Request for extension of time for Improvement Notices can be lodged with the regulator. They must be submitted on a Request for Review form and must be received before the compliance period on the notice ends. The regulator can only extend time for compliance if that time has not ended. Therefore you should get any application in at least three (3) clear working days before the compliance period ends.

In any application you need to address the length of extension sought and what you have done to date to work towards compliance including if an extension of time has previously been granted. If in doubt, you are advised to engage the inspector who issued the notice to seek advice on such extensions.

The form should be emailed to review.officer@dmirs.wa.gov.au, or mailed to WorkSafe Western Australia Commissioner, Locked Bag 100 East Perth 6892, or hand deliver it to Level 1, Mason Bird Building, 303 Sevenoaks St, Cannington WA 6107.  Mine sites who are Safety Regulation System (SRS) users can lodge a review request of this type in SRS.

After considering an application to extend time, the regulator will communicate the outcome to the applicant. If you do not agree with the regulator’s decision, you can seek an external review of the decision by the Work Health and Safety Tribunal. An application to the Tribunal must be lodged with the Western Australian Industrial Relations Commission (WAIRC) within the timeframes specified in the WHS Act or WHS Regulations for the type of decision being reviewed.

Requests for reviews can be lodged with the regulator. This is called an internal review. This must be submitted on Request for Review form, and the completed form must be received by WorkSafe before the prescribed time. The regulator cannot review a decision made by the regulator. Any reviews for decisions made by the regulator need to be made to the Work Health and Safety Tribunal.

A signed and dated copy of the request for internal review form must be sent to WorkSafe before the prescribed time expires. This time is either 14 days or if the decision is an improvement notice the lesser of either 14 days or when the compliance period ends. The form should be emailed to review.officer@dmirs.wa.gov.au, or mailed to WorkSafe Western Australia Commissioner, Locked Bag 100 East Perth 6892, or hand deliver it to Level 1, Mason Bird Building, 303 Sevenoaks St, Cannington WA 6107. For mine sites (SRS users), a review of an improvement notice or a prohibition notice should be requested using SRS.

The regulator may request further information from an applicant. If this occurs and you do not respond within the required time the decision is taken to have been confirmed.

After considering a request for a review, the regulator will communicate the outcome to the applicant. If you do not agree with the regulator’s decision, you can seek an external review of the decision by the Work Health and Safety Tribunal. An application to the Tribunal must be lodged with the Western Australian Industrial Relations Commission (WAIRC) within the timeframes specified in the WHS Act or WHS Regulations for the type of decision being reviewed.

Within 7 days after the day on which a Provisional Improvement Notice (PIN) is issued to a person, a request may be lodged with WorkSafe for a review on a Request for Review form. An inspector will be assigned to review the issue. 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 consider issuing an improvement notice in its place.