Must NSW cleaning employers keep a workplace injury register?

Yes. NSW cleaning employers must keep a register of injuries under sections 63 and 256 and clause 40; SIRA’s Key employer obligations and penalties page, updated 29 July 2026, lists a $1,100 penalty and a maximum court penalty of 50 penalty units for that duty (SIRA, 29 July 2026). Clause 40(2) separately requires worker training and access to use an electronic register, and SIRA marks every listed enforcement field for that duty “No” (SIRA, 29 July 2026). Figures checked 1 October 2026.

What do the register duties require?

SIRA’s table, updated 29 July 2026, separates the obligations as follows:

For these requirements, the section references are to the Workplace Injury Management and Workers Compensation Act 1998, while the clause reference is to the Workers Compensation Regulation 2016.

Keeping the register and providing training and access to an electronic register are separate duties. The cited SIRA summary does not prescribe a software platform, training schedule or retention period, and it does not identify a cleaning-industry exception.

Is displaying injury information a separate duty?

Yes. Employers must separately display the required “If you get injured at work” information under sections 231(1)–(2) and clause 39. Employers may use SIRA’s poster, and SIRA marks all listed enforcement fields for the initial display requirement “No” (SIRA, 29 July 2026).

Damaged or destroyed information must be replaced under section 231(3). SIRA lists no Employer Improvement Notice for this duty, a penalty of $220 and a maximum court penalty of 20 penalty units (SIRA, 29 July 2026). Maintaining a register or providing electronic access does not remove this separate display-and-replacement duty.

What privacy duties apply to workplace records?

SIRA says employers must comply with privacy laws when collecting, using, storing and disclosing workers’ personal and health information. Its listed resources include the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (SIRA, 29 July 2026).

Privacy compliance is therefore a separate issue from keeping the register and giving workers access to an electronic register.

What can happen if an employer does not comply?

For failing to keep the register of injuries, SIRA lists a $1,100 penalty and a maximum court penalty of 50 penalty units, with no Employer Improvement Notice listed for that row. For replacing damaged or destroyed injury information, the listed penalty is $220 and the maximum court penalty is 20 penalty units (SIRA, 29 July 2026).

SIRA also describes a wider enforcement framework. Where an employer does not meet legal obligations, SIRA may use an improvement notice, issue a penalty notice or seek a court-imposed penalty, which can include a fine or imprisonment in serious cases. The row-specific “No” markings should therefore be read alongside this wider framework.

What else should a cleaning employer check?

SIRA states that its list is not exhaustive and does not cover every obligation under workplace injury management, return-to-work or work health and safety law. In particular, it excludes SIRA’s Guidelines for workplace return-to-work programs and employer obligations under work health and safety legislation.

The table reflects legislative changes under the 2025 and 2026 reforms. SIRA also warns that website content may change as further reforms are implemented and directs readers to its Information Hub for the latest information.

This is general information, not financial or legal advice. Check the current SIRA regulator page and your policy’s PDS before relying on the requirements for your business.

Sources

• Key employer obligations and penalties — SIRA (updated 29 July 2026)

FAQ

Do NSW cleaning employers need an injury register?

Yes. SIRA’s table states the requirement for employers generally and does not identify a cleaning-industry exception. It cites sections 63 and 256 and clause 40.

Must the register itself be electronic?

SIRA’s cited summary separately requires training and access to use an electronic register under clause 40(2). It does not prescribe a particular software platform in that summary.

Can we use SIRA’s “If you get injured at work” poster?

Yes. SIRA says employers may use its poster to meet the separate display requirement under sections 231(1)–(2) and clause 39.

What is listed for failing to keep the register?

SIRA’s table, updated 29 July 2026, lists a $1,100 penalty and a maximum court penalty of 50 penalty units.

Does keeping a register replace privacy or safety duties?

No. Privacy laws apply to the handling of workers’ personal and health information, and SIRA’s employer-obligations list does not include all work health and safety obligations.