Notifiable Incident — Decision Aid (Australia)

A decision aid for a competent person — not legal advice, not an auto-decider. When in doubt, notify.
Read first. This aids a judgement; it does not make it. Failing to notify is an offence. The categories below are the law in force as at June 2026. The model WHS Act amendments of 5 Dec 2025 (violent/psychosocial incident, notifiable suicide, 15-day extended absence, arc-flash, mobile-plant items) are NOT yet law in any jurisdiction — they are deliberately excluded here; re-check your jurisdiction's enacting bills. Always verify against the current Act/Regulation and your site's own scheme. If unsure → notify.

1 · Where, and what kind of site?

2 · What happened?

Tick anything that applies. Any one tick = notifiable.

Serious injury or illness — the person required:

Dangerous incident — a serious risk to anyone from immediate/imminent exposure to:

Work-related infection / illness (Q fever, Leptospirosis, Hendra, Psittacosis…)?
These are not in the WHS Act's injury list — they're notifiable via the Regulations, and the named-disease list is regulator-specific. If a worker has a serious illness where work is a significant contributing factor (esp. a zoonosis), check your regulator's published list and notify if listed. When in doubt, call the regulator.

If it IS notifiable — do all three (model WHS / OHS):

  1. Notify the regulator immediately by the fastest means (phone), then in writing within 48 hours if the regulator requires it.
  2. Preserve the incident site (s39) — don't disturb plant/substance/thing until an inspector arrives or directs. You may disturb it to help an injured person, remove a deceased person, make it safe / prevent a further incident, or for police.
  3. Keep a record of the notifiable incident for at least 5 years.

About / sources

Built 2026-06-26. Model WHS Act ss 35–39 (death / serious injury or illness / dangerous incident; notify immediately; preserve site; 5-yr record) — applies in NSW, QLD, SA, TAS, ACT, NT, Cth and WA general industry (WHS Act 2020). Victoria uses the OHS Act 2004 — list differs (no "serious burn" item; electric shock listed as an injury; mining folded into the general Act; indictable offence). Mine/quarry/petroleum sites notify the resources regulator (QLD = RSHQ; NSW = Resources Regulator; WA = DEMIRS) under a separate High Potential Incident (HPI) + serious-accident scheme — the model ss 38/39 don't apply to NSW mines.

Decision aid for a competent person; not legal advice. Verify against the current Act/Regulation and your site's scheme. The 5 Dec 2025 model amendments are excluded (not yet law). Disclaimer applies to the duty holder's own judgement.