by ABILITY GROUP | Feb 4, 2026 | Manual Handling, Work Health & Safety, Workplace safety
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
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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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Fresh insights from Safe Work Australia’s Key Work Health and Safety Statistics 2025 report reveal that just a third of jobs account for more than half of all serious injury claims across the country. This alarming trend underscores the need for targeted safety interventions, especially in high-risk sectors, and presents a crucial opportunity for organisations like ABILITY GROUP to continue to lead the way in helping businesses create safer workplaces.
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If you’re an employer in New South Wales, understanding the role of SIRA Inspectors isn’t just helpful — it’s essential. These regulatory officers from the State Insurance Regulatory Authority (SIRA) are tasked with ensuring your business complies with workers compensation laws and return-to-work (RTW) obligations.
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Pre-existing conditions can have a significant impact workers’ compensation claims. A pre-existing condition is any health issue that existed before a work-related injury or illness. These conditions can include chronic illnesses, previous injuries, mental health conditions, or degenerative diseases. So why are Pre-Existing Conditions important with workers compensation?
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by Marc Ring | Nov 27, 2024 | Claims, Injury Prevention, Managing Psychosocial Hazards, Work Health & Safety, Workers Compensation, Workplace safety
The festive season is a time for celebration, but it’s also a time when workplace safety must remain a top priority. Work Christmas parties, while a great way to boost morale and show appreciation for employees, can present unique safety challenges. Each year we aim to provide recommendations and work party safety tips to help you make sure your people have fun and prevent the work Christmas party hangover.
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