How to Have a WorkSafe Inspector’s Decision Reviewed

When a WorkSafe inspector visits your workplace, their role is to assess health and safety, provide constructive advice and, where appropriate, issue notices to require people at workplaces to meet their legal responsibilities or address an immediate risk.

Sometimes, people within a workplace may not agree with an inspector’s decision.

You can access a free, fast, straightforward service to review a range of decisions made by WorkSafe inspectors.

What types of decisions can be reviewed?

A range of decisions can be reviewed, including:

• If you have been issued an improvement notice and need more time to comply.
• If you think an inspector’s decision is incorrect; for example:
  • You disagree with an inspector’s decision to issue an improvement or prohibition notice
  • You disagree with an inspector’s decision to cancel or affirm a health and safety representative’s provisional improvement notice, or
  • You think a notice should have been issued relating to matters raised at the time of a visit, and the inspector has not done so

For a full list of reviewable decisions, go to www.worksafe.vic.gov.au

Who can apply?

People who can apply include employers, employees or health and safety representatives affected by the inspector’s decision (including a decision to take no action).

When and how to apply?

You need to apply within 14 days of the decision, although late applications can be accepted in certain circumstances.

Fill in the form available from:

• The WorkSafe website (www.worksafe.vic.gov.au)
• A WorkSafe inspector or WorkSafe offices
• The Internal Review Unit (Phone: 03 8663 5450 or email internalreviewunit@worksafe.vic.gov.au)

Who conducts the review?

The Internal Review Unit, which is separate from WorkSafe’s Health and Safety Unit.

How will I be notified of the outcome?

You will be notified in writing within 14 days (or 7 days if the review relates to a prohibition notice).

What if I’m not satisfied?

You can apply for external review by the Victorian Civil and Administration Tribunal (VCAT) www.vcat.vic.gov.au

Where can I get more information?

Go to www.worksafe.vic.gov.au or contact the Internal Review Unit on 03 8663 5450.

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