Request for review of decisions
The regulator can review internal decisions made under the Work Health and Safety Act 2020 in relation to reviewable decisions at a general workplace, mine or petroleum site.
Decisions under these regulations that are reviewable are set out in Part 12 of the WHS Act 2020, Part 11.1 of the Work Health and Safety Regulations (General and Mining) 2022 and Part 5, Division 8 of the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022. Please refer to these sections of the legislation when completing this application. Section 223 of the WHS Act and Regulations 676 (General and Mining Regulations) and 165 (PAGEO Regulations) identify which decisions made under these regulations are reviewable (reviewable decisions) and who is eligible to apply for review of a reviewable decision (the eligible person).
Decisions for review
Requests for reviews can be lodged with the regulator. This must be submitted on Request for Review form, and the completed form must be received by WorkSafe before the prescribed time.
A signed and dated copy of the form must be sent to WorkSafe before the notice expires. The form should be emailed to firstname.lastname@example.org, 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.
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.
Extensions to the compliance date specified on an improvement notice can only be granted by the regulator as part of the review process. You will need to submit a Request for Review form. The form should be emailed to email@example.com, 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 SRS users can lodge a review request of this type in SRS.
Provisional Improvement Notice
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.
- Request for review a notice form – to be completed if you are seeking a review of a notice issued under the Work Health and Safety legislation
- Reference of improvement notice for review form – to be completed if you are seeking a review of an improvement notice issued under the Occupational Safety and Health legislation
Share this page: