WorkSafe ACT can issue prohibition, improvement and infringement notices for WHS breaches or risks. These can carry substantial fines and far-reaching implications for a company. It is essential that you are aware of your rights when issued with a notice to minimise the risks and consequences to your business.
Prohibition notices: issued when there’s an immediate or imminent risk
Effect: Stops work or procedures on the spot.
- You have 14 calendar days to request a review. When requesting a review you should set out and explain the reasons that you believe the notice was issued in error, or should be reviewed.
- Once the application is submitted, WorkSafe has 14 calendar days to consider your reasons and provide you with the outcome of your request for review.
- During this period, the reviewer can confirm, vary, or substitute the original decision.
- If additional information is needed from you, the review period is paused until you provide the requested information.
Improvement notices: issued for non-serious breaches to give time to fix the issue
- Review requests must be made within 14 calendar days or the compliance period listed on the notice, whichever is shorter.
Infringement notices: issued as on-the-spot fines
- You have 28 calendar days to pay the fine or dispute it.
- A reminder notice adds admin fees.
- You may apply in writing for an extension or dispute.
Compliance reminders
- Notices must be clearly displayed onsite.
- Do not remove or damage an active notice.
- Follow all directions and timelines to avoid prosecution or injunctions.
For support or clarification, contact us as soon as a notice is received. Our Workplace Relations Team is here to help you manage the process with confidence. You can contact the Workplace Relations team on 02 6175 5900 or email us on workplace@mba.org.au.
