Section 38 — Work Health and Safety Act 2011: Duty to notify of notifiable incidents

(1) A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred. Penalty: The tier D monetary penalty. (2) The notice must be given in accordance with this section and by the fastest possible means. (3) The notice must be given: (a) by telephone; or (b) in writing. Example: The written notice can be given by facsimile, email or other electronic means. (4) A person giving notice by telephone must: (a) give the details of the incident requested by the regulator; and (b) if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made. (5) A written notice must be in a form, or contain the details, approved by the regulator. (6) If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking: (a) details of the information received; or (b) an acknowledgement of receiving the notice. (7) A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section. Penalty: The tier F monetary penalty.