What Is A Notifiable Incident?
Understand notifiable incidents, including psychological risks, under WHS laws.
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Notifiable incidents to Safe Work Australia now include events that pose a serious risk of psychological injury, or the very serious event of a suicide attempt related to the work environment.
It is a step in the right direction that these notifications can be reviewed in order to prevent serious critical incidents from happening again.
Understanding what constitutes a notifiable incident is crucial for maintaining workplace safety and compliance.
A notifiable incident includes serious injuries, illnesses, or dangerous occurrences that must be reported to the appropriate regulatory authorities. These incidents often involve significant harm or potential risk to workers’ health and safety.
Reporting hazards and incidents promptly and accurately is essential. It ensures that necessary measures are taken to prevent recurrence, helps in maintaining a safe working environment, and ensures compliance with legal and regulatory requirements.
What is a notifiable incident?
A notifiable incident is an event that must be reported to regulatory authorities due to its severity and potential impact on health and safety. This includes:
Workplace violence
Violent incidents that exposes a worker or other person to a serious risk to a person’s physical or psychological health and safety.
Suicide attempt
Notification of the suicide or attempted suicide of a worker would be required where there are indicators that suggest a potential link to work or the work environment.
Extended leave
Serious work-related injuries and illnesses that are not already notifiable through the timely notification of a worker’s absence period of 15 or more consecutive calendar days due to psychological or physical injury, illness or harm.
These changes are in alignment with the psychosocial health and safety code of practice, however, it is important to note that any changes will not take effect until they have been rolled out by the WHS regulators.
What are the legal and regulatory requirements?
The primary legislation governing the reporting of notifiable incidents in Australia is the Work Health and Safety (WHS) Act, and reporting notifiable incidents is a legal requirement under this law. The Act applies to all persons conducting a business or undertaking (PCBUs), which broadly includes employers, self-employed persons, and others with management or control of a workplace.
Under the WHS Act, PCBUs must notify their relevant state or territory WHS regulator immediately upon becoming aware of a notifiable incident — this includes workplace deaths, serious injuries or illnesses, and dangerous incidents. A written notification must also follow, typically within 48 hours.
The incident site must be preserved until an inspector arrives or provides further direction. Records of notifications must be retained for a minimum of five years.
Failure to report can result in substantial fines and legal consequences, with penalties applying to both individuals and organisations.
What are the benefits of reporting notificable incidents?
Timely reporting ensures that immediate measures are taken to address hazards, protecting employees from further harm. It also triggers the preservation of the incident site, which is critical to understanding exactly what occurred and preventing recurrence.
Proper reporting and investigation help identify the root causes of incidents, leading to improved safety practices and compliance with regulations. This ultimately fosters a safer work environment for everyone.
A culture of transparent reporting builds trust between employers and workers and demonstrates a genuine commitment to safety. It also supports continuous improvement in workplace health and safety systems.
Reporting contributes to broader industry and national safety data, helping regulators identify trends and develop more effective guidance and standards over time.
Responsibilities of employers and employees
Employers
Must report notifiable incidents to the relevant regulatory authority immediately after becoming aware of them. They are also required to preserve the incident site until an inspector arrives or directs otherwise.
Employees
Should promptly report any incident they witness to their employer or supervisor, ensuring that the employer can fulfill their reporting obligations.
Jurisdiction-specific regulations
Different states and territories may have additional or specific requirements. For instance:
- New South Wales (NSW): Requires reporting to SafeWork NSW.
- Victoria: Incidents must be reported to WorkSafe Victoria.
- Australia-Wide: Each state and territory operates under its WHS laws but follows the general framework provided by the national WHS Act.
These regulations ensure a consistent approach to incident reporting across various jurisdictions, contributing to the overall safety and health standards in Australian workplaces.
For current requirements in your jurisdiction, contact:
- NSW: SafeWork NSW — 13 10 50
- VIC: WorkSafe Victoria — 13 23 60
- QLD: Workplace Health and Safety Queensland — 1300 362 128
- WA: WorkSafe WA — 1800 678 198
- Commonwealth/Federal: Comcare — 1300 366 979
What are the reporting procedures for notifiable incidents?
Immediate actions to take following an incident
- Ensure the safety of all individuals involved by providing first aid or emergency medical assistance.
- Secure the incident area to prevent further harm or interference with the scene.
Step-by-step guide on how to report an incident
1. Notification
Inform the designated health and safety officer or supervisor immediately.
2. Document Details
Collect all pertinent information, including the nature of the incident, the individuals involved, and any immediate measures taken.
3. Contact Authorities
Report the incident to the appropriate regulatory body, such as SafeWork NSW or WorkSafe Victoria, as required by local regulations.
4. Submit Reports
Complete and submit any required documentation, such as incident forms or online reports, as specified by the regulatory authority.
5. Follow-Up
Cooperate with any investigations and provide additional information if requested by authorities.
Consequences of failing to report
Legal and Financial Penalties Failure to report notifiable incidents can result in substantial fines and legal action against the employer.
Regulatory bodies like SafeWork NSW and WorkSafe Victoria have the authority to impose penalties, which can escalate with the severity and nature of the violation. In 2019, a construction company was fined $90,000 for failing to report a worker’s serious injury caused by faulty equipment.
This lack of reporting delayed the investigation and corrective actions, putting other workers at risk.
Impact on Workplace Safety Culture
Neglecting to report incidents undermines the safety culture within an organization. It can lead to a lack of trust among employees, decreased morale, and an environment where safety is not prioritized, increasing the likelihood of future incidents.
Sources:
- SafeWork NSW
- Safe Work Australia
- Victorian Government
Related Content:
- What Is Employee Counselling?
- How Much Do EAPs Cost?
- Mental Health Sick Leave Explained
- Are EAPs Confidential?
- Cost of Poor Mental Health in the Workplace
Answers to the frequently asked questions.
Our last EAP was barely touched. Why would this be different?+
Most EAPs go unused because of how they're accessed, not because staff don't need them. Phoning a stranger, explaining yourself, then waiting weeks is enough to stop most people before they start. Foremind removes all three steps: staff see real counsellor profiles, pick someone themselves, and book the same day.
If you already have a provider, the question worth asking is what your current utilisation is. Most traditional EAPs sit in low single digits, which means you're paying for cover your people aren't reaching. If yours is being used, staff can get seen quickly, and it covers your psychosocial obligations, there's no reason to move. If not, it's worth knowing what you're getting for the spend.
Do you offer 24/7 support?+
Yes. A 24/7 after-hours crisis line means staff can reach someone immediately at any hour, including nights and weekends.
Counselling appointments are also available outside standard business hours, so shift-based and on-call teams aren't limited to a nine-to-five window. Those are two different things, and it's worth checking any provider offers both rather than just the crisis line.
Are your EAP counsellors based in Australia?+
Yes. Every practitioner on the platform holds current membership with an Australian professional body and practises under Australian standards, codes of ethics and disciplinary frameworks. There are no offshore call centres.
Practitioners hold membership with the Australian Counselling Association, the Psychotherapy and Counselling Federation of Australia, or the Australian Association of Social Workers, along with a current Working with Children or Vulnerable People Check.
How much does an EAP cost?+
Pricing is usually per employee per month, based on total headcount rather than how many people use the service. Costs vary widely depending on whether sessions are bundled in and whether compliance tooling is included.
A more useful comparison is cost per employee who actually uses it. An EAP with 2% utilisation can work out several times more expensive per person helped than one that gets used. Foremind offers pay-as-you-go, inclusive session plans and compliance-inclusive plans, with discounted pricing for not-for-profits and charities.
For full breakdown of our plans, see our EAP pricing page or request a quote for a tailored proposal.
What information does an employer receive about EAP usage?+
Nothing that could identify anyone. All counselling is completely confidential and all reporting is anonymous - you'll never see who booked, when, or what was discussed.
What you do see is the aggregated picture: how many people are using it, what psychosocial risks are prevalent in the business, and which teams are under pressure. Enough to know the investment is working and where to act, never enough to identify a person. Reporting thresholds mean small teams can't be reverse-engineered from the data.
Does having an EAP meet an employer's psychosocial duty of care?+
No. An EAP is a control measure, and a valuable one, but it only addresses harm after it has occurred. It doesn't identify hazards, assess risk, or evidence that controls are working.
Australian WHS law requires you to identify psychosocial hazards, assess the risk, control it so far as is reasonably practicable, and review whether those controls are working — with documented evidence at each step. Offering counselling on its own leaves three of those four steps undocumented.
Foremind covers both in one platform. See how the compliance side works in our product tour.