Department of Defence prosecuted for failure to notify
By Anton Pahoff
Recently, Comcare prosecuted the Department of Defence for failure to immediately notify of a serious injury. This highlights the necessity for PCBU’s to understand their obligations relating to the processes and procedures around workplace safety.
Defence fined for WHS notification breach | Comcare
The Department of Defence pleaded guilty and received a fine under WHS Act for failing to immediately notify Comcare of a serious injury.
Comcare was not notified until seven days after the incident.
Most employers have the best of intentions to ensure a safe working environment for their employees. However, as in this instance, it is often a failure of paperwork and/or process that leaves an employer open to prosecution.
What is a Notifiable Incident:
A notifiable incident means:
• the death of a person, or
• a serious injury or illness of a person, or
• a dangerous incident.
Immediate Notification
There are penalties that relate to a failure to notify:
Victoria (OHS)
• $6,607.20 for individuals*; or
• $33,036.00 for companies*.
Other States/Territories (WHS)
• $16,000 for individuals*; or
• $78,000 for companies*.
Notification must be made ‘immediately’ after becoming aware that a notifiable incident has occurred. This means there must be no delay between the PCBU becoming aware of the incident, and the PCBU notifying the regulator of the incident.
It is the duty of the employer responsible for the employee or workplace to notify the regulator.
All parties involved with the incident should notify or have evidence/record of notification.
Only one notification is required. However, all duty holders must ensure that notification has occurred.
As a general rule:
On becoming aware that the incident has resulted in serious harm or had the potential for serious harm, the regulator should be notified immediately. The PCBU should follow up with formal information within 48 hours.
The notification details for each jurisdiction are outlined in the table below.
Jurisdictional Contacts
| State | Telephone | Regulator | Website |
| New South Wales | 131050 | SafeWork NSW
| http://www.safework.nsw.gov.au/ |
| Victoria | 13 23 60 | WorkSafe Victoria
| http://www.worksafe.vic.gov.au/ |
| Queensland | 1300 369 915 | Workplace Health and Safety Queensland – Office of Industrial Relations
| https://www.worksafe.qld.gov.au/about/who-we-are/workcover-queensland |
| South Australia | 1800 777 209 | SafeWork SA
| http://www.safework.sa.gov.au/ |
| Western Australia | 1300 307 877 | WorkSafe WA
| https://www.worksafe.wa.gov.au/ |
| Tasmania | 1300 366 322 (Tas) 03 6233 7657 (External) | WorkSafe Tasmania
| www.worksafe.tas.gov.au |
| Australian Capital Territory | 02 6207 3000 | WorkSafe ACT | https://www.worksafe.act.gov.au/ |
| Northern Territory | 1800 019 115 | NT WorkSafe
| http://www.worksafe.nt.gov.au/ |
If you require assistance with the management of your workplace safety program, please contact Alex Stratton.
Definitions
Notifiable Incident: Any unplanned or uncontrolled event that did or had the potential to cause harm to any person from exposure to a hazard.
PCBU (Person Conducting a Business or Undertaking): This refers to anyone who is responsible, manages or in control of workers or workplace, engaging in an activity or carrying out work. This applies for almost all forms of organisations and self-employed but does not apply if you are an employee or volunteer.
A PCBU may include the following:
• Owner of a business
• Not-for-profit organisation
• The people who own a partnership
• Self-employed persons
• A corporation
• A government department.
Parties
Parties may include the following:
• Principal contractor
• Labour hire organisation
• (PCBU)
• Designer
• Manufacturer
• Importer
• Supplier
• Installer of products or plant used at work
• Contractor
• Labour hire agency
• Schools
• Volunteer organisations.
