New South Wales Consolidated Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - SECT 86

86 Notification of incidents

(1) The occupier of any place of work must give WorkCover notice in accordance with this section of any of the following incidents:

(a) any serious incident at the place of work (as referred to in section 87),

(b) any incident occurring at or in relation to the place of work that the regulations declare to be an incident that is required to be notified to WorkCover.

Maximum penalty:

(a) in the case of a corporation (being a previous offender)-750 penalty units, or

(b) in the case of a corporation (not being a previous offender)-500 penalty units, or

(c) in the case of an individual (being a previous offender)-375 penalty units, or

(d) in the case of an individual (not being a previous offender)-250 penalty units.

(2) Any such notice must be given:

(a) as soon as practicable (but not later than 7 days) after the occupier becomes aware of the incident, and

(b) in the manner and form required by the regulations.

(3) Any such notice must, in the case of a serious incident, also be given:

(a) immediately the occupier becomes aware of the incident, and

(b) by the quickest available means.

This subsection does not apply if the occupier is aware that another person has given WorkCover notice of the incident.

(3A) Despite subsection (1), an occupier is not required to give notice under this section if the occupier has given notice of the incident in accordance with section 44 (2) of the Workplace Injury Management and Workers Compensation Act 1998 .

(4) The regulations may vary the obligations under this section with respect to the person required to give notice and the time and manner in which the notice is to be given.

(5) This section does not apply to a mine or a coal workplace.