Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 38

Duty to notify of notifiable incidents

  (1)   A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.

Penalty:   The tier D monetary penalty.

  (2)   The notice must be given in accordance with this section and by the fastest possible means.

  (3)   The notice must be given:

  (a)   by telephone; or

  (b)   in writing.

Example:   The written notice can be given by facsimile, email or other electronic means.

  (4)   A person giving notice by telephone must:

  (a)   give the details of the incident requested by the regulator; and

  (b)   if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.

  (5)   A written notice must be in a form, or contain the details, approved by the regulator.

  (6)   If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking:

  (a)   details of the information received; or

  (b)   an acknowledgement of receiving the notice.

  (7)   A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.

Penalty:   The tier F monetary penalty.


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