WorkSafe Western Australia Notice Review Request

The situation

Craig, 44, runs a structural steel fabrication workshop in Kwinana, WA with 18 employees. On a Tuesday morning in May 2026, a WorkSafe WA inspector arrived and issued two notices: an improvement notice (guarding on the angle grinder stations, 14-day compliance period) and a prohibition notice stopping all work on the overhead crane (an alleged fault in the SWL markings).

The prohibition notice shut down 40% of Craig's production floor immediately.

The WorkSafe WA inspector gives Craig a form, "Request to Review a Notice", and explains he has 14 days to apply for a review of the improvement notice, and that lodging a review application for the prohibition notice will automatically suspend the prohibition notice pending review.

Craig calls his WHS consultant, she is on leave for two weeks. He calls WorkSafe WA to ask what he needs to say in the review application, the WorkSafe officer explains they cannot advise him on what grounds to raise, only on the process.

What Craig doesn't know: (a) The prohibition notice review application will suspend the notice the moment he lodges it, getting his crane back immediately while the review proceeds. This is the key commercial lever and Craig doesn't know it. (b) The grounds for review must be specific: either the inspector misidentified the contravention (the SWL markings ARE legible), the inspector's remedy was disproportionate (a prohibition was not warranted when an improvement notice was sufficient), or the inspector exceeded their powers. (c) The review application is not a formal legal submission, but it needs to identify specific grounds tied to the WHS Act 2020 (WA) provision and the relevant Code of Practice. A generic "we disagree" response will fail.

Who receives this

WA small-to-medium businesses receiving WorkSafe WA improvement or prohibition notices, particularly in mining services, construction, fabrication, manufacturing, and resources sector contractors. The prohibition notice automatic-stay mechanism is the dominant use case (commercial urgency of getting work restarted).

Why the agency will not advise you

WorkSafe WA cannot advise businesses on what grounds to raise in their review applications, the review process is designed to be accessible but provides no drafting guidance. WHS consultants and solicitors serve the mining/resources sector but at high cost and often unavailable on short notice. The prohibition notice automatic-stay mechanism is the key hidden lever most business operators don't know about.

Key facts, with sources

• WorkSafe WA issues improvement notices and prohibition notices under the Work Health and Safety Act 2020 (WA), which commenced 31 March 2022 as the last Australian state to adopt the model WHS laws. A person who is issued an improvement notice or prohibition notice may apply to WorkSafe WA for a review of the notice. For improvement notices, the prescribed time to request a review is the lesser of 14 days or when the compliance period ends. For prohibition notices, lodging a review request suspends the effect of the notice, this is the critical commercial mechanism for businesses shut down by a prohibition notice. After internal review, the business may seek external review in the Magistrates' Court. Source: Request a review of decision — WorkSafe WA · Request to review a notice — WorkSafe WA publications · Compliance and enforcement policy — WorkSafe WA
• Western Australia has a dominant mining, resources, and construction sector, which drives a significantly higher per-capita WHS inspection intensity than other Australian states. The 2022 commencement of the model WHS Act in WA (replacing the Occupational Safety and Health Act 1984) created a transitional period where inspectors are applying new standards and businesses are learning new compliance requirements. WA's distinctive high-risk workplace profile (mining, offshore oil/gas, large construction projects) means prohibition notices, which immediately stop work, carry higher commercial stakes than in other states. Source: Work health and safety laws (WA) — NFP Law · Complying with an improvement notice — WorkSafe WA

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. Request a review of decision — WorkSafe WA
2. Request to review a notice — WorkSafe WA publications
3. Compliance and enforcement policy — WorkSafe WA
4. Work health and safety laws (WA) — NFP Law
5. Complying with an improvement notice — WorkSafe WA