Checklist · Competition & Consumer Law

Product safety mandatory report checklist: death, serious injury or serious illness (2-day deadline)

Checklist for a supplier that learns a consumer good or product-related service may have caused a death, serious injury or serious illness: is it reportable, the 2-day deadline, who reports, what to submit, privilege and follow-up.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 2 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use the moment anyone in a client’s business (customer service, social media, a repairer, an insurer, a retailer) hears of an incident involving a consumer good or product-related service the client supplied. Everyone in the supply chain has the obligation. If in doubt, report within the deadline.

How AI may be used

AI may pull incident facts from complaint records into the checklist and calculate the deadline; the lawyer or product safety officer decides whether the incident is reportable and settles what is submitted.

AI may

  • Extract the date the business first became aware, the product, batch, injury and treatment details from the complaint, email or social media record
  • Calculate the reporting deadline from the awareness date using the ACCC’s day-of-week table, for a person to confirm
  • Search other complaint records for similar incidents with the same product, for the reviewer to assess

AI must not

  • Must not decide that an incident is not reportable, or that the injury was not serious
  • Must not submit the report in the ACCC portal or contact the injured person
  • Must not process the injured person’s health information in a tool outside the client’s approved environment

The lawyer checks

  • The awareness date is the earliest date anyone in the business learned of the incident, from any source
  • The decision whether the injury was acute and required treatment by or under a nurse or medical practitioner is recorded with reasons
  • Any reliance on an exception for incidents reportable to another authority is checked against reg 92
  • The report was submitted by 11:59 pm on the deadline day, and similar incidents have been considered for a recall assessment

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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