What’s Changing Under the Model WHS Act? Expanded Incident Notification Requirements

Recent amendments to the Model Work Health and Safety (WHS) Act have significantly expanded the types of workplace events that must be reported to regulators. Although these changes won’t take legal effect in until adopted into local WHS jurisdictions, they signal a broad shift toward better capturing both physical and psychological harm in the workplace.

What Must Be Notified Under the Updated Model Act?

Under the revised model WHS Act published in December 2025, persons conducting a business or undertaking (PCBUs) will need to notify the WHS regulator of the following, as soon as they become aware:

1. Traditional Notifiable Incidents

• Workplace death

• Serious injury or illness

• Dangerous incidents

2. Newly Expanded Categories

• Violent incidents — including physical assault and sexual assault at work that exposes someone to serious psychological harm.

• Work-related suicide or attempted suicide — where there is any indication of a link to the work or work environment.

• Extended worker absences — when a worker is, or is expected to be, off work for 15 or more consecutive days due to work-related physical or psychological injury or illness.

• Additional dangerous incident triggers — such as incidents involving falls or mobile plant.

These changes aim to ensure regulators have clearer visibility of serious harms — including psychological risks — that previously might not have been captured.

Clarifications and Additional Duties

The amendments also provide improved guidance on:

• What constitutes an incident arising from the conduct of the business

• who must notify and to whom

• preserving the incident site and evidence, including electronic records

Next Steps for Businesses

1. Review Your Incident Notification Protocols
Start preparing to revise your systems and processes to incorporate the expanded definitions and new reportable categories.

2. Update Policies and Training
Ensure managers, HR, WHS teams and supervisors understand the broadened requirements — especially around psychological harm, violent incidents, and extended absences.

3. Check Local Adoption Timelines
Because the model WHS Act changes only apply once adopted by each jurisdiction (including NSW), stay in regular contact with your local WHS regulator for timing and guidance.

4. Consult Your WHS Regulator’s requirements Before Making Changes
Do not update your formal reporting systems without confirming local regulatory requirements and timelines, as there may be differences between jurisdictions.

5. Prepare to Capture and Preserve Evidence
Develop or update procedures to preserve incident sites and relevant records (including digital evidence), as required under the expanded duties.

In conclusion, the revised model WHS Act broadens what must be reported — especially to better capture violence, psychological harm and long-term injury — and reflects a modernised understanding of workplace risks. While these changes won’t take effect in NSW until adopted locally, businesses should begin preparing now to ensure compliance and protect workers

Proactively updating policies, training leaders, and aligning internal reporting processes with the expanded model WHS Act requirements will reduce compliance risk and ensure serious physical and psychological harms are identified, reported, and managed appropriately.

If you need support reviewing your current arrangements or preparing for upcoming legislative changes, seek specialist WHS advice from us to ensure your business is ready.