What situation is considered an imminent health hazard and must be reported to the regulatory?

Persons conducting a business or undertaking (PCBUs) must notify their WHS regulator when serious injuries, illnesses and dangerous incidents happen at work. These are referred to as ‘notifiable incidents’. 

Notifying the WHS regulator of these serious events can help identify the cause and prevent it happening again at your workplace and other workplaces.  

It is also the law to report notifiable incidents.  

Notifiable incidents 

A ‘notifiable incident’ is:  

• the death of a person  

• a ‘serious injury or illness’, or  

• a ‘dangerous incident’ that exposes someone to a serious risk, even if no one is injured.  

‘Notifiable incidents’ may relate to any person—whether an employee, contractor or member of the public. 

The incident notification information sheet has more information on what type of injuries, illness and incidents need to be reported.  

When there’s an incident 

If a notifiable incident occurs, you must: 

• report it to the regulator immediately, and 

• preserve the incident site until an inspector arrives or directs otherwise. This doesn’t prevent you helping an injured person or make the site safe. 

Call 000 if there is an immediate risk to life. 

Reporting an incident to the WHS regulator 

Notifications need to be made directly to state, territory or Commonwealth WHS regulators. Contact your WHS regulator for advice on how to make a notification.  

The Incident notification information sheet provides information on the incidents that need to be reported to the WHS regulator. 

Supporting information

Food establishments may have experienced several different imminent health hazards* which could compromise food safety. Food establishment experiencing an imminent health hazard are required to cease operations and notify the Houston Health Department Bureau of Consumer Health Services at  of the closure. Establishments closed due to an imminent health hazard must also request approval from Consumer Health Services to resume food operations.

Please refer to the appropriate documents for each situation that applies to your establishment.

Loss of Power

• What to do when your establishment loses power
• Extended power outage FAQ

Water Service Interruption and Boil Water Notices

• What to do when a boil water notice is issued
• Boil water FAQ

Flood, Water Infiltration, and Structural Damage

Reference Documents

*City of Houston Food Ordinance Ch. 20.21.2(d) (d) Imminent health hazard. (1) Ceasing operations and reporting. a. Except as specified in item (2) of this subsection, a food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency, such as a fire, flood, power outage, sewage water back-flow, extended interruption of electrical or water service, misuse of poisonous or toxic materials, onset of an apparent foodborne disease outbreak, gross unsanitary occurrence or condition or similar event, that might result in the contamination of food, or that might prevent time/temperature controlled for safety (TCS) food from being held at required temperatures, the person in charge shall immediately discontinue operation and contact the health officer. Upon receiving notice of this occurrence, the health officer shall, consistent with the nature of the emergency and the risks posed, take appropriate action as he deems necessary to protect the public health. b. A permit holder need not discontinue operations in an area of an establishment that is unaffected by the emergency occurrence.

(2) Resumption of operations. If operations are discontinued as specified under item (1) of this subsection or otherwise according to law, the permit holder shall obtain approval from the health officer before resuming operations.

On this page you will find guidance on:

Approved provider reporting requirements about children in education and care services

Under the National Law and Regulations, the approved provider must notify the regulatory authority of any:

• serious incidents
• complaints
• circumstances at the service which pose a risk to the health, safety or wellbeing of children
• any incident or allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by the service. 

Related requirements to have and to follow policies and procedures, and keep related records continue.

There are also other reporting requirements under different state and territory laws, e.g. child protection laws. 

Serious incidents

You must notify the regulatory authority within 24 hours of becoming aware of a serious incident (Section 174(2)(a) and Regulation 176(2)(a).

A serious incident (regulation 12) is defined as any of the following:

• the death of a child while being educated and cared for by the service or following an incident while being educated and cared for by the service
• any incident involving a serious injury or trauma to a child while that child is being educated and cared for, which:
  • a reasonable person would consider required urgent medical attention from a registered medical practitioner; or
  • the child attended or ought reasonably to have attended a hospital e.g. broken limb* 
  • any incident involving serious illness of a child while that child is being educated and cared for by a service for which the child attended, or ought reasonably to have attended, a hospital e.g. severe asthma attack, seizure or anaphylaxis*
    NOTE: In some cases (for example rural and remote locations) a General Practitioner conducts consultations from the hospital site. Only treatment related to serious injury, illness or trauma is required to be notified, not other health matters.
• any emergency for which emergency services attended
  NOTE: This means an incident, situation or event where there is an imminent or severe risk to the health, safety or wellbeing of a person at an education and care service. It does not mean an incident where emergency services attended as a precaution.
• a child appears to be missing or cannot be accounted for at the service
• a child appears to have been taken or removed from the service in a manner that contravenes the National Regulations
• a child is mistakenly locked in or locked out of the service premises or any part of the premises.

Notify the regulatory authority of serious incidents online through the NQA IT System. You can download the incident, injury, trauma and illness record template to record any supporting evidence or other (non-serious) incidents.

Complaints

You must notify the regulatory authority within 24 hours of any complaint alleging that a serious incident has occurred while the child is educated and cared for or complaints alleging that the Law has been contravened (Section 174(2)(b)).

Under the National Regulations, policies and procedures must be in place for dealing with complaints. The name and telephone number of the person to whom complaints can be made must be clearly visible at the service (Regulation 168(2)(o) and Regulation 173(2)(b)).

Download an information sheet on using complaints and grievances to support continuous improvement.

Any circumstances that pose a risk to the health, safety or wellbeing of a child

You must notify the regulatory authority within 7 days of becoming aware of a circumstance arising at the service that poses a risk to the health, safety or wellbeing of a child (Regulation 175(2)(c), Regulation 176(2)(c)).

Prescribed matters - physical and/or sexual abuse of a child

As an approved provider you must notify the regulatory authority of certain matters occurring while a child or children are being educated and cared for by the service.

From 1 October this must include:

• any incident where you reasonably believe that physical and/or sexual abuse of a child has occurred or is occurring at the service
• any allegation that sexual or physical abuse of a child has occurred or is occurring at the service.

Sexualised behaviour involving children

Providers and educators play an important role in making informed professional judgements regarding sexualised behaviour involving children. Not all sexual behaviour involving children poses a risk to their safety. It may be age-appropriate and expected sexualised behaviour.

Informed judgements regarding sexualised behaviour help to ensure the health, safety and wellbeing of children by:

• supporting healthy sexual development (age-appropriate sexualised behaviour)
• protecting them from harm or abuse (inappropriate or problem sexualised behaviour).

Note that in some cases, sexualised behaviour involving children may fall within reporting requirements under other laws.

Resources on identifying and responding to sexualised behaviour in children

State and territory governments have created a range of resources that may assist providers and educators to identify and respond to sexualised behaviour in children.

Monitor and manage sexualised behaviour

Educators and providers may find it helpful to use resources like the Traffic Lights Framework (TLF) to monitor and manage sexualised behaviours in children.

The TLF was developed by True and can also be accessed as a Traffic Lights App which describes healthy sexual behaviours (green), concerning behaviours (orange) and harmful behaviours (red) for children 0-17. It also explains possible reasons for specific behaviours, suggested responses and provides case studies.

Visit the True website for more information about these resources.

Please note that while these resources may be helpful for educators and providers, they are not officially endorsed by or associated with ACECQA.

Reporting requirements under other laws – child protection

Approved providers, educators and other education and care service staff may be required to report on incidents or suspected incidents involving children under other state and territory laws including child protection legislation.

Contact details for each state and territory are listed here.

Child protection awareness and training obligations

The approved provider must ensure that each nominated supervisor and person in day-to-day charge of the service has successfully completed the child protection training (if any) required in their jurisdiction. Child protection training may be required under a state or territory law, a government protocol or under another instrument such as a state government memorandum of understanding.

Under the National Law and Regulations the approved provider must also ensure the nominated supervisors and staff members at the service who work with children are advised of the existence and application of the current child protection law in the relevant jurisdiction and understand their obligations under that law.

Staff records must also continue to include staff clearances for working with children checks or teacher registrations.

The approved provider must ensure policies and procedures are in place in relation to providing a child safe environment (regulation 168).