Several amendments to the Model Work Health and Safety Bill have now been published, following approval by a majority of WHS Ministers.
The amendments include expanded incident notification requirements to capture a broader range of serious incidents, including violent incidents such as sexual and physical assaults, dangerous incidents involving mobile plant and falls, work-related suicides and attempted suicides, and extended worker absences.
Additions to Part 3 Incident Notification include:
- a notifiable incident – any of the following arising from the conduct of a business or undertaking:
- the death of a person
- a serious injury or illness of a person
- a dangerous incident
- a violent incident
- a notifiable extended absence – an absence that is reasonably attributable to a physical or psychological injury or illness arising from the conduct of a business or undertaking where:
- the worker has been absent from work for 15 or more consecutive days
- the worker anticipates, on the basis of a medical practitioner’s opinion, being absent from work for 15 consecutive days or more, and notifies the person conducting the business or undertaking of the anticipated absence
- a notifiable suicide – a death by suicide, or suspected suicide, or an attempted, or suspected attempted, suicide:
- of a worker –
- that occurs at a time when the worker is not on leave and would ordinarily be working
- that occurs at, or in the immediate vicinity of, the worker’s workplace or another workplace managed or controlled by the same person conducting the business or undertaking for which the worker works
- that occurs in relevant accommodation
- that makes use of one or more things available to the worker because of the worker’s work or at the worker’s workplace
- that occurs when the worker is wearing the worker’s usual work uniform at a time or in a place the worker would not ordinarily be expected to wear the uniform
- who had or has a psychological injury or illness arising from the conduct of the business or undertaking
- who is, or has been, exposed to frequent, prolonged or severe psychosocial hazards because of the worker’s work or at the worker’s workplace
- that occurs in circumstances where the person conducting the business or undertaking for which the worker works has notice of a link with the worker’s work or workplace, or is otherwise aware of a link with the worker’s work or workplace
- of a person other than a worker that takes place at a workplace where suicide is a reasonably foreseeable risk due to the nature of the workplace and the presence of one or more physical hazards that could be used in a suicide.
Amendments to s.36 What is a serious injury or illness, include the addition of:
- a fracture of the pelvis, the skull or other facial bones
- another serious bone fracture
- a serious crush injury
- a serious brain injury or illness resulting from:
- a significant blow, knock or other shock to the person’s head, whether or not immediate treatment is sought
- repeated blows, knocks or other shocks to the person’s head
S.37 What is a dangerous incident has been expanded to include serious falls. Serious falls are further defined as:
- a person falling:
- from one level to a lower level
- into a hole, trench, pit or void
- into a body of water
- onto a dangerous surface or object
An additional section, s.37A What is a violent incident has been included:
- Violent incident means one or more of the following that exposes a person to a serious risk of psychological harm:
- a sexual assault or suspected sexual assault
- a physical assault, including with bodily fluids
- deliberate deprivation of a person’s liberty without lawful authority
- a threat of sexual or physical assault, or a threat to deprive a person of the person’s liberty, where there is a reasonable belief that, at the time the threat is made, the person making the threat –
- intends to carry out the threat
- has the means to carry out the threat
To support employers and workers, Safe Work Australia has also published a handbook providing guidance on notification requirements - SWA | Notifiable incidents, extended absences and suicides - Handbook 2025.
As jurisdictions adopt these changes, the amendments will provide greater clarity for employers under the National system about their duty to ensure all serious workplace incidents are reported.