Australian Government - Comcare

Incident Notification - Definition of Terms

Use the following definitions as a guide when deciding when to notify Comcare of a work-related incident.

Term Definition
Work-related

the incident arose out of:

  • the conduct of the employer's undertaking, or
  • work performed by an employee in connection with the employer's undertaking
Notifiable death

the work-related death of any person including a member of the public, a contractor or an employee

Serious personal injury

an injury to or disease in a person caused in the course of work for which the person needed:

  • emergency treatment by a registered medical practitioner (including psychologist), or
  • treatment in a hospital as a casualty, without being admitted to the hospital, or
  • admission to a hospital

(Safety Arrangements Regulations, r. 2)

Incapacity

a work-related incapacity that leaves an employee unable to work:

  • in the case of an employee who performs work in shifts - 30 or more successive shifts workable by the employee, and
  • in any other case - 30 or more successive working days

(Safety Arrangements Regulations, r. 36A)

Dangerous occurence

an occurence at a workplace that resulted from operations that arose from the undertaking conducted by an employer; and could have caused (but did not cause) the:

  • death or serious personal injury to any person, or
  • total incapacity or any employee for 30 or more consecutive shifts or days

(OHS Act, s. 5(1) and Safety Arrangements Regulations, r. 3)

Workplace
  • any Commonwealth premises (premises owned or occupied by the Commonwealth or a Commonwealth Authority), or
  • any non-Commonwealth licensee premises (premises owned or occupied by the non-Commonwealth licensee)

in which Commonwealth or non-Commonwealth licensee employees, contractors or Commonwealth Authority employees work.

It does not include any part of premises that is primarily used as a private dwelling (OHS Act, s. 5)

Premises

Includes any place (whether enclosed or built or not), including a place under ground or under water, and includes:

  • a building, aircraft, vehicle or vessel
  • any structure whether fixed or moveable (such as a tent), and whether on land, on a water bed or floating on water and
  • a part of a premises

(OHS Act, s. 5)

Employer In relation to incident notification, a supervisor can be considered to be the employer and the timeframes for incident notification may begin when the supervisor becomes aware there has been a notifiable incident.

 


Page last updated:June 13, 2008