SafeWork NSW Improvement and Prohibition Notice Internal Review

The situation

Tony, 49, owns a commercial kitchen equipment repair business in Western Sydney with 6 employees. In June 2026 a SafeWork NSW inspector visited after a worker reported that a grinder was not guarded. The inspector issued an improvement notice requiring Tony to install compliant guarding on all grinding equipment within 14 days and conduct a documented risk assessment of all workshop machinery.

Tony believes the grinder in question was already compliant, it had a wheel guard fitted, but the inspector found the guard did not meet AS/NZS 1788 because it was of an older design. Tony has 14 business days to request an internal review.

What Tony doesn't know: (a) By filing the internal review application, the improvement notice is automatically stayed, he does not have to install new guards while the review is pending. This removes the immediate compliance cost pressure while the dispute is resolved. (b) The grounds of review under the WHS Act are substantive: he can argue that the inspector applied the wrong standard (the guarding requirement the inspector cited may not apply to his specific machine type); that the guard he had was compliant with the applicable standard; or that the action required (replacing all guards, full risk assessment) exceeds what is necessary to address the specific risk. (c) SafeWork NSW's review process requires a written application, there is no template or structured guidance for what arguments to make in the application. (d) Tony's WHS lawyer quoted AU$3,500 to handle the review application and representation. Tony's grinder guard costs AU$800 to replace, the legal fee is 4x the cost of just complying. But complying would mean admitting the notice was correct, which Tony disputes for WHS Act record-keeping reasons.

Who receives this

NSW businesses across all sectors receiving SafeWork NSW improvement or prohibition notices who want to challenge the notice rather than comply. Primary segments: (1) construction and trades businesses (improvement notices are most common in this sector); (2) food manufacturing and commercial kitchens; (3) warehousing and logistics; (4) manufacturing and engineering workshops. SafeWork NSW issues 4,400+ notices per year, the most of any Australian state. Many businesses accept notices without challenge because they don't know the review process or can't justify legal fees.

Why the agency will not advise you

SafeWork NSW issues the notice, it cannot advise the business on how to dispute its own inspector's decision. SafeWork NSW's guidance explains what the notice requires (compliance information), not how to challenge the notice substantively. WHS lawyers are the only professional option at AU$2,000–AU$8,000, disproportionate for disputes where the compliance cost may be AU$500–AU$5,000. The automatic stay of improvement notices (upon application) creates immediate value for the tool even before the review succeeds.

Key facts, with sources

• SafeWork NSW issues improvement notices and prohibition notices under the Work Health and Safety Act 2011 (NSW) (WHS Act). An improvement notice requires a person to remedy a contravention within a specified period. A prohibition notice prohibits an activity the inspector reasonably believes involves a serious risk to health or safety. A person who is given an improvement notice or prohibition notice may request an internal review under WHS Act s.229 within 14 business days of receiving the notice. The internal review is conducted by a reviewer who was not involved in making the original decision. Critically: an improvement notice is automatically stayed (suspended) upon the filing of an internal review application, it cannot be enforced during the review period. A prohibition notice is NOT automatically stayed (the work stoppage continues). After the internal review decision, a person can apply for external review at the NSW Industrial Relations Commission (IRC) within 14 business days. Source: Internal review of inspector and regulator decisions — SafeWork NSW · Improvement, prohibition and penalty notices — SafeWork NSW · Can you challenge an improvement notice? — Holding Redlich
• SafeWork NSW is one of Australia's busiest workplace safety regulators. For the year 2024/25, SafeWork NSW issued approximately 4,400 improvement and prohibition notices, the largest notice volume of any Australian state WHS regulator. SafeWork NSW's compliance and enforcement data shows increasing enforcement activity following the introduction of the harmonised WHS Act in 2011. WHS lawyers (Holding Redlich, Matthews Folbigg) describe a significant market for improvement and prohibition notice challenges, particularly in construction, manufacturing, and hospitality sectors. SafeWork NSW's guidance explains what an improvement notice requires and what the review process involves, it does not explain how to frame grounds of review or what evidence to assemble. Source: WHS Obligations — Improvement and Prohibition Notices — Matthews Folbigg Lawyers · Improvement Notices vs Prohibition Notices — BlueSafe Online

When to bring in a professional

Self-serve responses fit routine cases: clear facts, amounts a business can absorb, and a deadline still ahead of you. Bring in a licensed professional when the amount at stake is large relative to their fee, the facts are genuinely disputed, criminal exposure is possible, or the deadline has already passed. A short paid consultation to sanity-check your plan is often worth it even when you handle the filing yourself.

All sources for this guide

1. Internal review of inspector and regulator decisions — SafeWork NSW
2. Improvement, prohibition and penalty notices — SafeWork NSW
3. Can you challenge an improvement notice? — Holding Redlich
4. WHS Obligations — Improvement and Prohibition Notices — Matthews Folbigg Lawyers
5. Improvement Notices vs Prohibition Notices — BlueSafe Online