Notifiable Incident
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A notifiable incident is a serious workplace event, such as a death, serious injury or illness, or a dangerous incident, that a PCBU must report to the relevant Work Health and Safety regulator as soon as it becomes aware of it under Australian WHS law.
A notifiable incident is a serious workplace event that Australian Work Health and Safety law requires a PCBU to report to the relevant WHS regulator. The categories are the death of a person, a serious injury or illness, and a dangerous incident that exposes people to a serious risk, even if no one is hurt. The PCBU must notify the regulator immediately on becoming aware that a notifiable incident has occurred.
What is notifiable under the model WHS Act
Section 35 of the model Work Health and Safety Act, as at 5 December 2025, defines a notifiable incident as any of the following arising from the conduct of a business or undertaking: the death of a person, a serious injury or illness of a person, a dangerous incident, or a violent incident.
The same Part adds two further things a business must notify. A notifiable extended absence is a worker's absence reasonably attributable to a physical or psychological injury or illness arising from the business or undertaking, where the worker has been absent for 15 or more consecutive days, or expects to be on a medical practitioner's opinion and tells the business (section 35A). A notifiable suicide covers a worker's death by suicide or attempted suicide in listed work-connected circumstances, and some suicides of other people at a workplace where it is a reasonably foreseeable risk (section 35B).
These are the model law. Each state and territory decides whether and when to adopt model changes, so the version in force where you work may still be the earlier list of three incident types, without violent incidents, extended absences or suicides. Check with your regulator. Victoria is not a model WHS state; its duties sit under the Occupational Health and Safety Act 2004. This page is general information, not legal advice.
Sources: Safe Work Australia: model Work Health and Safety Bill (5 December 2025), Part 3
What counts as a serious injury or illness
Section 36 sets the list. Most categories turn on what the injury would ordinarily need, whether or not treatment is available or sought.
| Category | What it covers |
|---|---|
| (a) Hospital in-patient | An injury or illness that would ordinarily require immediate treatment as an in-patient of a hospital |
| (b) Listed injuries | Injuries that would ordinarily require immediate treatment: amputation of a body part; a serious eye injury; a serious burn; separation of skin from underlying tissue, such as degloving or scalping; a spinal injury, including a fracture of vertebrae; a fracture of the pelvis, skull or other facial bones; another serious bone fracture; a serious crush injury; the loss of a bodily function; serious lacerations |
| (c) Brain injury | A serious brain injury or illness from a significant blow, knock or other shock to the head, or from repeated blows, knocks or shocks |
| (d) Substance exposure | An injury or illness for which the person seeks treatment from a registered medical practitioner, nurse or paramedic within 48 hours after exposure to a substance |
| (e) Prescribed | Any other injury or illness prescribed by the regulations |
Serious injury or illness, section 36 of the model WHS Act (5 December 2025)
Sources: Safe Work Australia: model Work Health and Safety Bill (5 December 2025), Part 3
What counts as a dangerous incident
Under section 37, a dangerous incident is one of the listed incidents in relation to a workplace that immediately or imminently exposes a person to a serious risk to their health or safety. Nobody needs to be hurt for it to be notifiable.
| Item | Incident |
|---|---|
| (a) | An uncontrolled escape, spillage or leakage of a substance |
| (b) | An uncontrolled fire, implosion or explosion, including an electrical explosion or an arc flash explosion |
| (c) | An uncontrolled escape of gas or steam |
| (d) | An uncontrolled escape of a pressurised substance |
| (e) | An electric shock |
| (f) | The fall or release from a height of a thing |
| (g) | The collapse, overturning, failure or malfunction of, or damage to, plant that must be authorised for use under the regulations |
| (h) | A mobile plant incident: mobile plant overturns or partially overturns, collides with a person or thing, pins a person, ejects a person, malfunctions, or moves while not under control |
| (i) | The collapse or partial collapse of a structure |
| (j) | The collapse or failure of an excavation or of any shoring supporting it |
| (k) | An inrush of water, mud or gas in workings, an underground excavation or a tunnel |
| (l) | The interruption of the main system of ventilation in an underground excavation or tunnel |
| (m) | A serious fall: from one level to a lower level, into a hole, trench, pit or void, into a body of water, or onto a dangerous surface or object |
| (n) | Another incident prescribed by the regulations |
Dangerous incidents, section 37 of the model WHS Act (5 December 2025)
A violent incident (section 37A) is one that exposes a person to a serious risk of psychological harm: a sexual assault or suspected sexual assault, a physical assault including with bodily fluids, deliberate deprivation of liberty without lawful authority, or a threat of any of these where it is reasonably believed the person making it intends to and can carry it out.
Sources: Safe Work Australia: model Work Health and Safety Bill (5 December 2025), Part 3
How to notify, and what to preserve
A notifiable incident or notifiable suicide must be notified to the regulator immediately after the business becomes aware of it, and a notifiable extended absence within 14 days (section 38). Notice goes by the fastest possible means, by telephone or in writing, and only once for the same event. After a phone notification the regulator can require a written notice within 48 hours.
The person with management or control of the workplace must, so far as is reasonably practicable, preserve the site until an inspector releases it, and preserve the evidence, including electronic and digital records and witness details (section 39). That does not prevent helping an injured person, removing a deceased person, action essential to make the site safe or prevent a further occurrence, action for a police investigation, or anything an inspector or the regulator permits. The business and the workplace manager must also tell each other about the occurrence immediately (section 39A).
Failing to notify, or to preserve the site, is a tier D offence. The model Act's Schedule 4 sets its base maximum at $14,000 for an individual and $70,000 for a body corporate, indexed by CPI each year from 1 July 2024; each jurisdiction sets its own amounts.
Sources: Safe Work Australia: model Work Health and Safety Bill (5 December 2025), Part 3
Key facts you can cite
Under section 35 of the model WHS Act as at 5 December 2025, a notifiable incident is a death, a serious injury or illness, a dangerous incident or a violent incident arising from a business or undertaking.
Source: Safe Work Australia, model Work Health and Safety Bill, checked 21 September 2026
A worker's work-related absence of 15 or more consecutive days is a notifiable extended absence under the model WHS Act, to be notified within 14 days (sections 35A and 38).
Source: Safe Work Australia, model Work Health and Safety Bill, checked 21 September 2026
A notifiable incident must be notified to the regulator immediately after becoming aware of it, by the fastest possible means, by telephone or in writing (section 38 of the model WHS Act).
Source: Safe Work Australia, model Work Health and Safety Bill, checked 21 September 2026
A mobile plant overturn, collision, pinning, ejection, malfunction or uncontrolled movement is a dangerous incident under section 37 of the model WHS Act when it exposes a person to a serious risk.
Source: Safe Work Australia, model Work Health and Safety Bill, checked 21 September 2026
The site of a notifiable incident must be preserved until an inspector releases it, along with evidence including electronic and digital records and witness details (section 39 of the model WHS Act).
Source: Safe Work Australia, model Work Health and Safety Bill, checked 21 September 2026
Reuse these lines with attribution: cite the named primary source, and link this page if the summary helped.
Why it matters
Mandatory notification lets regulators respond quickly, investigate serious events, and identify systemic risks before they cause further harm. Failing to notify, or disturbing an incident site before authorised (other than to make it safe or assist an injured person), can itself be an offence. Clear internal reporting and record keeping help ensure notifiable incidents are recognised and reported within the required timeframe.
How MapTrack helps
MapTrack captures incident reports against the assets and locations involved, creating a timestamped record that helps organisations identify notifiable incidents quickly and preserve the details needed for regulator notification and later investigation.
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Frequently asked questions
What types of incidents are notifiable?
Under section 35 of the model WHS Act as at 5 December 2025 there are four types: the death of a person, a serious injury or illness, a dangerous incident, and a violent incident. The same model law also requires notice of a worker's work-related absence of 15 or more consecutive days and of certain work-related suicides. States and territories adopt model changes on their own timetable, so the law where you work may still use the earlier three types (death, serious injury or illness, dangerous incident): check with your regulator.
How quickly must a notifiable incident be reported?
Under section 38 of the model WHS Act, a notifiable incident must be notified to the regulator immediately after becoming aware of it, by the fastest possible means, by telephone or in writing; a notifiable extended absence has 14 days. The site must then be preserved until an inspector releases it, along with evidence such as electronic records and witness details, except to help an injured person, remove a deceased person, make the site safe, assist a police investigation, or as an inspector or the regulator permits (section 39).
Related terms
Incident Reporting
Incident reporting is the formal process of recording, notifying, and investigating workplace events including injuries, illnesses, near misses, property damage, and environmental releases. In Australia, certain incidents must be notified to the WHS regulator under the notifiable incident provisions of the WHS Act. Effective incident reporting captures what happened, where, when, who was involved, the immediate causes, and contributing factors.
Person Conducting a Business or Undertaking (PCBU)
A person conducting a business or undertaking (PCBU) is the legal concept used in Australian Work Health and Safety (WHS) law to identify who holds the primary duty of care for safety. A PCBU is usually a company, partnership, sole trader, or other organisation rather than an individual. It must ensure, so far as is reasonably practicable, the health and safety of workers and other people affected by its activities.
Officer Due Diligence
Officer due diligence is the personal duty Australian Work Health and Safety law places on officers, such as directors and senior executives, to exercise care in ensuring their organisation meets its WHS obligations. It is a proactive duty: officers must take reasonable steps to acquire knowledge of safety matters, understand the operation and its hazards, and ensure the business has and uses appropriate resources and processes to manage risk.
Root Cause Analysis (RCA)
Root cause analysis is a structured investigation method used to identify the fundamental reason a failure, defect, or incident occurred rather than simply addressing the visible symptoms. RCA traces the chain of events backwards from the observed problem to the deepest organisational, process, or design factor that, if corrected, would prevent recurrence. Common RCA techniques include the 5 Whys, fishbone (Ishikawa) diagrams, fault tree analysis, and barrier analysis. In maintenance contexts, RCA is typically triggered after a significant equipment failure, a safety incident, or a recurring defect that standard corrective actions have failed to resolve. The output of an RCA is a set of corrective and preventive actions assigned to responsible parties with target completion dates. A well-executed RCA also documents the investigation methodology, the evidence reviewed, and the logic connecting the root cause to the observed failure, creating a reference that can be applied to similar assets and situations across the organisation.
Safety Management System (SMS)
A safety management system (SMS) is a structured framework of policies, procedures, responsibilities, and processes that an organisation uses to manage workplace health and safety risks. It typically includes hazard identification, risk assessment, incident reporting, emergency planning, training, auditing, and management review. In Australia, an SMS aligns with the WHS Act duties and may follow standards such as AS/NZS ISO 45001.
Cite this definition
Writing about this topic? You’re welcome to quote this definition. Here’s the wording to use so your readers can find the original.
A notifiable incident is a serious workplace event that Australian Work Health and Safety law requires a PCBU to report to the relevant WHS regulator.
- Short attribution
- MapTrack Glossary: Notifiable Incident, https://www.maptrack.com/glossary/notifiable-incident
- Reference list
- MapTrack. (2026). Notifiable Incident [Glossary definition]. Retrieved from https://www.maptrack.com/glossary/notifiable-incident
Free to reuse with credit under a Creative Commons Attribution 4.0 licence. If you’d rather link straight to it, the page is https://www.maptrack.com/glossary/notifiable-incident.
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