After becoming aware of a workplace injury, a NSW employer must notify its insurer within 48 hours, keep an injury register and record the notification and insurer acknowledgement. It must establish a return-to-work program, support an early and safe return, give workers access to that program and comply with the insurer’s injury-management requirements; Category 1 employers must also have a coordinator. These requirements and figures come from SIRA’s Key employer obligations and penalties, updated 29 July 2026; figures checked 1 October 2026.
This is general information, not financial or legal advice. Check SIRA’s regulator page and Information Hub, together with your policy’s PDS, before acting. SIRA says its tables reflect legislative changes under the 2025 and 2026 reforms, including new definitions, categories and legislated penalties. The list is not exhaustive: it excludes the detailed requirements in SIRA’s Guidelines for workplace return-to-work programs and employer obligations under work health and safety legislation.
What should happen immediately after a workplace injury?
Unless otherwise stated, section references below are to the Workplace Injury Management and Workers Compensation Act 1998, while clause references are to the Workers Compensation Regulation 2016.
Employers should check these notification and handover duties:
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Notify the insurer within 48 hours of becoming aware of the workplace injury. This is required by section 44(2) and clause 36. SIRA lists an Employer Improvement Notice, a listed penalty of $550 and a maximum court penalty of 20 penalty units.
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Keep a record of the injury notification and the insurer’s acknowledgement. Clause 35 requires the record. SIRA lists no separate penalty amount, but the maximum court penalty is 20 penalty units.
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Forward claim documents to the insurer within 7 days of receiving them from the worker. This duty is cited to sections 264(1) and 69(1)(a). The listed penalty is $1,100, with a maximum court penalty of 50 penalty units.
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Provide information about the worker’s injury or claim within 7 days of the insurer’s request. Sections 264(2) and 69(1)(c) apply. The listed penalty is $1,100, with a maximum court penalty of 50 penalty units.
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Pass on compensation owed to the worker as soon as practicable. SIRA explains this as being in line with the worker’s usual pay cycle or within 7 days of receiving the claim. The listed penalty is $1,100, with a maximum court penalty of 50 penalty units.
What must the return-to-work program achieve?
The employer’s workplace systems must protect workers’ health, safety and welfare and support a timely, safe and durable return to work after injury. Establishing the program itself is required by section 52 and clauses 11–14.
SIRA’s obligations table records the following entries:
| Duty | Employer category | Employer Improvement Notice | Listed penalty | Maximum court penalty |
|---|---|---|---|---|
| Establish a return-to-work program | Category 1 | Listed | $440 | 20 penalty units |
| Establish a return-to-work program | Category 2 | Listed | $110 | 5 penalty units |
| Display or notify workers about the program | Category 1 | Listed | $220 | 10 penalty units |
| Display or notify workers about the program | Category 2 | Listed | $50 | 2 penalty units |
The summary does not reproduce the detailed requirements for designing a compliant program. Employers should check SIRA’s Guidelines for workplace return-to-work programs for that detail.
Who coordinates the program and how do workers access it?
Only Category 1 employers must have a return-to-work coordinator, under clause 19. For that requirement, SIRA lists an Employer Improvement Notice, no separate penalty amount and a maximum court penalty of 20 penalty units.
The display-or-notification duty comes from section 52(2)(c) and (d) and clauses 16A, 17 and 18. A Category 2 employer does not have to comply with that particular display-or-notification requirement if it makes other arrangements for workers to access the program. That exception changes how access is provided; it does not remove the need to make the program accessible.
What must the employer do with the insurer?
The employer must comply with the requirements of the insurer’s injury-management program under section 43(5). It must also cooperate with the insurer to develop an injury-management plan and comply with the plan’s requirements under section 46.
For both obligations, SIRA lists an Employer Improvement Notice but no separate penalty amount or maximum court penalty.
The employer must also:
- Provide suitable employment if reasonably practicable. Section 49 applies. SIRA lists an Employer Improvement Notice and a maximum court penalty of 100 penalty units.
- Notify the insurer if suitable employment cannot be provided. This follows from Schedule 3, clause 20. All enforcement fields in SIRA’s table are marked No.
- Avoid supplying false or misleading information to the insurer. Section 164(a) applies, with a maximum court penalty of 100 penalty units.
- Observe the insurance policy’s terms. Section 164(b) applies, with a maximum court penalty of 100 penalty units.
The policy PDS should be checked alongside the regulator material because the insurer’s requirements and the policy terms both matter to the administration of the claim and return-to-work plan.
What records and workplace information must employers manage?
| Duty | Legal basis | Employer Improvement Notice | Listed penalty | Maximum court penalty |
|---|---|---|---|---|
| Have a register of injuries | Sections 63 and 256; clause 40 | No | $1,100 | 50 penalty units |
| Provide workers with training and access to use an electronic register | Clause 40(2) | No | No amount listed | No amount listed |
| Display If you get injured at work information | Section 231(1)–(2); clause 39 | No | No amount listed | No amount listed |
| Replace damaged or destroyed If you get injured at work information | Section 231(3) | No | $220 | 20 penalty units |
| Provide the employer’s and insurer’s legal names and addresses when requested by a worker | Section 232(2) | No | $440 | 20 penalty units |
Employers may use SIRA’s If you get injured at work poster.
Personal and health information also needs careful handling. Employers must comply with privacy laws when collecting, using, storing and disclosing workers’ personal and health information. SIRA lists the following relevant resources:
- Privacy Act 1988 (Cth)
- Australian Privacy Principles
- Privacy and Personal Information Protection Act 1998 (NSW)
- Health Records and Information Privacy Act 2002
What happens if an employer does not comply?
SIRA may respond to non-compliance with an improvement notice, a penalty notice or court proceedings leading to a penalty.
A SIRA inspector or another authorised inspector may issue an Employer Improvement Notice. The notice may require the employer to remedy a contravention, prevent a likely contravention or address the matters or activities causing, or likely to cause, it.
The employer must comply within the timeframe specified in the notice. An inspector may grant an extension before the compliance period expires.
A penalty notice is a separate enforcement option. A SIRA authorised officer or a SafeWork NSW inspector appointed under the Work Health and Safety Act 2011 may issue one for failure to meet legal obligations. Its recipient may pay the amount stated or ask for the matter to be decided by a court.
SIRA may also prosecute an employer for failing to comply with certain legal obligations. If the court finds the employer guilty, it may impose a fine or, in serious cases, imprisonment. The listed amounts and maximum penalties above reproduce SIRA’s table; they do not predict the outcome for a particular employer.
FAQ
How soon must an NSW employer notify the insurer?
Within 48 hours of becoming aware of the workplace injury. The employer should also keep a record of the notification and the insurer’s acknowledgement.
Does every NSW employer need a return-to-work coordinator?
No. Clause 19 places the return-to-work coordinator requirement on Category 1 employers only. SIRA lists a maximum court penalty of 20 penalty units for that requirement.
Can a Category 2 employer provide access in another way?
Yes. The display-or-notification requirement does not apply to a Category 2 employer that makes other arrangements for workers to access the return-to-work program.
What should happen if the worker cannot perform their previous role?
The employer must provide suitable employment if it is reasonably practicable. If the employer cannot provide it, the insurer must be notified.
What can SIRA do about missed obligations?
SIRA may issue an Employer Improvement Notice or penalty notice. Depending on the legal obligation, SIRA may also prosecute the employer, leading to a court-imposed fine or imprisonment in serious cases.
Sources
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