Improvement, prohibition and penalty notices
We can (under some circumstances) issue improvement notices or prohibition notices, when there is a contravention of the work health and safety (WHS) laws or of the workers compensation legislation.
We may also issue a penalty notice for some offences, rather than prosecuting through the courts.
Improvement notices
We can issue an improvement notice when there is a safety issue that needs to be fixed or if workers compensation requirements are not being met.
The workplace can generally continue operating while the improvement notice is being actioned, however the notice will require the issue to be fixed within a specified time. In appropriate circumstances, improvement notices will correct unsafe work practices very quickly.
For example, an improvement notice may require a business to fix a slip hazard or to train workers in the safe use of plant and equipment, while continuing day-to-day business.
Improvement notices may also be issued to require a person to comply with procedures under the workers compensation legislation.
Prohibition notices
If we believe that an activity at work involves a more serious risk to health or safety, then we can issue a prohibition notice to stop work immediately.
A prohibition notice may include directions to stop the activity or to change the way the activity is done, to prevent illness or injury.
For example, if scaffolding is not safe to be used, we will issue a prohibition notice to stop work immediately on or around the scaffolding until the issue is fixed.
Penalty notices
A penalty notice may be issued for certain serious offences, for example removing asbestos without a licence.
Because they do not involve court proceedings, they are a quicker option for dealing with offences under WHS laws or the workers compensation legislation.
If you're issued with a penalty notice, you can choose to pay it (which will finalise the matter) or you may choose to have the matter dealt with by the court.
We do not set the penalty notice amount. The amount is specified in legislation and is much lower than the maximum penalty that may be issued by the court.
To request a review of a penalty, in the first instance is to be submitted to Revenue NSW.
We can (under some circumstances) issue improvement notices or prohibition notices, when there is a contravention of the work health and safety (WHS) laws or of the workers compensation legislation.
Review of an inspector decision
What is an internal review?
The Work Health and Safety legislation administered by SafeWork NSW allows an eligible person (as defined by legislation) who is dissatisfied with a decision made by an inspector or authorised officer to request that the decision be reviewed.
An internal review is a systematic way of looking at the merits of an original decision and allows the person affected by the decision to seek an independent opinion from an officer who was not substantially involved in making the original decision.
The SafeWork Reviewable Decisions Unit conducts the internal reviews of regulatory and authorisation decisions made by SafeWork NSW.
An internal review will not involve reinvestigation of a decision or re-processing of an application. The written review application will be evaluated, along with any relevant material submitted or obtained, giving proper, genuine and realistic consideration to the application.
Reviews are conducted as per the statutory requirements of the relevant legislation and within an appropriate administrative law framework.
How to request an internal review?
The application is to provide the reasons why the applicant believes the original decision was unreasonable, unfair or incorrect and include relevant material supporting the review application.
The application needs to be:
- in writing and include an Australian address for the applicant
- emailed to [email protected] or posted to PO Box 592, Richmond NSW 2753
Time limits on the internal review process
An internal review application relating to a decision under the Work Healthy and Safety Regulation is to be submitted within 28 days of receipt of a notice of the original decision and the review will be determined within 21 days.
An internal review application relating to a decision under the Work Health and Safety Act is to be submitted within 14 days of receipt of the notice and the review will be determined within 14 days.
Under certain circumstances, extension of time may be allowed or agreed to for either the person to submit the application or the review to be completed.
What happens in the review process?
When the review application has been received by the SafeWork Reviewable Decisions Unit, the application will be allocated to a review officer who was not substantially involved in the process of making the decision under review.
The review officer will send an acknowledgement to the applicant confirming receipt and allocation of the review application.
The officer will consider various information relevant to the grounds of the review application. The review will determine if the original decision-making process was appropriate in terms of relevant legislation, policies and procedures.
Following the internal review of a decision, the reviewer may Confirm the decision or Vary the decision or Set aside the decision and replace with a new decision made by the reviewer.
The review officer will send the applicant the review determination and a statement of reasons that outlines the review process and how the review officer reached the determination. The original decision maker will also be provided the review determination.
Do not agree with the outcome of the internal review?
If the person is still dissatisfied after the internal review, they have the right to seek external review of the original decision with the:
- NSW Civil & Administrative Tribunal for decisions relating to Work Health and Safety Regulation or licence/permits. Telephone: 1300 006 228
- Industrial Relations Commission of NSW for decisions relating to Work Health and Safety Act.