Notifiable incidents in NSW: what to report, when, and what to do next

When something goes seriously wrong at work, the first hour matters. Under the WHS Act, certain incidents must be reported to the regulator immediately, and the site must be left undisturbed until an inspector arrives or gives directions. Getting this wrong can mean a separate offence on top of whatever caused the incident.

This guide explains what counts as a notifiable incident in NSW, how to notify SafeWork NSW, and what to do in the first 24 hours.

What is a notifiable incident?

Under the WHS Act, a notifiable incident is the death of a person, a serious injury or illness of a person, or a dangerous incident, arising out of the conduct of a business or undertaking. It covers anyone affected by your work, including workers, contractors, visitors and members of the public.

What counts as a serious injury or illness?

A serious injury or illness is one that requires:

• Immediate treatment as an in-patient in a hospital
• Immediate treatment for an amputation, a serious head injury, a serious eye injury, a serious burn, the separation of skin from underlying tissue (such as degloving or scalping), a spinal injury, the loss of a bodily function, or serious lacerations
• Medical treatment within 48 hours of exposure to a substance

It also includes certain serious infections and occupational zoonoses where the work is a significant contributing factor, such as Q fever, leptospirosis and other diseases linked to work with animals, blood or body substances.

Note the word “immediate”. Emergency department treatment without admission is not, on its own, a serious injury, and a hospital admission that happens days later is generally not notifiable, although it may still be a workers compensation claim. If you’re not sure, call SafeWork NSW and ask.

What is a dangerous incident?

A dangerous incident is one that exposes a person to a serious risk from immediate or imminent exposure to, for example:

• An uncontrolled escape, spillage or leakage of a substance
• An uncontrolled implosion, explosion or fire
• An uncontrolled escape of gas, steam or a pressurised substance
• Electric shock
• The fall or release from height of any plant, substance or thing
• The collapse, overturning, failure or malfunction of, or damage to, plant that must be authorised for use
• The collapse or partial collapse of a structure
• The collapse or failure of an excavation or its shoring
• An inrush of water, mud or gas in workings, an underground excavation or a tunnel
• The interruption of the main ventilation system in an underground excavation or tunnel

A dangerous incident must be notified even if nobody is hurt.

How to notify SafeWork NSW

• Notify immediately after becoming aware of the incident. In NSW, call 13 10 50, 24 hours a day, 7 days a week.
• The duty sits with the business (PCBU). In practice, a business is usually treated as aware once a supervisor or manager knows about the incident.
• If SafeWork NSW asks for written notice, provide it within 48 hours of the request.
• Separately, notify your workers compensation insurer within 48 hours of becoming aware of a workplace injury.

Preserving the incident site

The person with management or control of the workplace must make sure, so far as is reasonably practicable, that the site is not disturbed until an inspector arrives or gives a direction. You can still:

• Help an injured person
• Remove a deceased person
• Make the site safe or prevent a further incident
• Help with a police investigation
• Do anything an inspector allows

Only the area where the incident happened needs to be preserved, not necessarily the whole workplace. Photograph the scene, secure any plant and equipment involved, and stop well-meaning people from tidying up. A quick clean-up can destroy the evidence needed to understand what happened.

Keep a record

Keep a record of each notifiable incident for at least five years from the date you notified it. Record it in your register of injuries and keep notes of the actions you took in response.

The first 24 hours: a checklist

1. Give first aid and call emergency services.
2. Make the area safe, without disturbing more than you need to.
3. If the incident is notifiable, call SafeWork NSW on 13 10 50.
4. Preserve the site and secure evidence, including photos, CCTV, plant and documents.
5. Notify your workers compensation insurer within 48 hours.
6. Support the people involved, including witnesses.
7. Get advice before starting your own investigation, particularly if the incident is serious.
8. Investigate to find the root causes, then fix them.

Changes on the horizon

In December 2025, Safe Work Australia agreed significant changes to the model incident notification laws, including new categories for violent incidents, notifiable extended absences and work-related suicides. These changes only take effect in NSW once NSW amends its own laws, so check SafeWork NSW for the current position before relying on any summary.

Frequently asked questions

Sources and further reading

• SafeWork NSW: Incident notification
• NT WorkSafe: Incident notification requirements (model WHS laws)
• HSF Kramer: Major reforms to model WHS incident notification duties

This article is general information only and is not legal advice. Last reviewed October 2026.