Who must notify VIC WorkSafe of notifiable WHS incidents?

Death, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.

Victoria is not a model WHS law state: incident notification sits in the Occupational Health and Safety Act 2004 (Vic). An employer or self-employed person must notify WorkSafe Victoria on 13 23 60 immediately after becoming aware that a notifiable incident has occurred at a workplace under its management and control, follow up with written notification within 48 hours, and preserve the incident site until an inspector arrives or directs otherwise. Notifiable incidents are deaths, incidents requiring medical treatment (immediate in-patient hospital treatment, immediate treatment for listed injuries such as amputation, serious head or eye injury, degloving, electric shock, spinal injury or serious laceration, or treatment within 48 hours of exposure to a substance) and dangerous incidents such as uncontrolled spills, fires, explosions, falls of objects from height, structural collapses and failures of specified plant. Notification preserves WorkSafe's ability to investigate.

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

How the regulator frames it: Every employer (individual, company, partnership, association, franchise or not-for-profit, public or private) and every self-employed person in Victoria, for incidents at a workplace under its management and control. Where several employers manage or control the workplace (for example a principal contractor and a subcontractor), each has the duty. Notification may be delegated to a supervisor, but the legal responsibility stays with the employer. No notice is required where the employer or self-employed person is the only person injured or exposed.

What triggers it: Becoming aware of a death, an injury or illness needing the medical treatment described above, or an incident exposing a person to a serious risk from immediate or imminent exposure to a listed hazard (including plant incidents covered by the requirements that began on 1 July 2024).

Jurisdiction: Victoria law only. A business with no operations in VIC 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 by telephone on 13 23 60 (24 hours a day, 7 days a week); written notification within 48 hours; site preserved until an inspector arrives or gives a direction. An inspector's non-disturbance notice can last up to 7 days.

Frequency

When a triggering event occurs

Evidence to keep

Copy of the written notification (Incident Notification Form) kept for at least 5 years and made available to inspectors, injured or exposed persons and their representatives, the relevant health and safety representative and the health and safety committee; incident investigation report; record of site-preservation steps and any inspector directions.

Status

Current

Priority

Critical

Maximum penalty: Failure to notify WorkSafe of a notifiable incident is an offence under the OHS Act and may result in prosecution (WorkSafe Victoria). Separate duties to notify apply under the Dangerous Goods Act 1985 and the Dangerous Goods (Explosives) Regulations 2022.

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 SafeWork NSW of notifiable WHS incidents

• PCBU primary duty of care (Victoria OHS Act s 21): Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.

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 WorkSafe Victoria.

WorkSafe Victoria: Victorian WHS regulator and workers' compensation insurer (WorkCover scheme).

• WorkSafe Victoria

Free tools that help with this obligation:

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