South Australian Numbered Acts

WORK HEALTH AND SAFETY ACT 2012 (NO 40 OF 2012) - 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.

Maximum 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 fax, 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.

Maximum penalty:

            (a)         in the case of an individual—$5 000;

            (b)         in the case of a body corporate—$25 000.