Notify SafeWork NSW of notifiable WHS incidents
Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.
Who must comply
NSW PCBUs.
What triggers it
Notifiable incident at a workplace.
When due
Immediately by phone; written notice within 48 hours.
Evidence required
Notification record; incident investigation; scene preservation evidence.
Max penalty
Significant fines + industrial manslaughter prosecution risk
Summary
Sections 35-38 of the WHS Act 2011 (NSW) require notification of notifiable incidents (death, serious injury/illness, dangerous incident) immediately by phone, then within 48 hours in writing. Scene preservation duty pending inspector arrival.
Enforced by
Source legislation
Topics
Related obligations
- NSWPCBU primary duty of care (NSW WHS Act s 19)NSW PCBUs must so far as reasonably practicable ensure the health and safety of workers and others.
- NSWNSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act 2013)NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- NSWComply with NSW Design and Building Practitioners Act 2020Designers + builders of Class 2-9 buildings in NSW must register + lodge declarations.
- NSWPay long service leave under the LSL Act 1955 (NSW)NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
- NSWPay NSW land taxNSW land tax applies on aggregated unimproved land value above $1.075M general threshold (2026).
Frequently asked questions
- Who must comply with SafeWork NSW of notifiable WHS incidents?
- NSW PCBUs.
- What triggers SafeWork NSW of notifiable WHS incidents?
- Notifiable incident at a workplace.
- When is SafeWork NSW of notifiable WHS incidents due?
- Immediately by phone; written notice within 48 hours.
- What is the maximum penalty for SafeWork NSW of notifiable WHS incidents?
- Significant fines + industrial manslaughter prosecution risk
- What evidence is required for SafeWork NSW of notifiable WHS incidents?
- Notification record; incident investigation; scene preservation evidence.
Source: https://safework.nsw.gov.au/notify-safework-and-incident-recording. Rules Mate is not a law firm. Always verify against the live regulator source before acting.