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Is It Notifiable? When You Must Call the WHS Regulator — Every State, 2026

Death, serious injury or dangerous incident: what counts as notifiable, the immediately-notify rule, site preservation, 5-year records, and every Australian regulator's phone number.

2 min read

Prepared with AI assistance and checked against primary sources. How we work

What makes an incident notifiable?

Three categories trigger the duty in every Australian jurisdiction: a death, a serious injury or illness (think in-patient hospital treatment, amputation, serious head or eye injury, serious burns, spinal injury, loss of bodily function, serious lacerations, or medical treatment within 48 hours of exposure to a substance), and a dangerous incident — a near miss that could have killed or seriously injured someone, like a structural collapse, an uncontrolled electrical contact, a fall of plant, or an uncontrolled escape of gas, steam or a pressurised substance.

The dangerous-incident limb is the one employers miss: nobody has to be hurt. A scaffold collapse at 6am before workers arrive is still notifiable.

Not sure about a specific event? Run it through our Notifiable Incident Checker — it applies your state's exact item lists and gives you the regulator's number for a call-to-confirm.

Cited answers from the Fair Work Act, modern awards and Fair Work Commission decisions. 1 free question, 1 more with a free account.

The three duties that fire the moment it happens

1. Notify immediately. The obligation is to notify the regulator immediately after becoming aware — phone is the standard channel, and written follow-up within 48 hours where the regulator requires it. “We'll mention it to the inspector next visit” is a breach.

2. Preserve the site. The incident site must not be disturbed until an inspector arrives or the regulator releases it — except to help an injured person, remove a deceased person, make the site safe, or under a police or inspector direction.

3. Keep the record for 5 years. Every notifiable incident record must be kept for at least five years from notification.

Build these into an incident response sequence people can follow under stress — make safe, first aid, notify, preserve, record, support, review — before you need it.

Every Australian WHS regulator and notification number

Save your state's number where supervisors will find it (verified 20 June 2026):

JurisdictionRegulatorNotify
NSWSafeWork NSW13 10 50
VICWorkSafe Victoria13 23 60
QLDWorkplace Health and Safety Queensland1300 362 128
SASafeWork SA1800 777 209
WAWorkSafe WA1800 678 198
TASWorkSafe Tasmania1300 366 322
ACTWorkSafe ACT13 22 81
NTNT WorkSafe1800 019 115
CommonwealthComcare1300 366 979

Working from home counts too: if a WFH worker suffers a notifiable injury while working, the same duty applies — check your remote arrangements with the WFH WHS Obligations Checker.

What happens after you notify?

Most notifications do not lead to prosecution — the regulator may take no action, request information, or send an inspector. But everything you do in the first 24 hours is potential evidence: preserve honestly, don't coach witnesses, record what happened factually, and get legal advice before a formal interview if a fatality or very serious injury is involved.

In the public prosecutions record, matters clustered in construction and manufacturing, and around half of prosecuted matters involved a serious injury — the fact patterns are repetitive and preventable. Benchmark your own sector with the WHS Industry Risk Benchmark.

General information, not legal advice. Regulator details verified 20 June 2026; positions verified 22 July 2026.

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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.

About the FairWork Mate Editorial Team

FairWork Mate is an independent Australian publisher of workplace-rights information. Our content is prepared with AI assistance and draws on primary sources — the Fair Work Act, modern awards, and Fair Work Commission and Fair Work Ombudsman material. It is general information, not legal advice.