Independent Schools Victoria Compliance Framework

Issues such as compliance, safety in the curriculum and workplace bullying.

Incident notification

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

Yes - under the provisions of the Occupational Health and Safety Act 2004 (Vic.).

Conditions of compliance

Part 5 of the Occupational Health and Safety Act 2004 (Vic.) ('the Act') requires notification to the Authority of serious workplace incidents. In respect of such incidents, the Act also requires preservation of the incident site until an inspector arrives or issues a direction, subject to some exceptions.

The duty to notify WorkSafe of serious workplace incidents applies if you are:

• an employer who has the management and control of a workplace; or
• a self-employed person who has the management and control of a workplace.

If you have to comply, what do you have to do?

You must notify WorkSafe immediately (by telephoning 132 360) of any workplace incident that results in death or serious injury, or that exposes a person in the immediate vicinity to an immediate health or safety risk.

Definitions of 'workplace' and 'notifiable incidents' are given in the 'Guide to Incident Notification' publication.

The 'incident notification form' must be used to send WorkSafe a written record of a notifiable incident and must be sent to WorkSafe within 48 hours.

You must keep a copy of this record for at least five years.

Site Preservation:

An employer or self-employed person must ensure that the site of a notifiable incident is not disturbed until an inspector arrives or directs otherwise at the time of notification, although the site may be disturbed to protect a person's health or safety, to help someone who is injured or to make the site safe.

What are the consequences if you don't comply?

Failure to comply with the incident notification and site preservation requirements in the Act can lead to fines (for each offence) of up to:

• $ 6,07.20 for individuals; or
• $ 33,036.00 for companies.

Who will help you?

Independent Schools Victoria contact:

Sandro Mazzotta
Workplace Relations Adviser
Ph. 03 9825 7206
sandro.mazzotta@independentschools.vic.edu.au

Other links:

WorkSafe: Victorian WorkCover Authority

Click here to download WorkSafe's "Guide to Incident Notification"

Click here to download WorkSafe's incident notification form

Submitted 24/7/2006, edited 7/2/2011.