Notifiable Incidents Are Expanding: What Employers Must Report Now

Workplace Health and Safety (WHS) in Australia is undergoing one of its most significant shifts in recent years. The release of the Model WHS Legislation Amendment (Incident Notification) 2025 signals a clear change in how regulators define—and expect employers to respond to—serious workplace incidents.

The direction is clear: notifiable incidents are no longer limited to physical harm. Psychological injury, workplace violence, and extended absences are now part of the reporting landscape.

For employers, this is more than a compliance update. It is a fundamental shift in how risk is identified, tracked, and managed across the organisation.

A Broader Definition of What Must Be Reported

Historically, incident notification focused on serious physical injuries, illnesses, and dangerous events. The updated model laws expand this scope significantly to reflect modern workplace risks.

New and expanded notifiable categories include:

• Work-related psychological harm

Including injuries arising from psychosocial hazards such as bullying, chronic stress, or exposure to traumatic events.

• Workplace violence and aggression

Covering physical assaults, threats, and other violent incidents that create a risk of serious harm.

• Work-related suicide and attempted suicide

Where there is a clear connection between the workplace and the incident.

• Serious dangerous incidents

Now interpreted more broadly to include risks that may result in psychological, not just physical, harm.

This reflects a wider regulatory shift: WHS is now explicitly concerned with total worker wellbeing—not just visible injury.

The Introduction of the 15+ Day Absence Rule

One of the most operationally significant changes is the introduction of “notifiable extended absence.”

What triggers this requirement?

An incident may become notifiable if:

• A worker is unable to perform their normal duties for 15 or more consecutive days, and
• The absence is linked to a work-related injury or illness (physical or psychological)

Why this matters:

Many organisations already track Lost Time Injuries (LTIs), but this requirement introduces a formal reporting trigger tied to duration, not just severity at the time of the incident.

This means:

• Psychological injuries (e.g. stress leave, PTSD) may now trigger notification
• Delayed-onset conditions may become reportable after the fact
• Absence tracking becomes a compliance-critical function, not just HR data

A Shift in Legal Framing: “Relevant Occurrences”

Another important development is the move toward a broader reporting concept often referred to as “relevant occurrences.”

This includes:

• Notifiable incidents
• Notifiable suicides
• Notifiable extended absences

The intent is to capture serious work-related harm more comprehensively, even when it doesn’t fit traditional definitions of immediate injury.

For employers, this reinforces the need to:

• Look beyond incident severity at the time of occurrence
• Consider longer-term outcomes and impacts
• Ensure reporting frameworks are not overly narrow or outdated

How These Changes Are Impacting WHS Systems

These updates are not just legal changes—they are forcing a redesign of how WHS operates in practice.

1. Stronger Integration Between HR and WHS

Psychological injuries and extended absences often sit within HR systems. As a result:

• WHS teams need visibility over leave data and return-to-work timelines
• HR teams need awareness of regulatory reporting thresholds

Without integration, incidents can easily go unreported.

2. Increased Focus on Psychosocial Risk

Organisations are now expected to proactively manage risks such as:

• High workloads and fatigue
• Poor organisational culture or leadership behaviour
• Exposure to traumatic or high-pressure environments

This requires a shift from reactive incident management to proactive risk identification and control.

3. Faster and More Structured Reporting Processes

Notifiable incidents must be reported within strict timeframes. With broader definitions:

• More incidents may require rapid escalation
• Decision-making must be clear and consistent
• Responsibilities for reporting must be well defined

4. Greater Scrutiny and Documentation

Regulators are placing increased emphasis on:

• How incidents are assessed
• Why reporting decisions were made
• What actions followed

Organisations must be prepared to demonstrate their reasoning, not just their outcomes.

Common Gaps Organisations Currently Have

Despite growing awareness, many businesses are not yet equipped to meet these expanded obligations.

The most common gaps include:

• Outdated definitions of “notifiable”
  Still focused primarily on physical injury
• Siloed data across HR and WHS systems
  Limiting visibility of extended absences and psychosocial risks
• Limited capability in managing psychological harm
  Particularly in identifying and assessing psychosocial hazards
• Inconsistent incident classification
  Leading to underreporting or overreporting
• Unclear escalation pathways
  Causing delays in decision-making and notification

What Employers Should Do Now

To stay ahead of these changes, organisations should take a proactive approach.

Key actions:

• Review and update incident notification frameworks
  Ensure they reflect expanded definitions, including psychological harm and violence
• Audit absence tracking systems
  Confirm the ability to identify when absences exceed 15 days—and whether they are work-related
• Improve cross-functional collaboration
  Align HR, WHS, and leadership teams on responsibilities and data sharing
• Build capability in psychosocial risk management
  Equip leaders and safety professionals with the right tools and training
• Clarify reporting accountability
  Ensure it is clear who determines and submits notifiable incidents

Important Note on Implementation

These changes form part of the model WHS laws released in December 2025. They do not automatically apply across all jurisdictions.

Each Australian state and territory must formally adopt the amendments into their local legislation. Implementation timelines will vary.

Employers should monitor updates from their relevant WHS regulator to confirm when these requirements come into effect in their jurisdiction.

The Bottom Line

The expansion of notifiable incidents reflects a broader truth: workplace risk is no longer defined solely by physical harm.

Psychological injury, workplace violence, and long-term impacts are now firmly within scope—and regulators expect organisations to respond accordingly.

For employers, this is a critical moment to reassess systems, strengthen integration, and ensure reporting frameworks are fit for purpose.

Because in today’s WHS landscape, what you don’t capture—and don’t report—matters more than ever.

References:

Safe Work Australia. Model Work Health and Safety Legislation Amendment (Incident Notification) 2025.

Safe Work Australia. Notifiable Incidents, Extended Absences and Suicides Handbook (2025).

Norton Rose Fulbright. Safe Work Australia Amendments to Model WHS Act: Incident Notification (2025).