Duty to notify of notifiable incidents
38 Duty to notify of notifiable incidents
A person who conducts a business or undertaking must ensure that the regulator is notified immediately after becoming aware that a notifiable incident has occurred.
Maximum penalty: tier D monetary penalty.
Strict liability applies to each physical element of this offence (see s 12A).
The notice must be given in accordance with this section and by the fastest possible means.
The notice must be given—
by telephone; or
in writing.
The written notice can be given by fax or email, see the Legislation Act, pt 19.5.
A person giving notice by telephone must—
give the details of the incident requested by the regulator; and
if required by the regulator, give a written notice of the incident within 48 hours of that requirement being made.
A written notice must be in a form, or contain the details, approved by the regulator.
If a form is approved under s 277 for a written notice, the form must be used.
If the regulator receives a notice by telephone and a written notice is not required, the regulator must give the person conducting the business or undertaking—
details of the information received; or
an acknowledgment of receiving the notice.
A person conducting a business or undertaking must keep a record of each notifiable incident for at least 5 years from the day that notice of the incident is given to the regulator under this section.
Maximum penalty: tier F monetary penalty.
Strict liability applies to each physical element of this offence (see s 12A).
Despite anything else in this section, if a notifiable incident for which notice is required to be given is reported in accordance with the Dangerous Substances Act 2004, the reporting under that Act is taken to be adequate notice of the incident for the purposes of this Act.
For a sexual assault incident, the person conducting the business or undertaking—
need only give the following details about the incident:
the name and contact details of the person conducting the business or undertaking;
a description of the workplace where the incident happened;
whether or not the incident was reported to police; and
must not give information disclosing the identity of any person involved in the incident when notifying the regulator.
This Act’s bill:Explanatory statementSecond reading speech
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