WHS Incident Reporting Requirements in the ACT

What it is

Section 38 of the Work Health and Safety Act 2011 (ACT) requires a PCBU to notify WorkSafe ACT (within Access Canberra) immediately after becoming aware of a notifiable incident. The ACT commenced a notifiable incident notification rewrite on 19 November 2025 that broadened the categories of incidents requiring notification.

The 19 November 2025 rewrite

The 19 November 2025 amendments introduced broader serious-injury notification categories. That expansion was distinct from the December 2025 model WHS amendments (15-plus day absences, violent incidents, suicide) which the ACT did not adopt. The ACT chose its own reform pathway.

TradeForm ACT templates were reviewed after 19 November 2025 to reflect the new notification categories.

What must be notified

Section 35 defines notifiable incident as death, serious injury or illness (section 36), or dangerous incident (section 37). The 19 November 2025 rewrite broadened section 36 to capture additional injury categories.

Immediate notification and site preservation

Section 38(1) requires notification immediately. Section 39 requires site preservation until the inspector arrives or authorises otherwise, subject to standard exceptions.

Written notice conditional

Section 38(4)(b) requires written notice only if the regulator requests it. That is the model WHS Act position.

Record-keeping

Section 38(5) and the WHS Regulation 2011 (ACT) require record retention for at least 5 years.

Penalties

Section 38 offence carries penalties up to $10,000 for an individual and $50,000 for a body corporate as a strict liability offence.

Interaction with dual industrial manslaughter framework

Section 34C of the WHS Act 2011 (ACT) and section 15 of the Crimes Act 1900 (ACT) both apply to workplace deaths. Notification failures for a death can be treated as an aggravating factor in either prosecution pathway.

Interaction with COL Act licensing

WHS Act notification failures by an ACT construction occupations licensee can trigger Construction Occupations Registrar disciplinary action under Part 5 of the COL Act 2004 (ACT). Access Canberra takes an integrated compliance approach across the WHS and licensing frameworks.

Construction project trigger

The WHS Regulation 2011 (ACT) construction project value trigger sits at $250,000, aligned with Tasmania. Above the threshold, principal contractor duties attach.

How the ACT compares

The ACT's section 38 framework aligns with NSW, QLD, WA, SA, TAS and NT under the model WHS Act. The distinctive ACT features are the 19 November 2025 notification rewrite (unique ACT reform pathway), the dual industrial manslaughter framework, and the integrated compliance approach across WHS and COL Act licensing.