WHS Enforcement Notices

WHS inspectors will issue an improvement notice for a contravention of the WHS Act that does not result in the issue of a prohibition notice, unless the contravention can be remedied while the inspector is on site.

The improvement notice will order the person receiving the notice to fix:

• the contravention;
• things or operations causing the contravention; or
• things or operations to prevent a possible contravention from occurring in the future.

The notice must state how the inspector believes the WHS Act is being contravened. Notices often contain numerous directions and recommendations, however, the WHS Act does not provide guidance on such content. 

Non-compliance with a WHS improvement notice can attract a maximum fine of $50,000*.

A WHS non-disturbance notice requires an immediate action and will apply for a period of up to 7 days from the date of issue. 

These notices are issued to:

• preserve the site where a notifiable incident occurred; and
• prevent the disturbance of a particular site or plant, substance, structure or thing associated with the site.

The non-disturbance notice will state the:

• period for which the non-disturbance notice will apply (this will be for seven days or less);
• measures to be taken to preserve a site or prevent the disturbance of a site; and
• actions that can be taken even though a non-disturbance notice has been issued.

The maximum penalty for failing to comply with a WHS non-disturbance notice is $50,000*.

WHS inspectors will issue a prohibition notice in all cases where they reasonably believe that an activity is occurring or may occur involving a serious risk to the health or safety of a person emanating from an immediate or imminent exposure to a hazard.

WHS prohibition notices can have severe impacts on a workplace by preventing certain procedures or items of plant from further use. The effects can be detrimental on a workplace. 

The prohibition notice will remain in effect until an inspector is satisfied the source of the risk has been remedied.  

The maximum penalty for non-compliance with a prohibition notice is $100,000*.

WHS inspectors have specific powers to seize things, such as plant, equipment or substances, in the following circumstances:

• to prevent loss of the evidence or use of the thing where the inspector believes the thing (including a document) is evidence of an offence against the WHS Act;
• for the thing to be analysed, tested or examined;
• if seizing the thing is consistent with the purpose of entry; and
• if the inspector believes the thing, workplace or part of the workplace is defective, hazardous or likely to cause an injury.