New South Wales Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 38

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.

: Maximum penalty--

(a) for an individual--121 penalty units, or

(b) for a body corporate--607 penalty units.

(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 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.

: Maximum penalty--

(a) for an individual--61 penalty units, or

(b) for a body corporate--304 penalty units.

(8) Despite subsection (1), a person is not required to give notice under this section of an incident that occurs at a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.