The Explanatory Memorandum for the Model WHS Legislation Amendment (Incident Notification) 2025 outlines expanded incident notification laws covering psychosocial hazards, workplace violence, sexual assault, and work-related suicide or attempts. It also clarifies employer obligations, timeframes, and the scope of notifiable incidents
Background
- The Model WHS Act was amended in December 2025 by the Parliamentary Counsel’s Committee
- The Explanatory Memorandum serves as a guide for regulators, employers, and workers to understand the intent and application of the amendments
Key Changes in the Amendment
1. Expanded Definition of Notifiable Incidents
- Psychosocial hazards included: workplace violence, sexual assault, serious psychological harm, suicide, and attempted suicide
- Extended worker absences
2. Clarification of Section 35
- The requirement for a causal link between the incident and the workplace has been moved into the core definition of a notifiable incident
- This ensures consistency and reduces ambiguity for Persons Conducting a Business or Undertaking (PCBUs)
3. Notification Duties
- PCBUs must notify regulators immediately after becoming aware of a notifiable incident
- Site preservation
- A new duty requires PCBUs to notify other persons with corresponding duties, ensuring broader accountability
Implications for Employers and PCBUs
- Compliance Burden – employers must update incident reporting frameworks to include psychosocial hazards.
- Training Needs – staff must be trained to recognise and report incidents beyond physical injuries.
- Legal Risk – failure to comply with expanded notification duties may result in penalties and reputational damage.
- Worker Protection
Practical Guidance for Businesses
- Review WHS Policies – ensure incident reporting procedures align with the 2025 amendments
- Update Risk Registers – include psychosocial hazards alongside physical risks
- Engage with Regulators – establish clear communication channels for timely notification
- Educate Staff – provide awareness sessions on recognising psychosocial incidents
Need Help?
The Explanatory Memorandum – Model WHS Legislation Amendment (Incident Notification) 2025 represents a significant evolution in workplace safety law. For businesses, compliance requires proactive policy updates, staff training, and a stronger focus on psychosocial risk management.
To know more, please contact us
Source: SafeWork Australia
Title: Explanatory Memorandum – Incident notification legislative amendments June 2025
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