Do inspectors have to explain their decisions?
When taking enforcement action
What if I disagree with an inspector's decision?
What can I do if I'm not happy with the service I received from an inspector?
When taking enforcement action
When taking enforcement action the inspector will explain:
- the reason for taking the action
- the evidence on which they have based their decision
- what you should do to comply
- where you can get some guidance on how to comply
- the date by which you should comply
If you are not completely clear about the explanation, please ask the inspector to clarify these issues.
What if I disagree with an inspector's decision?
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 appeal 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 WHSQ offices)
- In most cases the application should 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 Employment and Industrial Relations 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.
More information on the appeals process is available in sections 148 - 157 of the Workplace Health and Safety Act 1995 (PDF, 766 KB).
What can I do if I'm not happy with the service I received from an inspector?
If you cannot reach a resolution of the problem with the person you are dealing with, you can raise the issue by contacting, in the first instance, the Regional Manager of your nearest regional WHSQ office.
The Regional Manager will investigate your concerns promptly (and tell you what will be done about them). Most concerns are resolved in this way. However if your concerns have not been resolved to your satisfaction, you can write to the following address.
The Director
Regional Services Branch
Workplace Health and Safety Queensland
GPO Box 69
BRISBANE QLD 4001
Last updated October 18, 2006
