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Contents (2011 - 10)
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Work Health and Safety Act 2011 No 10
Current version for 6 January 2017 to date (accessed 30 April 2017 at 22:46)
Part 3 Section 38
38   Duty to notify of notifiable incidents
(1)  A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.
Maximum penalty:
(a)  in the case of an individual—$10,000, or
(b)  in the case of a body corporate—$50,000.
(2)  The notice must be given in accordance with this section and by the fastest possible means.
(3)  The notice must be given:
(a)  by telephone, or
(b)  in writing.
 The written notice can be given by facsimile, email or other electronic means.
(4)  A person giving notice by telephone must:
(a)  give the details of the incident requested by the regulator, and
(b)  if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
(5)  A written notice must be in a form, or contain the details, approved by the regulator.
(6)  If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking:
(a)  details of the information received, or
(b)  an acknowledgement of receiving the notice.
(7)  A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Maximum penalty:
(a)  in the case of an individual—$5,000, or
(b)  in the case of a body corporate—$25,000.
(8)  Despite subsection (1), a person is not required to give notice under this section of an incident that occurs at a workplace to which the Work Health and Safety (Mines and Petroleum Sites) Act 2013 applies.