Ministers have agreed on new safety incident notification reforms.

Australia’s work health and safety (WHS) ministers have reached a consensus on a series of recommendations to enhance incident notification provisions within the model WHS Act. 

The proposed amendments aim to clarify current provisions, address existing gaps, and specifically improve the handling of notifications related to psychosocial hazards and psychological harm, including serious workplace violence and attempted suicide.

The changes will be drafted by Safe Work Australia in collaboration with the Parliamentary Counsel’s Committee, with the goal of finalising the amendments by early 2025. 

However, these changes will only take effect in each jurisdiction once they are incorporated into the local WHS laws.

The review, which follows the 2018 examination of model WHS laws, intends to ensure the provisions align with the objectives outlined in the 2008 National Review. 

The updated provisions seek to capture relevant incidents emerging from new work practices, industries, and arrangements, and enhance WHS regulators' visibility on work-related psychological injuries and illnesses.

The primary changes include:

  • Clarification on types of incidents: Only incidents arising from the conduct of the business or undertaking will need to be notified.

  • Objective test for serious injury/illness: Establishing a clear criterion for determining when an incident must be notified.

  • Duties of PCBUs: Clearer responsibilities for Persons Conducting a Business or Undertaking (PCBUs) to notify each other about incidents.

  • Medical treatment notification: Guidelines on who may be providing medical treatment for exposure to a substance.

  • Preserving evidence: Rules regarding the preservation of evidence and incident sites.

Additional updates aim to fill critical gaps and offer more certainty for PCBUs, such as:

  • Notification of dangerous incidents involving falls, electrical hazards, and mobile plant

  • Notification of all serious injuries and illnesses, including head injuries, crush injuries, and bone fractures

  • Capturing violent incidents that do not result in serious physical injuries but pose significant psychological risks

  • Immediate notification of work-related suicides or attempted suicides when there are indicators of a potential link to work

Furthermore, the changes will ensure the timely notification of work-related injuries and illnesses resulting in a worker’s absence of 15 or more consecutive calendar days due to psychological or physical harm.

Safe Work Australia will also produce detailed guidance to assist duty holders in understanding what is and is not notifiable under the new requirements once they are in effect. 

This effort follows extensive public consultation conducted from June 2021 to September 2022, with 62 submissions received by the close of the consultation period in September 2023.

For more information on the public consultation process and to read the submissions, visit Safe Work Australia's Consultation Hub.