The obligation
PCBUs must immediately notify the regulator of notifiable incidents (death, serious injury/illness, or dangerous incident) and preserve the incident site.
Sections 35–38 require PCBUs to notify Comcare immediately on becoming aware of a notifiable incident; keep records for at least 5 years; and not disturb the incident site without authority except to assist persons, make safe, or when directed. Notifiable incidents include death of a person, serious injury or illness, or a dangerous incident that exposes people to a serious risk. Failure to notify is an offence attracting significant penalties.
- What
- PCBUs must immediately notify the regulator of notifiable incidents (death, serious injury/illness, or dangerous incident) and preserve the incident site.
- Source
- legislation.gov.au
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notifiable-incident
notification
Comcare
site-preservation
Official sources
Frequently asked questions
Which WHS law does this come from?
Incident notification obligations (s 35–38) is a WHS requirement set out in Work Health and Safety Act 2011 (FEDERAL). The relevant provision is Work Health and Safety Act 2011 (Cth) > Part 3 — Incident notification § 35-38.
What does this WHS obligation require?
Incident notification obligations (s 35–38) is a WHS obligation under Work Health and Safety Act 2011 (FEDERAL). In short, PCBUs must immediately notify the regulator of notifiable incidents (death, serious injury/illness, or dangerous incident) and preserve the incident site.
What changed recently?
Incident notification obligations (s 35–38) was last updated on 26 August 2026.
