Request for review of decisions

The regulator can review internal decisions made under the Work Health and Safety Act 2020 (WHS Act) and regulations there under, in relation to reviewable decisions at a general workplace, mine or petroleum site. The regulator can also consider applications to extend time for compliance of an improvement notice.

Decisions that are reviewable (reviewable decisions) and who is eligible to apply for review of a reviewable decision (the eligible person) are set out in the following sections of the WHS legislation:

• section 223 of the Work Health and Safety Act 2020
• regulation 676 of the Work Health and Safety (General) Regulations 2022
• regulation 676 of the Work Health and Safety (Mines) Regulations 2022
• regulation 165 of the Work Health and Safety (Petroleum and Geothermal Energy Operations) Regulations 2022.

The regulator can consider an application to extend time for compliance with an improvement notice under Section 194 of the WHS Act but may only do so if time for compliance of the notice has not ended.

Extension of time requests for improvement notices

Request for extension of time for Improvement Notices can be lodged with the regulator. They must be submitted either online or by completing the Request for Review form. The request 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.

Mine sites who are Safety Regulation System (SRS) users, a review of an improvement notice or a prohibition notice, or to apply for an extension of the due date of the improvement notice(s) is to be requested using 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 time frames specified in the WHS Act or WHS Regulations for the type of decision being reviewed.

Decisions for review

Requests for reviews can be lodged with the regulator. This is called an internal review. Examples of decisions which are reviewable include the decision to issue a notice, the decision not to grant a licence, or the decision not to register an item of plant. See the legislation referenced above for further information on which decisions can be internally reviewed.  

Requests for review must be submitted either online or by completing the Request for Review form. For mine sites who are Safety Regulation System (SRS) users, a review of an improvement notice or a prohibition notice, or application for an extension of the due date of an improvement notice(s) is to be requested using SRS. 

Lodgement of the request for internal review must be submitted to WorkSafe before the prescribed time expires. For the review of an improvement notice, the prescribed time is the lesser of either 14 days or when the compliance period ends. The prescribed time for other decisions is listed in the legislation referenced above.  

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 an internal 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 time frames specified in the WHS Act or WHS Regulations for the type of decision being reviewed.

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. 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.