, serious head or eye injury, separation of skin from underlying tissue (degloving/scalping), spinal injury, loss of bodily function, serious lacerations, and conditions requiring immediate inpatient treatment or medical treatment within 48 hours of exposure to a substance. "Dangerous incident" captures near-miss-type events — uncontrolled escape of a substance, uncontrolled implosion / explosion / fire, electric shock, fall or release of plant from height, collapse of a structure, and several mining and tunnelling categories. The PCBU must notify the regulator immediately by phone or the regulator’s online form, then in writing within 48 hours. Until an inspector arrives or otherwise directs, the site of the incident must be preserved (s39) — disturbing it without authority is itself an offence.

Practical use

In practice, the on-call decision is "is this on the list?" If yes, phone the regulator first; do the paperwork second. RAE IQ's incident module flags notifiable events automatically based on the injury/dangerous-incident taxonomy and produces a regulator-ready notification record.

Common questions

Is a near-miss notifiable?

Only if it meets the "dangerous incident" definition in s37 — for example, an uncontrolled explosion, fall of plant from height, or escape of a hazardous substance. A close call without one of the listed exposures is not notifiable, but should still be investigated internally.

How fast is "immediately"?

Regulators interpret "immediately" as as-soon-as-the-PCBU-becomes-aware. In practice that means a phone call within minutes once the scene is safe and emergency services are engaged. Written notification follows within 48 hours.

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47 WHS and HSWA terms with legal context, FAQs and regulator references.