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Compliance Guide

Notifiable Incidents: What Must Be Reported to SafeWork Under WHS Law

✍️ BlueSafe Technical Team📅 28 Nov 2025

Quick answer: A notifiable incident under the WHS Act is a workplace death, a serious injury or illness requiring immediate hospital treatment, or a dangerous incident (near miss exposing a person to serious risk). You must notify your state regulator immediately and must not disturb the incident site until given permission.

Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Model WHS Regulations.

If an accident happens on your site, do you know if you need to call SafeWork?

Under the WHS Act, you are legally required to notify the regulator immediately after becoming aware of a "Notifiable Incident." However, not every cut finger or minor trip is notifiable. Reporting unnecessary items wastes time, while failing to report a serious incident is a criminal offence.

What is a Notifiable Incident?

A Notifiable Incident falls into three categories:

1. The Death of a Person

Any fatality arising out of the conduct of the business or undertaking.

2. A Serious Injury or Illness

This means an injury that requires:

  • Immediate treatment as an inpatient in a hospital.
  • Immediate treatment for:
    • Amputation of any part of the body.
    • Serious head injury.
    • Serious eye injury.
    • Serious burn.
    • Separation of skin from underlying tissue (degloving).
    • Spinal injury.
    • Loss of bodily function.
    • Serious lacerations.
  • Medical treatment within 48 hours for exposure to a substance.

Note: "Immediate treatment" means the kind of urgent treatment usually provided by a doctor. It does not include minor first aid.

3. A Dangerous Incident (Near Miss)

This is an incident that exposes a person to a serious risk to their health or safety, even if no one was actually hurt. Examples include:

  • Collapse of a trench or excavation.
  • Collapse of a scaffold or crane.
  • Electric shock.
  • Uncontrolled escape of gas or steam.
  • Fire or explosion.
  • Fall of a heavy object from height.

What to Do If a Notifiable Incident Occurs

  1. Call 000: If there is an immediate emergency, call emergency services.
  2. Preserve the Site: This is a critical legal requirement. You must not disturb the incident site until an inspector arrives or gives you permission.
    • Exceptions: You can disturb the site to assist an injured person, remove a deceased person, or make the site safe to prevent further injury.
  3. Notify the Regulator: You must notify your state regulator (e.g., SafeWork NSW, WorkSafe VIC) by the fastest possible means (usually phone). Written notification may be required within 48 hours.
  4. Record the Incident: Keep a record of the incident for at least 5 years.

Internal Reporting

Even if an incident is not notifiable to the regulator (e.g., a sprained ankle), it should still be reported internally within your company. Recording minor incidents and "near misses" helps you identify trends and fix hazards before they cause a serious injury.

State and Territory Variations

The information on this page is based on the Model WHS Regulations published by Safe Work Australia, which have been adopted (with minor variations) by most states and territories.

JurisdictionWHS regulatorNotification contact
NSWSafeWork NSW13 10 50
VICWorkSafe Victoria13 23 60
QLDWorkplace Health and Safety Queensland1300 362 128
SASafeWork SA1300 365 255
WAWorkSafe Western Australia1300 307 877
TASWorkSafe Tasmania1300 366 322
ACTWorkSafe ACT02 6205 0200
NTNT WorkSafe1800 019 115

Always verify current requirements with your state regulator, as written notification timelines and methods may differ.

Frequently asked questions

What is a notifiable incident under WHS law?

A notifiable incident is a workplace death, a serious injury or illness requiring immediate hospital treatment (or treatment within 48 hours for substance exposure), or a dangerous incident that exposes a person to serious risk even if no one was hurt.

How quickly must I notify the regulator?

Immediately after becoming aware — by phone as the fastest possible means. Written notification may be required within 48 hours depending on your jurisdiction.

Can I disturb the site after a notifiable incident?

No. You must preserve the site until an inspector arrives or gives permission. The only exceptions are to assist an injured person, remove a deceased person, or prevent further injury.

Is every workplace injury a notifiable incident?

No. Only deaths, serious injuries requiring immediate hospital treatment, and dangerous incidents are notifiable. Minor first aid injuries are not notifiable to the regulator but should still be recorded internally.

Be Prepared

Ensure your site has a clear incident reporting and investigation procedure and that all workers know who to call in an emergency. Having the correct forms ready can save valuable time in a crisis.

Need documentation ready before something happens? Download the Incident / Near Miss Report and the Incident Reporting and Investigation Procedure.

Need Help with Compliance?

Get the templates mentioned in this guide to ensure you meet your obligations.

Still have questions?

Our team of WHS experts is here to help.