New Australian WHS Laws Coming

New WHS Laws Coming - Is Your Business Ready For These Critical Safety Reporting Changes?

December 03, 20254 min read

If you run a business in Australia, the way workplace incidents are reported is about to change, and it will affect far more than serious physical injuries.

In December 2025, Safe Work Australia confirmed a suite of amendments to the model Work Health and Safety laws. These are the most significant reporting changes since harmonisation began in 2011. They expand what must be reported, when it must be reported, and the types of harm regulators now expect businesses to actively manage.

The direction is clear. Psychological harm, violence, long-term absences and mental health outcomes linked to work are no longer peripheral issues. They now sit squarely within mainstream safety compliance.

This article breaks down what is changing, why it matters, and what businesses should be doing now to stay ahead.


WHAT IS CHANGING IN INCIDENT REPORTING

The familiar term “notifiable incident” is being replaced with a broader legal trigger called a “relevant occurrence”. This is not a cosmetic change. It significantly widens the scope of events that must be reported to the regulator.

A relevant occurrence captures three categories:

  • Incidents that were previously notifiable, with expanded thresholds

  • Extended absences caused by work-related injury or illness

  • Suicides and attempted suicides where work may be a contributing factor

This change reflects a move away from a narrow focus on immediate physical injury toward a fuller view of how work can cause serious harm over time.


VIOLENCE AND PSYCHOLOGICAL HARM NOW COUNT

Under the updated laws, a violent incident does not need to result in physical injury to be reportable. Exposure to a serious risk of psychological harm is enough.

Incidents that may now require notification include:

  • Sexual assault or suspected sexual assault

  • Physical assault, even where no injury is diagnosed

  • Threats of violence, including spitting or aggressive intimidation

  • Kidnapping or unlawful detention

  • Threats or attacks during delivery, transport or isolated work

For businesses with mobile workers, customer-facing roles or remote operations, this represents a major shift. The absence of visible injury no longer removes reporting obligations.


BROADER DEFINITIONS OF SERIOUS INJURY AND DANGEROUS INCIDENTS

The threshold for what constitutes a serious injury has changed. It is no longer dependent on whether medical treatment was actually provided. The test is now objective, based on the nature of the injury or event itself.

  • Examples that may now be notifiable include:

  • Skull, facial or pelvic fractures

  • Significant brain trauma caused by impact or violent movement

  • Arc flash events and electrical explosions

  • Incidents involving mobile plant, including heavy vehicles

  • Falls, regardless of height

Industries that rely heavily on plant, vehicles and equipment should pay close attention to this shift.


EXTENDED ABSENCES ARE NOW REPORTABLE

A new reporting obligation has been introduced for extended absences from work.

Where a worker is absent for 15 or more consecutive days due to a physical or psychological injury that is work-related, the regulator must be notified.

Key points:

  • The absence may be confirmed or reasonably anticipated

  • A medical practitioner must support the absence\

  • Notification must occur within 14 days of becoming aware

  • The obligation does not apply where the worker returns on suitable or adjusted duties

  • There must be a clear and reasonable connection to the work or work environment

This change is particularly relevant in roles involving fatigue, manual handling, high workloads or elevated psychosocial risk.


SUICIDES AND ATTEMPTED SUICIDES

The amendments introduce a specific requirement to notify suicides, suspected suicides and attempted suicides where there are indicators of a connection to work.

Proof that work caused the event is not required. The threshold is whether available information suggests a link to the work or workplace.

This is a sensitive but important development. It reinforces that workplace mental health risks carry the same regulatory weight as physical safety risks.


WHEN MUST YOU NOTIFY THE REGULATOR

Different events attract different notification timeframes:

  • Serious incidents and violent events must be reported immediately

  • Suicides and attempted suicides must be reported immediately

  • Extended absences must be reported within 14 days

Businesses need clear internal escalation processes so these timeframes are not missed.


SHARED WORKPLACES AND EVIDENCE PRESERVATION

Two additional changes deserve attention.

At shared workplaces, PCBUs now have an explicit duty to notify one another of relevant occurrences. This strengthens existing cooperation and coordination obligations.

The duty to preserve incident scenes has also expanded. It now includes digital evidence such as CCTV footage, electronic records, communications and witness details, not just physical locations.


WHEN WILL THESE CHANGES TAKE EFFECT

These amendments sit within the model WHS laws. Each state and territory, except Victoria, must pass them into local legislation before they apply.

Implementation is expected progressively over the next 12 to 24 months as regulators update systems and guidance material.

Businesses that wait for formal commencement dates risk being caught unprepared.


WHAT BUSINESSES SHOULD DO NOW

To prepare for these changes, businesses should:

  • Review incident and hazard reporting procedures to ensure psychological harm and violence are captured

  • Update internal definitions of serious injury and dangerous incidents

  • Train supervisors and managers on the expanded reporting triggers

  • Strengthen psychosocial risk management and early intervention processes

  • Update evidence preservation procedures to include digital records

These changes mark a genuine shift in how workplace harm is viewed under WHS law.

Psychological impacts are no longer secondary considerations.

They are core compliance issues.

Kristine Cotter is the founder of Synergy Safety Solutions and an award-winning WHS consultant with a background in construction, rigging, and scaffolding. After experiencing a near-fatal workplace incident, she dedicated her career to helping businesses create safer, more resilient workplaces. With a practical approach and a passion for positive safety culture, Kris makes complex WHS requirements easier to understand and apply.

Kris Cotter

Kristine Cotter is the founder of Synergy Safety Solutions and an award-winning WHS consultant with a background in construction, rigging, and scaffolding. After experiencing a near-fatal workplace incident, she dedicated her career to helping businesses create safer, more resilient workplaces. With a practical approach and a passion for positive safety culture, Kris makes complex WHS requirements easier to understand and apply.

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At Synergy Safety Solutions, we understand that ensuring the safety and well-being of your employees is of the utmost importance.

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NEWSLETTER

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Privacy Policy | Terms and Conditions

All Rights Reserved