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WHS Regulator Warning PCBUs of Prosecution for Notification Failings


Members are reminded of their duties to report any notifiable incidents to the WHS regulators. SafeWork NSW has been targeting notification failings. Up until October 2023, SafeWork NSW had issued about 140 notices and over $55,000 on-the-spot fines relating to failure to report notifiable incidents. It is recorded that one-third of the offences occurred in the construction industry. SafeWork NSW is warning PCBUs that they will face fines and potential prosecution if they fail to report incidents and preserve incident sites.

In the ACT, notifiable incidents include:

  • the death of a person
  • a serious injury or illness of a person
  • a dangerous incident
  • sexual assault incident, including a suspected incident

For the definitions of a serious injury/illness, a dangerous incident, and a sexual assault incident, please see WorkSafe ACT – Notifiable Incidents.

To report a sexual assault incident, you must use the Sexual Assault Notifiable Incident Form.

To report a WHS notifiable incident not related to a sexual assault incident use the WHS Notifiable Incident Form.

If you have any questions in relation to your duties under the WHS legislation, please contact our Workplace Relations and Legal team on (02) 6175 5900.