What is a notifiable incident? WHS rules by state
Short answer
A notifiable incident is a death, a serious injury or illness, or a dangerous incident arising out of the work. The regulator is told straight away. The site is left as it is until an inspector arrives. Each state and territory has its own regulator, number and detail, so pick yours below.
Automatically checked against NT WorkSafe and WorkSafe ACT , between 31 Oct 2026 and 1 Nov 2026.
The three triggers
Under the harmonised WHS law, a notifiable incident is a death, a serious injury or illness, or a dangerous incident. It needs to arise out of the conduct of a business or undertaking. The person affected can be an employee, a contractor, a visitor or a member of the public. A dangerous incident can count even when no one is hurt.
Victoria is the one state that hasn’t adopted the harmonised Act. It runs its own Occupational Health and Safety Act 2004, with its own triggers and a written record within 48 hours. If you work in more than one state, you need each state’s page.
What happens after
- The regulator is told immediately, usually by phone
- The site is kept as it is until an inspector arrives or gives direction, apart from helping people and making the area safe
- A written notice follows if the regulator asks, or in Victoria as a standard step
- A record of the notifiable incident is kept for years
The rows below show what NT WorkSafe and WorkSafe ACT say about the written notice, the site, the record and who judges an injury. They are explanations of the harmonised law from two regulators, not Haznote’s summary.
Pick your state
Each state page has the regulator’s number, how that state differs from the model law and a worked example. Where we’ve checked it, it also has the 2025 amendment position. The 2026 changes tracker follows how the national amendments are being adopted.
Where Haznote fits
Haznote can’t tell you what the law says for your situation, and it doesn’t notify anyone. It flags a report that may be notifiable and names the regulator for that site’s state. It also keeps the times, words and photos together. A manager confirms every classification.
What the regulator says
Each row shows the source’s own words, who published them and when they were last checked by script.
| Item | What it says | Source and check date |
|---|---|---|
| Written notice (NT) | If the regulator asks, written notification is due within 48 hours of the request. Source says: | NT WorkSafe Checked 1 Nov 2026 |
| Site preservation (NT) | The incident site is preserved until an inspector arrives or directs otherwise, with some exceptions. Source says: | NT WorkSafe Checked 1 Nov 2026 |
| Records (NT) | Records of notifiable incidents are kept for at least five years from the date of notification. Source says: | NT WorkSafe Checked 1 Nov 2026 |
| Injury judgement (ACT) | PCBUs are not expected to make clinical judgements about whether an injury is notifiable. Source says: | WorkSafe ACT Checked 31 Oct 2026 |
Pick your state or territory.
Plain answers.
Is a near miss notifiable?
A dangerous incident can be notifiable even if no one is hurt. If you’re unsure, call your regulator for advice.
Who is told, and how fast?
The regulator for your state, straight away. Each state page gives the number.
Is this a substitute for advice from the regulator?
No. It’s general information, not legal advice, and the sources are linked so you can read the regulator’s own words.
Where this comes from.
- Incident notification · NT WorkSafe
- Incident notification amendments · WorkSafe ACT
General information, not legal advice. Check the current rules with your regulator.
Flag likely-notifiable reports with the right regulator named. You confirm.
Run it on one site and see the first report land in the manager’s list.