16Reporting accidents and dangerous occurrences

16  Reporting accidents and dangerous occurrences

 (1) For the purposes of subsection 33(1) of the Act, the requirements in this section are prescribed in relation to a report about an incident required to be given under subsection 107(1) of the Act.

Form of report

 (2) A report given by an operator in accordance with subsection 107(1) of the Act must:

 (b) identify the workplace and the operator of the workplace; and

 (c) specify the time of the incident; and

 (d) identify the location of the workplace at that time; and

 (e) specify the activities the workplace is engaged in at that time; and

 (f) describe the incident; and

 (g) set out a list of the consequences of the incident; and

 (h) if a person was affected by the incident—set out the following details of the person and describe the effect of the incident on the person:

 (i) name;

 (ii) gender;

 (iii) nationality;

 (iv) date of birth;

 (v) address; and

 (i) set out the name, position and contact details of the person giving the report.

 (3) The report may set out any other matters the operator considers relevant.

Manner of giving report

 (4) The report must be given to the Inspectorate by one of the following means:

 (a) sending an email to the email address specified for this purpose on the Authority’s website;

 (b) another electronic means specified for this purpose on the Authority’s website.

Note: Sending a report by post is not a permitted means to give the report.

Offence—failure to report on an accident or dangerous occurrence

 (5) An operator must give a report of an incident in accordance with subsection 107(1) of the Act and this section to the Inspectorate within 72 hours of becoming aware of the incident.

Defence—report given as soon as reasonably practicable

 (6) Subsection (5) does not apply if:

 (a) it was not reasonably practicable for the operator to give the report to the Inspectorate within 72 hours of becoming aware of the incident; and

 (b) the operator gives the report to the Inspectorate as soon as reasonably practicable.

Note: A defendant bears an evidential burden in relation to the matter mentioned in subsection (6) (see subsection 13.3(3) of the Criminal Code).