24 AprUnderstanding serious incident reporting in Early Childhood Education and Care
Ensuring the safety and wellbeing of children, educators, and staff in Early Childhood Education and Care (ECEC) settings is a fundamental responsibility. One of the most critical aspects of this responsibility is the prompt and accurate reporting of serious incidents to the appropriate authorities. While many ECEC services are familiar with their obligations under the National Law and National Regulations, it is equally important to understand the requirements for reporting notifiable incidents to WorkSafe in accordance with the Occupational Health and Safety Act, 2004—even when a child is involved.
What is a Serious Incident?
Under regulation 12 of the Education and Care Services National Law and National Regulations, a serious incident includes but is not limited to:
- 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;
- 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; and/or
- a child is mistakenly locked in or locked out of the service premises or any part of the premises.
The regulatory authority must be notified of serious incidents within 24 hours online through the NQA IT System.
WorkSafe Reporting Requirements
Beyond the National Quality Framework obligations, ECEC services must also comply with occupational health and safety laws, including the reporting requirements under the Occupational Health and Safety (OHS) Act 2004. Notifiable incidents include:
- death of a person;
- a person needing medical treatment within 48 hours of being exposed to a substance;
- a person needing immediate treatment as an in-patient in a hospital;
- a person needing immediate medical treatment for one of the following injuries: amputation, serious head injury or serious eye injury, removal of skin (example: de-gloving, scalping), electric shock, spinal injury, loss of a bodily function, serious lacerations (example: requiring stitching or other medical treatment).
Medical treatment means treatment by a person registered under the Health Practitioner Regulation National Law to practice in the medical or nursing or midwifery profession (doctor, nurse, midwife etc.).
You must also report the following incidents if they expose a person to a serious risk to their health or safety emanating from an immediate or imminent exposure – to learn more CLICK HERE.
These incidents must be reported to WorkSafe immediately, regardless of whether the person affected is an employee, visitor, or a child. This ensures that appropriate occupational health and safety measures are reviewed and improved to prevent future occurrences.
Why Dual Reporting is Essential
Failure to report incidents not only results in regulatory breaches but can also compromise the safety of children and staff. Reporting obligations under both the Education and Care Services National Law, the Education and Care Services National Regulations, and the OHS Act 2004 ensure that serious incidents are appropriately investigated, risks are mitigated, and support is provided where needed.
ECEC services must have clear policies and procedures in place to ensure compliance with all reporting requirements. This includes:
- training staff to identify and respond to serious incidents appropriately;
- maintaining thorough records and documentation; and/or
- ensuring prompt reporting to both the regulatory authority and WorkSafe when required.
By prioritising compliance with both the National Quality Framework and occupational health and safety laws, ECEC services can foster a safe, accountable, and high-quality learning environment for children and educators alike.
