Australian Government - Comcare

Frequently Asked Questions - Incident Notifications

For further information or guidance access Comcare's: 

A good "rule of thumb" is: if in doubt as to whether or not an incident is notifiable, notify or seek advice from a Comcare investigator.

*Note: where there is a reference to 'the OHS Act' it is a reference to the Occupational Health and Safety Act 1991.

*Note: where there is a reference to 'the Safety Arrangements Regulations' it is a reference to the Occupational Health and Safety (Safety Arrangements) Regulations 1991.

Why do employers have to notify?

Section 68 of the OHS Act requires employers to notify certain incidents.

What are the potential benefits of notifying?

The potential benefits to employers of making incident notifications are:

  • centralised records of incidents
  • tracking of serious incidents
  • ability to identify trends or problem areas
  • to inform preventative strategies to minimise incident recurrence 
  • encourages organisation-wide adoption of best practice and procedures

Incident notification also allows Comcare to:

  • target appropriate prevention strategies for employers and the jurisdiction as a whole
  • determine appropriate action which may or may not include investigative action

Comcare is here to help! Incident notification is one way we work together with our employers to prevent workplace injury.

What incidents are notifiable to Comcare?

Notifiable incidents under section 68 of the OHS Act include:

More detailed information about what is notifiable is contained in the Guide to Incident Notification [pdf] (OHS43). Alternatively you can refer to the OHS Act, s. 68; and the Safety Arrangements Regulations, r. 2, r. 3 and part 5.

What information do employers need to provide?

The Safety Arrangements Regulations, r. 37B details the information employers need to provide in an incident notification.

Provision of all of the required information will assist Comcare to determine if an incident is in fact notifiable.

Information that is required includes:

  • details (names, dates, times, addresses etc)
  • how (what processes were involved)
  • where (the physical environment where the incident occurred)
  • what (the plant/equipment/substances involved)
  • action (prevention strategies the employer has identified/applied)

It is important to avoid using acronyms, or to explain them when they are used. 

How do employers know when to notify incapacity?

The need to notify occurs when the employer becomes aware that a particular injury, illness or disease has caused an employee to be incapacitated for 30 or more successive working days or shifts (Safety Arrangements Regulations, r. 36A).

It is important for the employer to have effective procedures in place that capture an employee’s time away from work. This will assist in identifying when an absence is approaching or reaches the 30 day or shift mark.

If an absence arises out of the conduct of the employer’s undertaking or out of work performed by an employee in connection with the employer’s undertaking, then the employer will need to notify Comcare within 24 hours of becoming aware that is the case.

How long do employers need to keep records of incident notifications?

The Safety Arrangements Regulations, r. 37G requires records of incident notifications to be retained for 30 years.

How do employers notify Comcare of a death outside of working hours?

When notifying a death that occurs outside of working hours (AEST), employers should call 1300 366 979 (the usual number) and follow the prompts to talk to an investigator in their region.

If employers notify an incident by phone, do they still have to notify in writing?

Yes.

Dangerous occurrences, incapacity and serious personal injuries can be notified by phone during working hours, but must still be notified in writing and within 24 hours of the employer becoming aware of the incident (Safety Arrangements Regulations, r. 37(4)(b) and r. 37B(4)).

Death must be by notified initially by phone within two hours and then followed up in writing as soon as is reasonably practicable.

However, if an accident results in the death of more than one person, an employer is not obliged to give Comcare the name of a dead person until the names of all persons who died as a result of the accident are known to the employer.

Who is responsible for making the incident notification?

Under the OHS Act the obligation to make an incident notification rests with the employer.

Employers should have an 'incident notification policy' which:

  • could be included in its Health and Safety Management Arrangements (HSMAs) and
  • enables compliance with legislative requirements (e.g. timeframes and required information)

The legislation is not prescriptive about which individual must make the incident notification so the question of 'who notifies' is up to employers to determine.

It is suggested that responsibility to notify be allocated to positions rather than individuals (e.g. to avoid problems when staff leave an organisation).

Without clear procedures and allocated responsibility, employers may not meet their obligation to notify.

Does location matter when making an incident notification?

Incidents are notifiable when they arise out of the conduct of the employer’s undertaking or out of work performed by an employee in connection with the employer’s undertaking.

The location at which an incident occurs is therefore not a defining factor in determining whether an incident is notifiable in the case of a death, serious personal injury or incapacity.

For a dangerous occurrence the incident must occur at a workplace to be notifiable (OHS Act, s. 5).

What happens if employers don't notify or don't notify properly?

Failure to notify may be a breach of the OHS Act.

Failure to notify correctly (e.g. in the required timeframes) may be a contravention of the Safety Arrangements Regulations.

Comcare's investigators have a range of options available when an instance of non-compliance is identified. An improvement notice is one example of an enforcement option.

What happens to an incident notification once it is received by Comcare? 

When Comcare receives an incident notification:

  • the information provided is assessed for compliance with the Safety Arrangement Regulations, r. 37B
  • Comcare may contact the notifying organisation if insufficient detail is provided
  • a decision will be made as to whether the incident is in fact notifiable

An OHS investigation may be undertaken if the circumstances of the incident meet the criteria detailed in Comcare’s Enforcement Policy [pdf] (OHS50). Further information about OHS investigations is contained in When an Investigator Calls [pdf] (OHS03).

*Note: the Safety Arrangements Regulations, r. 35 details the circumstances under which an employer must not disturb an incident site or allow a site to be disturbed as well as the circumstances under which the site may be disturbed. If in doubt, contact an investigator.

Do notified incidents that are deemed non-notifiable get recorded against my organisation's performance?

No. However, non-notifiable incidents are a useful source of information for Comcare to develop a greater understanding of the employers in its jurisdiction and potential safety issues.

Do notifiable incidents have an impact on an organisation’s premium?

No. Premium rates are determined by a range of factors including:

  • claim frequency and average claim cost
  • the number and estimated lifetime cost of claims from that agency
  • trends in claim frequency
  • average claim cost for all agencies combined
  • the size of the premium pool.

For more information on premiums, please refer to Comcare’s Guide to 2007-2008 Premiums [pdf].

If an incident is not compensable, can it still be notifiable?

Yes - the Safety, Rehabilitation and Compensation Act 1988 and Occupational Health and Safety Act 1991 work independently. Whether or not a person is entitled to workers' compensations is a separate issue to determining whether or not an incident is notifiable.

Is suicide notifiable?

Suicide is notifiable if a causal link can be established between the suicide and the conduct of the undertaking of the employer or work performed by an employee in connection with the employer's undertaking.

What are the definitions of key terms (e.g. serious personal injury, dangerous occurrence)?

Please refer to the Incident Notification – Definition of Terms page.


Page last updated:June 25, 2008