SafeWork NSW has strengthened its expectations around how quickly and clearly businesses report serious safety incidents. Their goal is to make sure hazards are addressed faster and investigations can begin sooner. SafeWork NSW has issued multiple warnings that “Businesses will face fines and prosecution” for delayed or missed reporting. SafeWork NSW is not being subtle—they’re signalling reporting as a compliance priority and openly calling it out.
SafeWork NSW’s published figures reveal a clear escalation in compliance notices issued, with $55,000+ in fines for notification breaches and 37 more improvement notices issued over the previous year.
The most recent NSW WHS updates (2025 Regulation and 2025 Amendment Regulation) include updated incident reporting and notification rules, and this is a simple overview of what’s changed and what you need to do.
Businesses must now notify SafeWork NSW immediately after becoming aware of a notifiable incident including:
- Serious injuries
- Dangerous incidents
- Deaths
- High-risk hazards such as machinery, falls, or electrical risks
NOTE: “Immediately” means as soon as it is safe to do so, not later in the shift or after internal paperwork.
There is a new focus on Psychosocial Hazards under the updated WHS Regulations. Psychosocial incidents may also be notifiable if they involve:
- Serious threats
- Violence or aggressive behaviour
- Traumatic events
- Severe psychological harm requiring medical treatment
Retail, hospitality, and customer-facing businesses should pay particular attention to this change because risk may involve not only workers but members of the public.
To stay compliant:
- Review your incident reporting procedure
- Train managers and supervisors on the new requirements
- Update your incident forms and checklists
- Ensure staff know who to contact in an emergency
- Ensure your business can notify SafeWork NSW quickly (phone and online options)
While SafeWork NSW appears to be leading the way relative to other jurisdictions, requirements are broadly similar across all states. Businesses are encouraged to adopt a consistent national approach to reporting.
Changes to the Safe Work Australia Model WHS Act
Safe Work Australia introduced a 15-day “extended absence” notification requirement in the Model WHS Act in December 2025. This requires a PCBU to notify the WHS regulator when a worker is absent from work for 15 or more consecutive days due to a work-related injury or illness.
None of the states or territories have adopted it yet. However, the typical adoption process includes:
- The regulator (e.g. SafeWork NSW) issues a consultation paper
- Draft Regulation or Bill is published
- Parliamentary vote or Ministerial approval
- Transition period (usually 3–6 months)
Realistic timing based on historical adoption patterns: earliest possible adoption is late 2026, more likely 2027.
Victual strives for long-term partnerships with clients to deliver continual improvement in risk. If you need to discuss how we can support you, please contact us for more information and enquiries.