Who must notify SafeWork NSW of notifiable WHS incidents?

Death, serious injury, illness, dangerous incident — notify SafeWork NSW immediately.

Part 3 of the Work Health and Safety Act 2011 (NSW) follows the model WHS Act: a person conducting a business or undertaking (PCBU) must ensure SafeWork NSW is notified immediately after becoming aware that a notifiable incident arising out of the business has occurred. A notifiable incident is the death of a person, a serious injury or illness, or a dangerous incident, even where no-one is hurt. SafeWork NSW takes notifications 24 hours a day on 13 10 50 because an urgent investigation may be needed. The person with management or control of the workplace must also leave the incident site undisturbed until an inspector arrives or gives a direction, keep a record of the incident, and separately tell the workers compensation insurer within 48 hours. The duty exists so the regulator can investigate while evidence is intact.

Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident)

How the regulator frames it: Every PCBU in New South Wales, whatever its size or structure, including sole traders. The site-preservation duty falls on the person with management or control of the workplace where the incident occurred.

What triggers it: A death; a serious injury or illness (one requiring immediate in-patient hospital treatment, or immediate treatment for an amputation, serious head or eye injury, serious burn, degloving or scalping, spinal injury, loss of a bodily function or serious lacerations, or medical treatment within 48 hours of exposure to a substance); or a dangerous incident such as an uncontrolled escape of gas or a substance, a fire or explosion, electric shock, a fall of plant or materials from height, or a structural or excavation collapse.

Jurisdiction: New South Wales law only. A business with no operations in NSW is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: yes).

The answer is the same in every industry: yes. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "yes".

Size does not change the answer across all industries: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. Every PCBU must notify the regulator of notifiable incidents (death, serious injury, dangerous incident)

When due

Immediately after becoming aware of the incident, by the fastest possible means (phone 13 10 50, available 24/7). If SafeWork NSW asks for written notice, it is due within 48 hours of that request. Notify the workers compensation insurer within 48 hours.

Frequency

When a triggering event occurs

Evidence to keep

A record of each notifiable incident, kept for at least 5 years from the day notice is given (model WHS Act s 38(7)); the SafeWork NSW notification reference; register of injuries entry; evidence the site was preserved (photographs, barricading, a log of anyone who entered); incident investigation report and corrective actions; insurer notification.

Status

Current

Priority

Critical

Maximum penalty: SafeWork NSW states the maximum penalty for failing to notify is $50,000 for a body corporate and $10,000 for an individual. Failing to preserve the site is a separate offence, and the underlying incident can expose the PCBU and its officers to prosecution for breach of the primary duty of care.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so does this one: the engine uses the same rule for each.

• Notify VIC WorkSafe of notifiable WHS incidents

• NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act: NSW mine operators face mine-specific WHS obligations + Resources Regulator oversight.
• PCBU 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.

Rules Mate tracks 28 published obligations tagged "whs", 23 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 16 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is triggered by events.

Regulated by SafeWork NSW.

SafeWork NSW: WHS regulator and workers' compensation insurer for NSW.

• SafeWork NSW

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness