Appealing an inspector's decision
Electrical and workplace health and safety decisions
Industrial relations decisions
Electrical and workplace health and safety decisions
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 review 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.
Industrial relations decisions
If you disagree with a decision made by an inspector in relation to a claim for unpaid wages:
- advise the inspector of the reasons why.
- if the matter is not resolved with the inspector, a senior inspector will review the case.
- if the matter remains unresolved, it may be need to be determined by an appropriate tribunal and you will be advised accordingly by the Department of Employment and Industrial Relations.
If an infringement notice has been issued to you, you have 28 days to either:
- pay the infringement notice penalty to the Department of Employment and Industrial Relations
- choose to have the matter dealt with in a Magistrates Court.
Read more about industrial relations infringement notices.
Last updated October 17, 2006