Reporting obligations
Every supplier has an obligation to report
All participants in the supply chain of a consumer good or product related service must submit a mandatory report if they become aware of a death, serious injury or serious illness. This is regardless of whether it happened in Australia or overseas.
The mandatory reporting requirements apply to you or your business if you do any of the following things with consumer goods or product related services:
- import
- manufacture
- sell (online or instore)
- lease or hire
- exchange
- install
- repair, maintain or enhance
- clean
- assemble
- deliver.
Where more than one supplier would be required to report the same incident, you can authorise an agent to report an incident on your behalf.
It doesn't matter who in the business becomes aware
A business is responsible for making the mandatory report, regardless of who in the business becomes aware of the death, serious injury or serious illness. This includes any contractors or other representatives of the business.
Example of who must submit a mandatory report
A supplier installed vertical blinds at a customer’s home. On Monday, the customer called the installer and said that their child had got their hands caught in the blinds on the weekend. The child suffered bruising and cuts, and needed stitches from a nurse.
The injury is serious (an acute injury requiring medical treatment by a nurse) and may have been caused by a consumer good (vertical blinds) or product related service (the installation of vertical blinds).
The installer must submit a mandatory report of the serious injury by midnight on Wednesday, even if they don’t think there was a problem with the blinds themselves or the installation.
If the manufacturer of the vertical blinds or the shop that sold the vertical blinds becomes aware of this injury, they are also required to submit a mandatory report within 2 days.
In this case, the installer, retailer or manufacturer could authorise one of them to submit the report on the others' behalf.
Example of reporting a product related service
A pool service provider servicing a backyard pool filter incorrectly replaces the skimmer box cover.
Sometime later, a child playing in the pool is suctioned onto the filter and sustains a severe cut which requires treatment by a medical practitioner. The parents contact the pool service provider about the incident.
In this example, the pool service provider is required to submit a mandatory report about the incident within 2 days of becoming aware of it.
Penalties for not reporting
If you fail to submit a mandatory report, or fail to submit a mandatory report when you should, you may be:
- found guilty of a criminal offence
- liable for a pecuniary penalty.
See fines and penalties for more information.