Going Beyond Aged Care and NDIS Sector Specific Legislation - Reporting Obligations under the WHS legislation

A recent judgment of the South Australian Employment Tribunal (Tribunal) highlights the need for aged care and NDIS providers to be aware of notifiable incident reporting obligations under WHS legislation in addition to sector-specific requirements.

What is Glenn Farrell v Minda Incorporated. [2026] SAET 57 about?

NDIS provider, Minda Incorporated (Minda), was ordered to pay a penalty for its failure to notify SafeWork SA about a notifiable incident for six days.

The incident involved a client falling out of bed during personal care and suffering significant injury, resulting in their admission to hospital and subsequent death three days later.  The incident constituted a “notifiable incident” for the purposes of the Work Health and Safety Act 2012 (SA) (WHS Act).

While evidence was given that the client’s support worker did not follow the Individual Care Plan, which required two-person manual handling techniques at all times, the charge against Minda solely concerned its delay in notifying SafeWork SA about the incident. 

Minda had reported the incident to the NDIS Quality and Safeguards Commission on the day of the incident under sector-specific legislation, but failed to comply with its notifiable incident obligations under the WHS Act until six days after the incident occurred.

It was accepted that:

• the offending was within the low range of objective seriousness;

• the delay in notification was not substantial when compared with other cases;

• Minda self-reported and extended its immediate and full cooperation; and

• the delay in reporting had no effect on SafeWork SA’s investigation.

The Tribunal ordered Minda to pay a fine of $1,500, which was discounted by 40% to $900 due to Minda’s early guilty plea. A conviction was also recorded due to the need for general deterrence and in the public interest.

What needs to be reported under the WHS Act?

Under the WHS Act, a person who conducts a business or undertaking must ensure that SafeWork SA is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business has occurred.  Notice must be given in accordance with the WHS Act and by the fastest possible means.

A “notifiable incident” means:

• the death of a person; or

• a serious injury or illness of a person; or

• a dangerous incident.

It is important to note that a notifiable incident can arise in relation to any person, not only employees.  This can include clients such as individuals receiving aged care services or NDIS services.

Providers should also be aware that there is a duty to preserve incident sites under the WHS Act and maintain records of notifiable incidents.

While this decision was handed down in South Australia, it is noteworthy that similar obligations arise in all Australian states and territories.

What steps do providers need to take?

Providers should be reviewing their policies and procedures on incident management and reportable incidents to ensure they reflect all relevant obligations – not just sector-specific legislation.   Providers should also ensure that their staff are aware of these obligations to avoid non-compliance.

The obligations under WHS legislation are not identical to those under the Aged Care Act 2024 (Cth) or the National Disability Insurance Scheme Act 2013 (Cth).   Therefore, providers need to carefully consider and have a clear understanding of which reporting obligations arise – and who needs to be notified – when an incident occurs.

Cowell Clarke’s Aged Care, Retirement Living and Health Team would be pleased to assist providers with reviewing their policies and procedures to ensure compliance, as well as advising on obligations arising in relation to specific incidents.