sec.54ANotification of particular safety matters

### sec.54A Notification of particular safety matters This section applies if a licensee becomes aware of either of the following (each a safety matter )— a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work; a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening— a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or a notice or injunction under the Electrical Safety Act 2002 , part 11A . However, this section does not apply in relation to a safety matter mentioned in subsection (1) (a) if— the notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or the notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act. The licensee must give notice of the safety matter under this section to— for a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or for a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ). Maximum penalty—100 penalty units. The notice must be given in the fastest way possible in the circumstances— by telephone; or in writing. The written notice can be given by facsimile, email or other electronic means. A person giving notice by telephone must— give the details of the safety matter requested by the relevant entity; and if required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made. A written notice must be in a form, or contain the details, approved by the relevant entity. If the relevant entity receives a notice by telephone and a written notice is not required, the relevant entity must give the person— details of the information received; or an acknowledgement of receiving the notice. In this section— dangerous electrical event see the Electrical Safety Act 2002 , section 12 . serious electrical incident see the Electrical Safety Act 2002 , section 11 . s 54A ins 2017 No. 29 s 10 amd 2025 No. 28 s 26 (sec.54A-ssec.1) This section applies if a licensee becomes aware of either of the following (each a safety matter )— a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work; a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening— a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or a notice or injunction under the Electrical Safety Act 2002 , part 11A . (sec.54A-ssec.2) However, this section does not apply in relation to a safety matter mentioned in subsection (1) (a) if— the notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or the notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act. (sec.54A-ssec.3) The licensee must give notice of the safety matter under this section to— for a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or for a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ). Maximum penalty—100 penalty units. (sec.54A-ssec.4) The notice must be given in the fastest way possible in the circumstances— by telephone; or in writing. The written notice can be given by facsimile, email or other electronic means. (sec.54A-ssec.5) A person giving notice by telephone must— give the details of the safety matter requested by the relevant entity; and if required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made. (sec.54A-ssec.6) A written notice must be in a form, or contain the details, approved by the relevant entity. (sec.54A-ssec.7) If the relevant entity receives a notice by telephone and a written notice is not required, the relevant entity must give the person— details of the information received; or an acknowledgement of receiving the notice. (sec.54A-ssec.8) In this section— dangerous electrical event see the Electrical Safety Act 2002 , section 12 . serious electrical incident see the Electrical Safety Act 2002 , section 11 . - (a) a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work; - (b) a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening— (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A . - (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or - (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A . - (i) a notice or injunction under the Work Health and Safety Act 2011 , part 10 ; or - (ii) a notice or injunction under the Electrical Safety Act 2002 , part 11A . - (a) the notifiable incident is a dangerous electrical event or serious electrical incident and the licensee is a person conducting a business or undertaking within the meaning of the Electrical Safety Act 2002 , section 21 ; or - (b) the notifiable incident is a notifiable incident within the meaning of the Work Health and Safety Act 2011 , section 35 and the licensee is a person conducting a business or undertaking within the meaning of section 5 of that Act. - (a) for a safety matter mentioned in subsection (1) (a) —the regulator established under the Work Health and Safety Act 2011 (the relevant entity ); or - (b) for a safety matter mentioned in subsection (1) (b) —the commission (also the relevant entity ). - (a) by telephone; or - (b) in writing. Example— The written notice can be given by facsimile, email or other electronic means. - (a) give the details of the safety matter requested by the relevant entity; and - (b) if required by the relevant entity, give a written notice of the safety matter within 48 hours of that requirement being made. - (a) details of the information received; or - (b) an acknowledgement of receiving the notice.