WHS Legislation Amendment for Incident Notification

WHS Legislation Amendment for Incident Notification

by | Feb 4, 2026 | 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



 

Source: SafeWork Australia

Title: Explanatory Memorandum - Incident notification legislative amendments June 2025

Read Time: 5+ minutes

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