WHS notice responder

Received an improvement, prohibition or non-disturbance notice from a WHS inspector? See what it means, what to do now, your review deadline and where an appeal goes, then draft an internal review application.

Figures checked 5 November 2026. Free to use, no sign-in.

Victoria and Western Australia have their own Acts; the tool switches to them.

The type is printed at the top of the notice.

What to do

Your next step

Fix the issue by the compliance date in the notice

An inspector believes you are contravening (or are likely to keep contravening) a provision of the Act or regulations. The notice names the provision, how it is being contravened and the date by which you must remedy it. Work can usually continue, but not complying by that date is an offence (s 193).

Do now

  1. Note the compliance date and any directions in the notice.
  2. As soon as possible, display a copy of the notice in a prominent place at or near the affected work (s 210).
  3. Fix the problem, keep records of what you did (photos, invoices, training records) and tell the inspector when it is done.
  4. If you need more time, ask the inspector for an extension before the compliance period ends: it can’t be extended after (s 194).

Internal review

Apply to SafeWork NSW for an internal review within the compliance period or 14 days, whichever ends first, after the notice first came to your attention, or a longer period the regulator allows (s 224). The reviewer must decide within 14 days, or the decision is taken to be confirmed (s 226).

Applying for internal review automatically pauses (stays) an improvement notice. The stay lasts through the review and ends when the time to apply for external review runs out or an external review is lodged, whichever is first (s 228).

External review

If you disagree with the internal review decision, you can apply to the Industrial Relations Commission of NSW within 14 days after the decision first comes to your notice (s 229 of the Work Health and Safety Act 2011 (NSW)).

Source: Improvement notices: ss 191–194 of the Work Health and Safety Act 2011 (NSW). Review: s 224, 226, 228 and s 229.

  • External review in this jurisdiction goes to the Industrial Relations Commission of NSW.
  • Deadlines are counted from the day the notice first came to your attention. If a last day falls on a weekend or public holiday, don’t assume it moves: lodge earlier.

General information, not legal advice.

Draft an internal review application

Application details

A stay pauses the notice while it is reviewed.

Internal review application

Check before you use it

  • Lodge it within the review period, in the form SafeWork NSW requires.
  • Keep working on the fix in case the review confirms the notice.
  • Stick to facts and evidence; attach photos, records or expert advice that support each reason.

To: SafeWork NSW, internal review

From: [Business name] [Contact name, phone and email]

Application for internal review of improvement notice [notice number]

Notice typeImprovement notice
Notice number[Notice number]
Issued by[Inspector name]
Received[Date received]
Compliance date[Compliance date]

We are an eligible person for this decision and apply for internal review under s 224 of the Work Health and Safety Act 2011 (NSW).

Reasons we ask for the decision to be reviewed:

  1. [Set out each reason, with the facts and any evidence you rely on]

Outcome we ask for: [e.g. that the notice be cancelled, varied, or its compliance date extended]

We note that this application stays the operation of the improvement notice (s 228).

Attached: a copy of the notice and the documents supporting these reasons.

[Name]

[Business name]

Date: ____________

Highlighted text in [brackets] still needs your input. Nothing you type is saved or sent. General information, not legal advice.

How this works

The tool applies the notice and review provisions of your jurisdiction’s Act: Parts 10 and 12 of the WHS Act in the harmonised states, territories, WA and the Comcare scheme, and ss 110–115 and Part 10 of Victoria’s OHS Act 2004. Enter the date you received the notice (and the compliance date for an improvement notice) to see the last day for internal review.

Not included: provisional improvement notices from health and safety representatives, regulator decisions under the regulations (such as licences), and the penalty amounts for infringement notices.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

How long do I have to ask for a review of an improvement notice?

Under the harmonised WHS Acts and WA’s Act, 14 days after you receive it or the compliance period in the notice, whichever ends first. In Victoria it is 14 days. The regulator can allow longer, but don’t rely on that.

Does asking for a review pause the notice?

Outside Victoria, an application for internal review automatically pauses an improvement notice, but not a prohibition or non-disturbance notice: you have to ask for a stay, which must be decided within one working day (one day in WA) or is taken to be granted. In Victoria no notice is paused unless WorkSafe grants a stay, which it must decide within 24 hours.

Where does external review go?

NSW: Industrial Relations Commission. Queensland: Queensland Industrial Relations Commission (30 days). SA: South Australian Employment Tribunal. WA: Work Health and Safety Tribunal. Tasmania: TASCAT. ACT: ACAT. NT: Work Health Court. Comcare: Fair Work Commission. Victoria: VCAT. The time is 14 days except in Queensland.

Do I have to display the notice?

Yes. Put a copy in a prominent place at or near the affected work as soon as possible. In Victoria you must also give a copy to the health and safety representatives for the affected employees and tell everyone whose work is affected.

Related tools

All tools
CheckerNotifiable incident checkerCheck whether a workplace death, injury, illness or dangerous incident must be reported to the WHS regulator, how fast, who to call and what records to keep.Open checker CheckerPsychosocial risk self-assessmentRate the 14 common psychosocial hazards to build a ranked risk register, with the psychosocial regulations that apply in your state or territory.Open checker CalculatorWorkplace amenities calculatorWork out the toilets, urinals, washbasins and drinking water points a workplace should have from its headcount, under the code of practice for your state.Open calculator

Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

See plans