WHS Incident Reporting Requirements in Tasmania

What it is

Section 38 of the Work Health and Safety Act 2012 (Tas) requires a PCBU to notify WorkSafe Tasmania immediately after becoming aware of a notifiable incident. WorkSafe Tasmania operates a 24-hour incident line.

The framework follows the model WHS Act as adopted across NSW, QLD, WA, SA, ACT and NT. Tasmania's small market means fewer prosecutions but the same statutory framework.

What must be notified

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

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 Regulations 2022 (Tas) 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 2 October 2024 industrial manslaughter

Section 34C industrial manslaughter commenced 2 October 2024 in Tasmania. Notification failures for a workplace death can be treated as an aggravating factor. TradeForm TAS templates flag both requirements for compliance planning.

Interaction with Building Practitioners Board

WHS Act notification failures by a Tasmanian building practitioner can trigger Building Practitioners Board disciplinary action alongside WorkSafe Tasmania enforcement. The absence of compulsory home warranty insurance places extra weight on WHS notification compliance as a consumer protection mechanism.

The 250,000 dollar construction project threshold

WHS Regulation 2022 (Tas) sets the construction project value trigger at $250,000, aligned with the ACT (also $250,000) and lower than most other states (SA $450,000, NT $1 million). Above the threshold, principal contractor duties attach.

How Tasmania compares

Tasmania's section 38 framework aligns with NSW, QLD, WA, SA, ACT and NT under the model WHS Act. The distinctive Tasmanian features are the recent 2 October 2024 industrial manslaughter commencement, the $250,000 construction project threshold (aligned with ACT), and the interaction with the Building Practitioners Board disciplinary framework.