[Trigger warning: This news story contains references to suicide.]

Safe Work Australia recently announced that a number of changes will be made to the model WHS Act around notifiable incidents, including work-related psychological harm and suicide.

The changes were announced following an agreement between WHS ministers on a range of recommendations to improve the incident notification provisions in the Act, with the aim of finalising these amendments by early 2025.

The changes aim to address key gaps and provide greater certainty to PCBUs on a range of issues, including requiring the immediate notification of a work-related (or suspected work-related) suicide or attempted suicide of a worker, and the suicide or attempted suicide of other persons in specific settings.

Rather than notification being triggered by an incident ‘arising out of the conduct of the business or undertaking’, notification of the suicide or attempted suicide of a worker would be required where there are indicators that suggest a potential link to work or the work environment.

Other planned changes include:

• Capturing serious work-related injuries and illnesses that are not already notifiable through the timely notification of a worker’s absence period (or likely absence period) of 15 or more consecutive calendar days due to psychological or physical injury, illness or harm arising out of conduct of the business or undertaking.
• Capturing violent incidents arising out of the conduct of the business or undertaking that may not result in a serious physical injury or illness triggering notification, but that exposes a worker or other person to a serious risk to a person’s physical or psychological health and safety.
• Notifying dangerous incidents involving the fall of a person, electrical hazards and mobile plant.
• Notifying all serious injuries and illnesses including serious head injuries, serious crush injuries and serious bone fractures.

Safe Work Australia will work with the Parliamentary Counsel’s Committee to progress drafting amendments to the model WHS Act, however, changes will not take effect in a jurisdiction until implemented by law.

A decision to review WHS incident notification requirements under the model WHS Act was an outcome of the 2018 Review of the model WHS laws. This was to ensure the provisions capture relevant incidents, injuries and illnesses that are emerging from new work practices, industries and work arrangements, and that WHS regulators have appropriate visibility of work-related psychological injuries and illnesses.