Part 10: WHS Improvement, Prohibition and Non-Disturbance Notices

Regulatory citation: Model Work Health and Safety Act, Part 10 (Sections 191–215), Enforcement measures

What Are WHS Notices?

Part 10 of the model WHS Act gives inspectors three main notices. Improvement notices require a contravention to be fixed. Prohibition notices stop a dangerous activity. Non-disturbance notices preserve a site. Part 10 also covers general rules for notices, remedial action by the regulator and injunctions.

Why Notices Matter

Notices are the most common enforcement tool. Failing to comply with one is an offence in its own right, and a notice can stop work immediately. Responding quickly and properly avoids escalation.

Core Obligations

1. Improvement Notices (s191)

An inspector may issue an improvement notice if they reasonably believe a person is contravening the Act or Regulations, or has done so in circumstances that make it likely to continue or be repeated. The notice can require the person to remedy the contravention, prevent a likely contravention, or fix the things or operations causing it.

2. Content, Compliance and Extensions (ss192–194)

An improvement notice must state the inspector's belief, the provision involved, briefly how it is being contravened, and a reasonable date for compliance. It may include directions on the measures to take. The person must comply by the stated date. An inspector can extend the compliance period, but only before it ends.

3. Prohibition Notices (ss195–197)

If an inspector reasonably believes an activity involves, or may involve, a serious risk to health or safety from an immediate or imminent exposure to a hazard, they may direct the person with control of the activity to stop it, or stop doing it in a particular way. The direction can be given orally first but must be confirmed in writing as soon as practicable. It stays in force until an inspector is satisfied the risk has been remedied.

4. Non-Disturbance Notices (ss198–201)

An inspector may require the person with management or control of a workplace to preserve the site of a notifiable incident or prevent disturbance of a site, including operation of plant, for up to 7 days. Further notices can be issued. The notice does not stop action needed to protect health or safety, help an injured person or make the site safe.

5. General Rules for Notices (ss202–209)

Notices must be in writing. Directions may offer a choice of ways to comply and may refer to a code of practice. Recommendations are not binding. Inspectors can make minor changes, and the regulator can vary or cancel a notice. Under section 209, notices can be served personally, by post or electronic transmission, or by leaving them at the workplace with the person who has management or control of it.

6. Display the Notice (s210)

The person issued a notice must display a copy as soon as possible in a prominent place at or near the affected work. It is an offence to intentionally remove, destroy, damage or deface a displayed notice while it is in force.

7. Remedial Action and Injunctions (ss211–215)

If a person fails to take reasonable steps to comply with a prohibition notice, the regulator may take remedial action after written notice and recover its reasonable costs. The regulator can also seek an injunction to compel compliance with a notice or restrain a breach.

8. Review Rights (Part 12)

Issuing a notice is a reviewable decision. Internal review must be sought within 14 days, or for an improvement notice within the compliance period if that is shorter, unless the regulator allows a longer period. An internal review application stays an improvement notice, but there is no automatic stay for prohibition or non-disturbance notices. A stay application must be decided within 1 working day or it is taken to be granted.

Common Compliance Approaches

Notice Register

Log every notice with its due date, owner and evidence of compliance, and diarise review deadlines.

Close Out With Evidence

Send the regulator photos, records and updated procedures showing what was done.

Example: Notices in Practice

During a visit to a metal fabrication shop, an inspector sees a worker using a press brake with the light curtain disabled. The inspector gives an oral prohibition direction on the spot and confirms it in writing that afternoon. The inspector also issues an improvement notice about missing pre-start checks, with a compliance date three weeks away. The shop repairs the light curtain, displays both notices and sends evidence to the regulator.

Related regulations: WHS inspector powers, WHS notifiable incidents, WHS HSRs and safety committees.

Note: This summary is based on the model WHS Act published by Safe Work Australia. Model laws only take effect once a jurisdiction enacts them, and each jurisdiction's WHS Act can differ in wording, section numbers and penalties. Victoria has not adopted the model WHS laws and has its own OHS Act. Always check the legislation and regulator guidance that apply where you work.

Frequently Asked Questions

Does a prohibition notice have to be in writing?

It can be given orally first, but it must be confirmed in writing as soon as practicable. An oral direction must be complied with.

How long does a non-disturbance notice last?

Up to 7 days, although further notices can be issued if the inspector considers it necessary.

Do I have to follow an inspector's recommendations?

No. Recommendations in a notice are not binding, but the notice itself and any directions in it must be complied with.