56 Duty to notify notifiable event

(1)

A PCBU must, as soon as possible after becoming aware that a notifiable event arising out of the conduct of the business or undertaking has occurred, ensure that the regulator is notified of the event.

(2)

A notification under subsection (1)—

(a)

may be given by telephone or in writing (including by email, or other electronic means); and

(b)

must be given by the fastest possible means in the circumstances.

(3)

For the purposes of subsection (2), a person giving notice by telephone must—

(a)

give the details of the incident requested by the regulator; and

(b)

if required by the regulator, give a written notice of the incident within 48 hours of being informed of the requirement.

(4)

Notice given in writing under subsection (2) or (3) must be in a form, or contain the details, approved by the regulator.

(5)

If the regulator receives notice by telephone and a written notice is not required, the regulator must give the PCBU—

(a)

details of the information received; or

(b)

an acknowledgement of having received notice.

(6)

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $10,000:

(b)

for any other person, to a fine not exceeding $50,000.

Compare: Model Work Health and Safety Act (Aust) s 38(1)–(6)