Northern Territory Consolidated Acts

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) ACT - 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.

Maximum penalty:

        (a)     in the case of an individual – $10 000; or

        (b)     in the case of a body corporate – $50 000.

Note for subsection (1)

Strict liability applies to each physical element of this offence – see section 12B.

    (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 for subsection (3)

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.

Maximum penalty:

        (a)     in the case of an individual – $5 000; or

        (b)     in the case of a body corporate – $25 000.

Note for subsection (7)

Strict liability applies to each physical element of this offence – see section 12B.



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