Review a notice

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The WorkSafe Western Australia Commissioner can review Improvement and Prohibition notices, Provisional improvement notices and grant exemptions to specified Occupational Safety and Health Regulations.  

Improvement notice

Requests for review of improvement notices can be lodged with the WorkSafe Western Australia Commissioner. This must be submitted on a Form 4 - Reference of improvement notice for review,  and the completed form must be received in our office before the date specified on the notice by which action must be taken to rectify the alleged breach. 

A signed and dated copy of the form must be sent to WorkSafe before the notice expires. The form should be emailed to review.officer@commerce.wa.gov.au. If you do not have access to email, you may fax the form to 6251 2832,  or mail it to WorkSafe, Locked Bag 14, Cloisters Square, Perth 6850 or hand deliver it to Level,  Mason Bird Building, 303 Sevenoaks St Cannington WA 6107. 

Improvement notices are suspended while being reviewed by the Commissioner. 

After considering a request for a review, the Commissioner will affirm, modify or cancel the notice. If you do not agree with the Commissioner’s decision, you can seek a further review of the notice by the Occupational Safety and Health Tribunal. An appeal to the tribunal must be lodged with the Western Australian Industrial Relations Commission (WAIRC) within seven days of the Commissioner’s decision.

Extensions to the due compliance date specified on an improvement notice can only be granted by the WorkSafe Western Australia Commissioner as part of the review process. You will need to submit a Form 4 - Reference of improvement notice The form should be emailed to review.officer@commerce.wa.gov.au.  If you do not have access to email, you may fax the form to 6251 2832,  or mail it to WorkSafe, Locked Bag 14, Cloisters Square, Perth 6850 or hand deliver it to Level,  Mason Bird Building, 303 Sevenoaks St Cannington WA 6107.  

Prohibition notice

Requests for review of a prohibition notice must be lodged with the WorkSafe Western Australia Commissioner within seven days of the issue of the notice. In some cases, the Commissioner may allow further time. A request for review of a prohibition notice should be made on a Form 5 - Reference of Prohibition notice for review.

The form should be emailed to review.officer@commerce.wa.gov.au.  If you do not have access to email, you may fax the form to 96251 2832,  or mail it to WorkSafe, Locked Bag 14, Cloisters Square, Perth 6850 or hand deliver it to Level,  Mason Bird Building, 303 Sevenoaks St Cannington WA 6107.  

Prohibition notices remain in force while being reviewed by the Commissioner.

After considering a request for a review of a prohibition notice, the Commissioner will affirm, modify or cancel the notice. If you do not agree with the Commissioner’s decision, you can seek a further review of the notice from the Occupational Safety and Health Tribunal. Any appeal to the tribunal must be lodged with the WAIRC within seven days of the Commissioner’s decision.

Exemption

A person who has obligation under the Occupational Safety and Health Regulations may submit a request to the WorkSafe Commissioner to be exempted from fully complying with the requirement of these regulations. To request an exemption complete a Request for exemption form.  The form should be emailed to review.officer@commerce.wa.gov.au.  If you do not have access to email, you may fax the form to 6251 2832,  or mail it to WorkSafe, Locked Bag 14, Cloisters Square, Perth 6850 or hand deliver it to Level,  Mason Bird Building, 303 Sevenoaks St Cannington WA 6107. 

Please note: this form must specify: 

  • the OSH regulation for which the exemption is required;
  • the time-frame or period for which the exemption is required; and
  • the date the exemption is required by;  

In addition you will need to describe in detail the reason why the WorkSafe Commissioner should grant you an exemption from complying with the regulation/s and provide any documentation to support your request.  

If an applicant is not satisfied with the Commissioner’s decision, under section 61A of the Occupational Safety and Health Act 1984, the decision can be referred to the Occupational Safety and Health Tribunal.

Provisional Improvement Notice

Before the PIN expires, a request may be lodged with WorkSafe for a review on a Provisional Improvement notice (PIN) Review Form. An inspector will then visit the workplace to carry this out. Until the inspector confirms, modifies or cancels the PIN, it is suspended.

If the inspector confirms or modifies the PIN, it becomes the same as an improvement notice issued by the inspector. If a PIN is not technically correct, the inspector may cancel it and look at issuing an improvement notice in its place.

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