What is a notifiable incident?

Under the WHS Act, a notifiable incident is the death of a person, a serious injury or illness from a defined list (such as amputation, serious burns, a spinal or head injury, or immediate hospital admission), or a dangerous incident from a defined list (such as an uncontrolled explosion, an electric shock, or the collapse of an excavation or structure). A dangerous incident is notifiable even if nobody was hurt.

How quickly do I have to notify?

Immediately, as soon as you become aware of a notifiable incident, by phoning your WHS regulator. If they request it, you then provide written notification within 48 hours. You must also preserve the incident site until an inspector arrives or allows you to disturb it.

Your state or territory WHS regulator: SafeWork NSW, WorkSafe Victoria, Workplace Health and Safety Queensland, WorkSafe WA, SafeWork SA, WorkSafe Tasmania, WorkSafe ACT, or NT WorkSafe. The tool shows the regulator for the state you select.

Is a near miss notifiable?

Only if it was a dangerous incident from the defined list, meaning it exposed a person to a serious risk (for example an uncontrolled explosion or a structural collapse). A general near miss that did not create that level of risk is not notifiable, but you should still record it.

Is this incident notifiable?

Under the WHS Act, some workplace incidents must be reported to the regulator immediately. Pick what happened and your state, and this tells you whether it is notifiable and what you have to do. Guidance based on WHS Act sections 35 to 39, not legal advice.

What happened?Which state or territory?

This is general guidance based on the model WHS Act sections 35 to 39, not legal advice. The defined lists are what make an incident notifiable; if you are unsure, notify. Victoria runs its own OHS Act 2004 with a similar but separately worded list.

The three kinds of notifiable incident

The WHS Act does not leave this to judgement: it defines exactly what is notifiable. A death (section 35) is always notifiable. A serious injury or illness (section 36) is notifiable when it matches the defined list, including immediate hospital admission, amputation, a serious head, eye, spinal or burn injury, degloving, loss of a bodily function, or medical treatment within 48 hours of exposure to a substance. A dangerous incident (section 37) is notifiable when it exposed a person to a serious risk, such as an uncontrolled explosion, an electric shock, a fall of plant from height, or the collapse of a structure or excavation, whether or not anyone was actually injured.

The best notifiable incident is the one that never happens

Most notifiable incidents on a construction site trace back to a high risk activity that was not properly controlled: a fall, a trench collapse, an electric shock, a plant strike. A site-specific SWMS that sets the controls in hierarchy order is how you keep the work off this page.

Build a SWMS for A$39

Printable incident report form Notifiable incidents explained The 18 HRCW categories Excavation SWMS

More free tools

✅ Do I need a SWMS?

Pick your state and job, find out if a SWMS is legally required.

🛡️ SWMS compliance self-check

Score your SWMS against what a principal contractor checks before you send it.

💰 SWMS cost calculator

Compare the true cost of a SWMS: your own time, a consultant, or a generator.

📋 JSA builder

Build a printable Job Safety Analysis: steps, hazards, risk ratings, controls.

🔢 Risk matrix calculator

Score a hazard on the 5×5 matrix: likelihood × consequence.

🪪 High risk work licence checker

Find out which high risk work licence a task needs.

🚧 Site induction checklist

Generate a printable site induction checklist for new workers.

📝 Incident report form

Generate a printable incident and injury report form for your site.

🖊️ Toolbox talk sign-on sheet

Printable attendance sheet so your toolbox talk is documented.

Guides

What is a SWMS?How to write a SWMS Hierarchy of controls The 18 HRCW categories All guides

Need the real document, not just a tool?

A site-specific SWMS for your trade, verified and delivered in minutes. A$39, or A$179 for every SWMS your trade needs.

Build my SWMS for A$39