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.
The latest icare annual report reveals a chilling reality: New South Wales’ workers’ compensation scheme is facing a $3.2B underwriting loss, representing a significant deterioration from the prior year’s $2.81B loss. Driving this result is a 20% surge in psychological injury claims, which have doubled since 2022. These aren’t minor issues; they’re severe, long-duration cases rooted in bullying, harassment, and workplace stress. This downward spiral isn’t just a financial headline; it highlights how ill-equipped many organisations are to proactively manage complex claims, particularly those involving psychological issues.
Regulators are intensifying efforts to crack down on workers’ compensation fraud as part of a broader push to protect the integrity of schemes. Fraudulent claims not only divert resources away from genuinely injured workers, but also drive up insurance premiums for businesses and place unnecessary strain on insurers. In NSW, SIRA has intensified its crackdown on insurance fraud in Workers Compensation and CTP schemes, warning fraudsters that cheating will not be tolerated. ABILITY GROUP highlights the importance of this campaign for employers and workers alike.
Significant NSW workers compensation scheme changes came into effect in 2025, reshaping how workplace injuries are managed for both employers and injured workers. These reforms aim to improve sustainability, encourage safer return-to-work outcomes, and clarify entitlements across the life of a claim. For businesses and workers alike, understanding what’s changed and what it means in practice is critical to navigating claims with confidence.
