Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 38

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—

Maximum penalty—100 penalty units.

(2) The notice must be given as required under 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—

Maximum penalty—50 penalty units.