Under Australian Consumer Law, suppliers are required to report any product-related death, serious injury or serious illness associated with a consumer product.
Suppliers are required to make a mandatory report when they become aware of an incident and:
- consider the consumer product caused or may have caused the death or serious injury or illness or,
- someone else considers the consumer product caused or may have caused the death, serious injury or illness.
A supplier is required to submit the report within two days of becoming aware of a reportable incident.
The day on which the supplier becomes aware is not counted toward the two days. Additionally, if the due day falls on a weekend or public holiday, the deadline moves to the next day.
If a supplier becomes aware of a reportable incident on a Thursday, Friday or Saturday then the report is normally due by midnight on the next Monday. If that Monday is a public holiday, the report becomes due by midnight on the Tuesday.
All participants in the supply chain of a consumer product are required to comply with the reporting requirement including retailers, dealers, hirers, distributors, installers, repairers, importers, manufacturers and/or exporters.
Similarly, all participants in the supply chain for product related services linked to the products that are associated with the death, injury or illness are required to report the incident. This could include installers and service technicians.
Serious illness or injury refers to an acute physical injury or illness requiring medical or surgical treatment by, or under the supervision of, a qualified doctor or nurse.
Update an existing mandatory report(email template)