Reviews and appeals
If your interests are affected by a decision made by an inspector, such as the decision to issue a notice, you have the right to seek a review of the decision.
The review process is explained on the reverse side of all enforcement notices and involves the following steps.
- An application for review of a decision (PDF, 178 KB) must be submitted on the approved form within a certain period (approved forms are also available from all Workplace Health and Safety Queensland offices)
- In most cases the application must be submitted within 14 days after the day you receive notice of the inspector’s decision
- If the application is for the review of a decision to forfeit a thing, the application must be submitted within 28 days after the day you receive notice of the original decision
- Ensure you submit enough information on the application form to enable a decision to be made
The Department of Justice and Attorney-General will give you written notice of the review decision within 14 days of making the decision.
You also have the right to make an appeal against an original decision or a review decision in the Industrial Court.
A notice of appeal must be lodged in writing within 30 days of either receiving the original decision or, if appealing a review decision, the receipt of reasons for the review decision.
You may also wish to apply for a stay of operation of decision to ensure you are not bound by the decision until the appeal is finalised.
The Industrial Court may:
- confirm the decision appealed against
- vary the decision appealed against
- set aside the decision appealed against and make a substitute decision
- return the issue to the Electrical Safety Office with directions the court considers appropriate
Last updated October 17, 2006