Defence fined for late incident notification. A reminder that ‘prompt’ means now, not later

When even the Department of Defence cops a fine, it’s a wake-up call for everyone else.

Comcare recently prosecuted Defence after a soldier in Brisbane sustained a serious thumb laceration. The injury met the criteria for notifiable incidents under the Work Health and Safety Act 2011 (Cth), but Defence didn’t tell Comcare in time.

The result: a $7,000 fine for failing to notify the regulator immediately after becoming aware of the serious injury.

You can read the official release at comcare.gov.au, but the short version is simple: lateness costs.

What actually happened

A soldier suffered a serious laceration to the thumb, an injury serious enough to require hospital treatment and considered notifiable under section 38 of the WHS Act 2011 (Cth).

Defence, as the duty holder, was required to:

1. Notify Comcare immediately after becoming aware of the incident.

2. Preserve the site until an inspector authorises otherwise.

They didn’t.

The delay breached their duty and triggered the prosecution.

While $7,000 might not shake a department of that size, it’s a reputational knock that highlights how even large, structured organisations can slip up on the basics.

Why timing matters

Regulators treat notification as a frontline control. It gives them a chance to:

• Investigate before evidence or memory fades

• Prevent further harm if a systemic issue is unfolding

• Support the injured worker early

A delay, even by hours, can mean lost opportunity for intervention and lost trust in the system’s transparency.

For Defence, which carries unique risks and public scrutiny, the optics hurt almost as much as the penalty.

The legal bit (without the legalese)

Under section 38 of the Work Health and Safety Act 2011 (Cth):

A person conducting a business or undertaking (PCBU) must immediately notify the regulator after becoming aware of a death, serious injury or illness, or dangerous incident arising out of the conduct of the business or undertaking.

“Immediately” does not mean within a reasonable time. It means right away, by phone if possible, followed by written confirmation.

There’s no grace period. “Promptly” is not “after the meeting” or “once the paperwork’s tidy.”

Lessons for all duty holders

You don’t need to be Defence to fall into the same trap. Plenty of companies, big and small, still misjudge what counts as a serious injury or who’s responsible for picking up the phone.

Here’s how to avoid becoming the next headline.

1. Know what’s notifiable

A “serious injury or illness” includes things like:

• Immediate hospital treatment for amputation, serious laceration, or head/eye injury

• Any injury likely to cause permanent impairment or require emergency surgery

• Serious infections from work exposure

• Death or dangerous incidents (near misses that could have killed or seriously harmed)

If in doubt, call the regulator. You won’t get in trouble for over-reporting, but you will for not reporting at all.

2. Lock in a clear notification process

Build the steps into your incident management procedure:

• Step 1: Assess injury severity using examples from the WHS Regulations and your own case studies.

• Step 2: Notify the regulator immediately. Have the number on every incident form and safety noticeboard.

• Step 3: Notify senior management and the WHS team at the same time, not instead of.

• Step 4: Preserve the site. Don’t move, clean or repair anything until an inspector gives the all-clear (unless it’s to make the area safe).

3. Train your people

Supervisors, first aiders and HSRs need to know what “notifiable” means.Make it part of every induction, and revisit it in toolbox talks.Give real examples, like this Defence case, so it sticks.

4. Record it properly

Once the call’s made, the follow-up must be written, usually within 48 hours using the regulator’s form or portal.Keep a record of:

• Date and time of incident

• Time the regulator was notified

• Who made the notification

• Reference number or confirmation email

That record is your safety net if the regulator queries timing later.

5. Don’t let “we weren’t sure” be your excuse

Analysis paralysis is common: “We didn’t know if it was serious enough.”If you’re hesitating, call anyway. Regulators can re-classify it later if it’s not notifiable, but that’s their decision, not yours.

6. Review after every incident

Even when you do notify correctly, review what slowed the process down.Was the chain of communication too long?Was the injured person taken straight to hospital without the supervisor being told?Was the site controller unsure what qualified as “serious”?

These bottlenecks are the weak links you can fix before they bite.

My take

This case isn’t about the size of the fine. It’s about the discipline of responsiveness.

When something serious happens, the clock starts ticking not from when the paperwork is signed off, but from the moment a leader knows.

Notification isn’t bureaucracy. It’s part of duty of care, a signal to regulators that you’re transparent, competent, and serious about protecting people.

Defence’s slip shows that even the most structured organisations can drift into complacency when systems outgrow urgency.

For the rest of us, the lesson is simple: when you think “should we notify?”, the answer is already yes.

Final tip checklist

✅ Add the regulator’s emergency number to your incident forms and phones

✅ Train every supervisor on notification triggers

✅ Document when and how you notified

✅ Preserve the site until clearance is given

✅ Err on the side of reporting

Because if Defence can get caught out, so can you.