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?
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