Quick answer: NDIS providers are subject to two separate incident reporting systems - one focused on participant safety under the NDIS framework, and one focused on worker and workplace safety under WHS law. The two regimes can overlap, but they are not interchangeable. A single incident can trigger obligations under both.
Last reviewed: June 2026 by the BlueSafe Technical Team.
NDIS and WHS regulations change. Always verify current requirements with the NDIS Commission and your state or territory WHS regulator before making compliance decisions.
Many registered NDIS providers manage incident reporting as a single task. In practice, there are two distinct regimes that can apply at the same time, with different regulators, different categories, and different timeframes. Knowing which system applies - and when both apply - is fundamental to meeting your obligations.
At a glance
| Feature | NDIS incident management | WHS incident management |
|---|---|---|
| Focused on | Participant harm and safety | Worker and workplace safety |
| Legal basis | NDIS Act 2013 and NDIS (Incident Management and Reportable Incidents) Rules | WHS Act (state/territory) and WHS Regulations |
| Who you report to | NDIS Quality and Safeguards Commission | State or territory WHS regulator (e.g. SafeWork NSW, WorkSafe VIC) |
| Initial notification timing | Within 24 hours of becoming aware | As soon as practicable (immediate) |
| Follow-up written report | Within 5 business days | Written preservation of records required; written report may be requested |
| Who is protected | NDIS participants | Workers, volunteers, visitors, and others at the workplace |
| Applies to | Registered NDIS providers | All persons conducting a business or undertaking (PCBUs) |
| Internal investigation required | Yes | Yes |
The NDIS incident management regime
NDIS registered providers must have an incident management system and report certain serious incidents to the NDIS Commission. The system is participant-focused - its purpose is to protect people receiving NDIS supports.
What triggers a reportable incident under the NDIS?
- Death of a participant
- Serious injury of a participant
- Abuse or neglect of a participant
- Unlawful physical or sexual contact or assault of a participant
- Unauthorised use of a restrictive practice
- Serious endangerment of the health or safety of a participant
The provider must notify the Commission within 24 hours of becoming aware, and submit a fuller written report within 5 business days.
For more detail on the NDIS incident framework, see the full guide: NDIS Incident Management - Reportable Incidents, Obligations and Procedures.
The WHS incident management regime
All persons conducting a business or undertaking (PCBUs) - which includes NDIS providers - have obligations under the work health and safety laws of the relevant state or territory. WHS incident management is workplace-focused. It is about preventing and responding to harm that occurs in the course of work.
What triggers a notifiable incident under WHS law?
WHS notifiable incidents fall into three categories:
- Death of a person - a worker or any other person
- Serious injury or illness - physical or psychological injury requiring immediate treatment by a medical practitioner, including fractures, amputations, serious lacerations, spinal injuries, loss of consciousness, burns requiring hospitalisation, and others specified in the regulations
- Dangerous incident - an unplanned, uncontrolled incident that seriously endangers one or more persons, even if no injury results (for example, collapse of a structure, an explosion, or a person being trapped)
Who is protected?
WHS obligations cover workers (including employees, contractors, and volunteers), but notifiable incidents extend to any person present at the workplace - including participants.
Who do you report to?
WHS notifiable incidents are reported to the relevant state or territory regulator, not the NDIS Commission. The regulator varies by jurisdiction:
- New South Wales - SafeWork NSW
- Victoria - WorkSafe Victoria
- Queensland - Workplace Health and Safety Queensland
- South Australia - SafeWork SA
- Western Australia - WorkSafe Western Australia
- Tasmania - WorkSafe Tasmania
- ACT - WorkSafe ACT
- Northern Territory - NT WorkSafe
For more on WHS notifiable incident obligations, see: Notifiable Incidents: What Must Be Reported to SafeWork Under WHS Law.
Timeframe
The WHS notification must be made as soon as practicable after becoming aware. This is an immediate obligation - it is not subject to a 24-hour window. The notification is typically made by phone or through the regulator's online portal.
After notifying, the PCBU must preserve the incident site until an inspector attends or clears the site, unless action is needed to make it safe or assist an injured person.
Where the two regimes overlap
The most common scenario where both regimes apply is a worker assaulted by a participant.
Example: A support worker is physically assaulted by a participant during a support session and suffers a serious injury.
Under the WHS regime, this is potentially a notifiable incident - a worker has suffered a serious injury in the course of work. The provider must notify the WHS regulator as soon as practicable.
Under the NDIS regime, this may also be a reportable incident if the assault involved unlawful physical contact or created serious endangerment of health or safety. The provider must notify the Commission within 24 hours and submit a report within 5 business days.
Both notifications must be made. One does not discharge the other.
Other scenarios where both may apply:
- A participant is seriously injured in an incident that also creates a dangerous situation for workers (both a reportable NDIS incident and potentially a WHS dangerous incident)
- A participant dies in circumstances that also raise WHS obligations regarding the work environment
- An aggression or violence incident involving both a participant and a worker
In each case, assess the facts against both frameworks separately.
How the two systems interact - and where they do not
| Issue | NDIS Commission | WHS regulator |
|---|---|---|
| Reports about participant harm | Receives notification | Generally not involved |
| Reports about worker injury or dangerous incidents | Generally not involved | Receives notification |
| Investigation of the incident | Required under NDIS rules | Required under WHS law |
| Corrective action | Required | Required |
| Scene preservation | Not specifically required | Required until cleared |
| Right to inspect | Commission may audit | Inspector may attend |
| Penalties for non-reporting | Yes | Yes |
Providers should not assume that completing one investigation or report satisfies both systems. The regulators are separate, the frameworks are separate, and the focus of each investigation is different.
Running a single internal investigation
While the two external reporting streams are separate, providers can conduct a single internal investigation that gathers the facts relevant to both.
A well-structured investigation should capture:
- what happened, where, and when
- who was involved - worker, participant, others
- the nature and severity of any injury or risk
- immediate actions taken
- contributing factors
- corrective actions identified
From that single body of facts, the relevant decision-makers can then assess which external reporting obligations are triggered and ensure both notifications are made within the required timeframes.
Practical steps for providers
- Train staff to understand that a single incident can trigger two separate reporting streams. Workers who only think about NDIS reporting may miss WHS notification obligations, and vice versa.
- Have a triage step in your incident management process that assesses the facts against both the NDIS reportable incident categories and the WHS notifiable incident categories.
- Assign clear responsibility for deciding on and making both notifications. Do not leave this to chance after a serious incident.
- Do not delay WHS notification while completing NDIS paperwork. The WHS obligation is immediate; the NDIS obligation allows up to 24 hours for initial notification.
- Preserve the incident site after any WHS notifiable incident until the regulator clears it or makes it safe to proceed.
- Keep records of both notifications - when they were made, to whom, and what was reported.
Related guides
- NDIS Incident Management - Reportable Incidents, Obligations and Procedures
- Notifiable Incidents: What Must Be Reported to SafeWork Under WHS Law
Frequently asked questions
Do NDIS providers need to report to both the NDIS Commission and the WHS regulator?
Yes, if the facts meet the threshold for both regimes. The two systems are independent. Reporting to one does not satisfy your obligation to the other. Assess each incident against both sets of criteria.
What is the difference between a reportable incident under the NDIS and a notifiable incident under WHS law?
NDIS reportable incidents relate to harm or serious risk to participants - death, serious injury, abuse, neglect, unauthorised restrictive practices, or serious endangerment of a participant's health or safety. WHS notifiable incidents relate to death, serious injury or illness, or dangerous incidents affecting workers, visitors, or others at the workplace. The categories and the regulators receiving the reports are different.
If a worker is assaulted by a participant, which regime applies?
Potentially both. If the worker suffers a serious injury, this may be a WHS notifiable incident reportable to the relevant state or territory WHS regulator. If the assault also constitutes unlawful physical or sexual contact involving a participant, or if a participant was harmed or seriously endangered, it may also be an NDIS reportable incident. Assess both frameworks separately.
What are the timeframes for each type of report?
Under the NDIS framework, initial notification to the Commission is required within 24 hours of the provider becoming aware, followed by a fuller written report within 5 business days. Under WHS law, the immediate notification to the regulator must be made as soon as practicable after becoming aware - this is typically a phone or online notification and must not be delayed. Always verify current timeframes with the relevant regulator.
This article is general information only and does not constitute legal advice. Requirements vary by jurisdiction and change over time. Always seek professional advice and verify current obligations with the NDIS Commission and your state or territory WHS regulator.