Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 38

Duty to notify of notifiable incidents

             (1)  A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.

Penalty:

                     (a)  In the case of an individual--$10 000.

                     (b)  In the case of a body corporate--$50 000.

             (2)  The notice must be given in accordance with this section and by the fastest possible means.

             (3)  The notice must be given:

                     (a)  by telephone; or

                     (b)  in writing.

Example:    The written notice can be given by facsimile, email or other electronic means.

             (4)  A person giving notice by telephone must:

                     (a)  give the details of the incident requested by the regulator; and

                     (b)  if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.

             (5)  A written notice must be in a form, or contain the details, approved by the regulator.

             (6)  If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking:

                     (a)  details of the information received; or

                     (b)  an acknowledgement of receiving the notice.

             (7)  A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.

Penalty:

                     (a)  In the case of an individual--$5000.

                     (b)  In the case of a body corporate--$25 000.



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