Important: From 1 January 2012, information on this website is being reviewed and must be read in conjunction with the Work Health and Safety Act 2011.
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Internal review
External review
Further information
Certain decisions made by workplace health and safety inspectors and the workplace health and safety regulator can be reviewed under the Work Health and Safety Act 2011 (WHS Act).
These are decisions on:
In addition, a number of decisions under the Work Health and Safety Regulation 2011 (WHS Regulation 2011) can be reviewed.
A list is available of who is eligible to apply for a review (either internal or external) and which external bodies can review decisions.
Workplace health and safety inspectors’ decisions are initially subject to internal review. People dissatisfied with the internal review decision may then apply for external review.
People dissatisfied with a decision of the regulator can only apply for external review of that decision.
An eligible person can apply to Workplace Health and Safety Queensland for an internal review of an inspector's decision. Refer to the internal review of decision guide for applicants.
The application for review must be made within 14 calendar days of the decision coming to the notice of the eligible person. However, with a decision to issue an improvement notice, an application must be made in the time stated in the notice or 14 calendar days, whichever is shorter.
Workplace Health and Safety Queensland will appoint a person other than the person who made the original decision, to review the decision.
The reviewer must make a decision within 14 calendar days of receiving the application for review. The reviewer can:
The reviewer can seek further information from the applicant. If this happens, the 14 calendar day period is paused until the applicant provides the information to the reviewer.
When requesting further information from the applicant, the reviewer must give the applicant at least seven days to provide the information.
Once the reviewer makes the decision, they must notify the applicant of the decision and the reasons for the decision in writing. The reasons must set out the reviewer's findings (including what happened and when) and the evidence on which those findings were based.
Except in the case of a decision to issue a prohibition notice or a non-disturbance notice, once an application for a review is made the original decision cannot be enforced.
Where the original decision involves the issue of a prohibition notice or non-disturbance notice, it is up to the reviewer to determine whether or not the original decision will be enforced pending the outcome of the review. This decision can be made at the reviewer's own initiative or the person seeking the review can also apply for no action to be taken. Such a decision must be made within one working day after receipt of the application.
An eligible person may apply to an external review body for a review of:
A person applying for external review has a right to obtain the decision and the reasons for the decision if they have not already been given these documents.
The application for review must state the grounds for seeking review and the facts that are being relied on for the review.
From the day the applicant received or became aware of the original decision, an application for external review must be made within:
There are several outcomes of a review by an external review body. QCAT and QIRC may:
Further information on workplace health and safety and the new laws is available at www.worksafe.qld.gov.au or by calling the WHS Infoline on 1300 369 915.
Both QCAT and the QIRC have their own rules for running reviews. For more details, contact:
Queensland Civil Administrative Tribunal
Ph: 1300 753 228 www.qcat.qld.gov.au
Queensland Industrial Relations Commission
Ph: 1300 592 987 www.qirc.qld.gov.au
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© The State of Queensland (Department of Justice and Attorney-General) 2009.