WHS Legislation Amendment for Incident Notification

WHS Legislation Amendment for Incident Notification

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

Read Time: 5+ minutes

Workers Compensation 2025 Changes

Workers Compensation 2025 Changes

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.



In the context of our recent article, Significant NSW Workers Compensation Reforms, after months of negotiation, the NSW Government has reached a landmark agreement on workers’ compensation reforms, balancing protections for employees with sustainability for businesses. ABILITY GROUP highlights what this means for employers, insurers, and workers.

Background to the Agreement

On 11 December 2025, the NSW Government announced that a breakthrough compromise had been reached on workers compensation reforms. The deal was forged after extensive debate in Parliament and input from crossbench members, ensuring that both workers and businesses benefit from a fairer, more sustainable system.

The reforms build on earlier legislative changes passed in November 2025, which introduced new measures to strengthen the scheme, particularly around psychological injury claims and workplace harassment.

Key Elements of the Reform Agreement

The compromise agreement includes several important measures:

  • Premium Stability - a legislated 18-month restriction on average premium increases, sparing businesses from further premium cost hikes
  • Whole Person Impairment (WPI) Thresholds - retention of the WPI thresholds moved by crossbenchers, ensuring fairer assessments for injured workers
  • Return to Work Program: A new intensive program offering an additional year of medical benefits and income replacement, designed to improve recovery outcomes
  • Psychological Injury Focus - stronger eligibility criteria and prevention measures for psychological injury claims, addressing rising costs and complexities
  • Dedicated Jurisdiction - establishment of a specific jurisdiction within the NSW Industrial Relations Commission to handle bullying and harassment claims

What This Means for Employers

ABILITY GROUP stresses that these reforms are critical for employers:

  • Cost Control - the cap on premium increases provides financial certainty, helping businesses plan ahead
  • Compliance Pressure - employers must ensure accurate reporting and proactive injury management to avoid penalties
  • Workplace Culture - the focus on psychological injury and harassment means businesses need stronger mental health and anti-bullying policies
  • Return to Work Support - extended benefits encourage collaboration between employers and insurers to reintegrate injured workers effectively

Benefits for Workers

For employees, the reforms deliver greater protections and support:

  • Extended Benefits - injured workers gain longer access to medical and income support
  • Fairer Assessments - retained WPI thresholds ensure consistent judgment of claims
  • Mental Health Recognition - stronger focus on psychological injury acknowledges the modern workplace challenges employees face

ABILITY GROUP’s Perspective

ABILITY GROUP welcomes the reforms as a balanced outcome that protects workers while safeguarding business sustainability. We recommend employers:

  • Review insurance coverage and wage reporting practices
  • Strengthen workplace safety and mental health programs
  • Engage with SIRA Inspectors and regulators to ensure compliance
  • Prepare for cultural shifts as psychological injury prevention becomes a priority

Need Help?

The agreement on workers’ compensation reforms marks a turning point for NSW’s compensation system. By stabilising premiums, extending benefits, and addressing psychological injury, the reforms create a fairer, more resilient framework. For ABILITY GROUP, this is an opportunity for employers to embrace compliance, foster safer workplaces, and support genuine recovery for injured workers.

Need help navigating these changes and other workers' compensation, people, health and safety aspects in your business? Contact us!


Further Information

Source: NSW Government

Title: Agreement reached on workers compensation reforms

Read Time: 10 minutes


Source: icare

Title: NSW Workers Compensation Reform

Read Time: 10 minutes

Fraud Crackdown

Fraud Crackdown

Regulators are stepping up efforts to combat workers’ compensation fraud to safeguard the integrity of insurance schemes. Fraudulent claims drain resources from genuinely injured workers, inflate business premiums, and burden insurers. ABILITY GROUP underscores the importance of this campaign for both employers and workers.

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Office Closure 2025

Office Closure 2025

With 2025 rapidly coming to a close, we would like to sincerely thank our clients and partners for collaborating with ABILITY GROUP during the year.

As a reminder, our team take a well-deserved break during the Christmas & New Year period.

For urgent matters during our office closure, please email help@abilitygroup.com.au or contact Julie (0431693213) or Marc (0412903107) directly.

Our team wishes you a happy & safe holiday period!

Merry Christmas & Happy New Year!


Each year we try to spread a bit of holiday cheer by sharing some items that have brought smiles to our faces..

Why This Closure Matters

The Office Closure 2025 allows us to:

  • Conduct essential maintenance and upgrades.
  • Provide staff with scheduled holidays for rest and renewal.
  • Ensure improved efficiency and service quality upon reopening.

Preparing Ahead

To minimize disruption:

  • Plan meetings and project deadlines around the closure dates.
  • Use our online tools for continuous access to information.
  • Reach out to your ABILITY GROUP contact in advance for any critical requirements.

Conclusion

We appreciate your understanding and cooperation during the Office Closure 2025. ABILITY GROUP remains dedicated to delivering exceptional service, and this planned closure ensures we continue to meet your needs effectively.

Preparing Ahead

To minimise disruption:

  • Plan meetings and project deadlines around the closure dates
  • Use our online tools for continuous access to information
  • Reach out to your ABILITY GROUP contact in advance for any critical requirements

We appreciate your understanding and cooperation during the Office Closure 2025. ABILITY GROUP remains dedicated to delivering exceptional service, and this planned closure ensures we continue to meet your needs effectively.

Contact us to assist

Keira Knightley | Waitrose’s 2025 Christmas

Aldi Christmas 2025 Part 1 & 2 | Christmas Proposals & Chaotic Stag Do's

Mariah Carey - It's Time!!!! (2025)

Preventing Psychosocial Party Hangovers

Preventing Psychosocial Party Hangovers

With holiday celebrations around the corner, it’s smart for businesses to take proactive steps to avoid turning a festive gathering into a workplace incident and potential legal headache. It’s important for businesses to take precautions before work Christmas parties, as while these events are meant to celebrate and boost morale, they can create legal, safety, and reputational risks. Here are actionable tips on Preventing Psychosocial Party Hangovers!

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