WHS Incident Reporting Requirements in South Australia

What it is

Section 38 of the Work Health and Safety Act 2012 (SA) requires a PCBU to notify SafeWork SA immediately after becoming aware of a notifiable incident. The framework aligns with the model WHS Act as adopted across NSW, QLD, WA, TAS, ACT and NT.

SafeWork SA operates within the Attorney-General's Department and takes phone notifications on a 24-hour incident line.

What must be notified

Section 35 defines notifiable incident as death, serious injury or illness (section 36), or dangerous incident (section 37). SA definitions match the model WHS Act.

Immediate notification

Section 38(1) requires notification immediately after the PCBU becomes aware. SafeWork SA's 24-hour incident line is the primary notification channel.

Written notice conditional

Section 38(4)(b) requires written notice only if the regulator requests it, running from the request. That is the model WHS Act position, differing from Victoria's automatic 48-hour written notice.

Site preservation

Section 39 requires the site to be preserved until the inspector arrives or authorises otherwise, subject to standard exceptions (assist injured person, remove body, make site safe, comply with police direction).

Record-keeping

Section 38(5) and the WHS Regulations 2012 (SA) 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 1 July 2024 industrial manslaughter

Section 30A industrial manslaughter commenced 1 July 2024 in SA. Notification failures for a workplace death can be treated as an aggravating factor in industrial manslaughter proceedings. TradeForm SA templates flag both requirements as commencing 1 July 2024 for compliance planning.

The 1 July 2026 fall threshold reduction

The 1 July 2026 reduction of the high-risk construction work fall threshold from 3 metres to 2 metres under WHS Regulation 475 amendments interacts with the notification framework. A fall from 2 metres or more that causes a specified injury under section 36 now triggers notification obligations that would not have applied under the previous 3-metre threshold.

Interaction with SA licensing framework

WHS Act notification failures by a SA building work contractor licensee can trigger CBS disciplinary action under the Building Work Contractors Act 1995 (SA). CBS and SafeWork SA coordinate on serious construction industry incidents.

How South Australia compares

SA's section 38 framework aligns with NSW, QLD, WA, TAS, ACT and NT under the model WHS. The distinctive SA features are the 1 July 2024 industrial manslaughter offence coinciding with notification framework enforcement, and the 1 July 2026 fall threshold reduction that expands the notification net for construction industry falls.