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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Work Health and Safety (Notification of Next of Kin)
Amendment Bill 2017
A BILL FOR
An Act to amend the
Work
Health and Safety Act 2012
.
Contents
Part 2—Amendment of Work Health and
Safety Act 2012
39ANotification of
next of kin
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Work Health and Safety (Notification of
Next of Kin) Amendment Act 2017.
This Act comes into operation on the day on which it is assented to by the
Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Work Health and Safety
Act 2012
After section 39 insert:
39A—Notification of next of
kin
(1) If a person suffers
a prescribed medical incident arising out of the conduct of a business or
undertaking, the person who conducts the business or undertaking must,
immediately after becoming aware of the incident, take all reasonable steps, in
accordance with
subsection (2)
, to notify the next of kin of the person suffering the incident that the
incident has occurred.
(2) A notification
under
subsection (1)
must be given by the fastest possible means (whether that is in person or
by telephone, fax, email or other electronic means) and must include as many
details of the incident as are within the person's knowledge.
(3) A person is not
required to comply with
subsection (1)
if the person is directly advised by the police, ambulance or some other
authority responsible for providing emergency services that they have already
notified the next of kin of the incident.
(4) A person who
conducts a business or undertaking out of which a prescribed medical incident
has arisen must make a record of the following details in relation to a
notification of the next of kin under this section:
(a) the name of the person who suffered the prescribed medical
incident;
(b) the date and time of the incident;
(c) the nature of the incident;
(d) either—
(i) in the case of a notification under
subsection (1)
—
(A) the name of the next of kin notified;
(B) the date and time of the notification;
(C) the method of notification (eg in person or by telephone, fax, email
or other electronic means); or
(ii) in the case of a notification by police, ambulance or other authority
(referred to in
subsection (3)
)—
(A) that fact; and
(B) the method by which the person conducting the business or undertaking
was advised that the notification of the next of kin had been made by the
police, ambulance or other authority (eg in person or by telephone, fax, email
or other electronic means);
(C) the date and time of that communication.
(5) A record made under
subsection (4)
must be kept for at least 5 years from the date of the incident.
(6) In this section—
next of kin, in relation to a person, means the person's
spouse or domestic partner, a parent or child of the person or a nominee of the
person;
prescribed medical incident, in relation to a person,
means—
(a) the death, serious injury or illness of the person; or
(b) any other incident that results in the person
requiring—
(i) medical treatment (other than superficial or minor medical treatment);
or
(ii) medical attention from ambulance or other emergency
services.