If you disagree with an inspector’s decision, you can apply to WorkSafe requesting an internal review of the inspector’s decision.

This page is about eligible persons applying for internal reviews of inspector’s decisions under Section 131 of Health and Safety at Work Act 2015 (HSWA).

HSWA Section 130 defines which inspector decisions are reviewable and who is an eligible person. For information about WorkSafe's approach to reviewing all statutory decisions refer to How we review our statutory decisions

Internal review

If you disagree with an inspector’s decision, you can apply to WorkSafe requesting an internal review of the inspector’s decision in relation to any of the following:

• An improvement notice;
  
• A prohibition notice;
  
• A non-disturbance notice;
  
• A suspension notice;
  
• A decision in relation to a time extension to comply with an improvement notice;
  
• A decision in relation to a review of a provisional improvement notice issued by a Health and Safety Representative.
  

The internal review will be conducted by WorkSafe by a reviewer that is independent from the inspector’s decision.

The reviewer consider whether the inspector's decision is consistent with:

• WorkSafe’s Enforcement Policy, and
• WorkSafe's Enforcement Decision–making Model.

The review will be completed within 14 days, and the reviewer will either:

• confirm or vary the inspector’s decision,
• set-aside the decision, or
• set-aside the decision and substitute the decision with another.

Request for an internal review

The acceptance criteria for a request for an internal review are as follows:

• The request must be submitted from an eligible person ie the person affected by the decision, or their representative.
• The correct application form needs to be completed with the required information and sent via email to the relevant email address on the back of the form.
• The application must be made in the eligible person’s name.
• The application must seek a review of a decision which is reviewable (s130)(external link)
• The application is received in the allowable time.

Applications will not be accepted if the applicant has already sought an internal review of the same decision, and this has been determined.

When contacting WorkSafe to request an internal review, you will need to provide:

1. Any relevant information to support the request relating to why the decision should be reviewed; or why WorkSafe should consider staying the decision.
2. A description of how you are affected by the decision, and why the decision should be reviewed.
3. Contact details for all involved parties and details of their involvement.

Once we receive the form, WorkSafe will review the information provided and contact you as soon as possible.

WorkSafe will take into account all relevant information provided by the PCBU and the HSR (or their representative), and any other relevant information necessary to form a view as to whether or not the inspector’s decision should be changed.

Submitting your request for an internal review of a reviewable decision

1. Click the button below to access the form
2. The form is in a PDF format. You will need Adobe Acrobat to open it 
3. Save the form to your computer
4. Type directly into the form all of the information we require
5. Re-save the form with your information included
6. Email the completed form to your local WorkSafe office. The contact details for each local office are on the back of the form.