A step-by-step guide to responding, complying, and if necessary, challenging a notice
Receiving an improvement notice from a WorkSafe inspector is not a fine and it’s not a prosecution. It’s a formal direction to fix a specific problem within a set timeframe. But it is a legal instrument, and failing to comply with it is itself an indictable offence on top of the original breach.
This post explains what an improvement notice is, what your obligations are, and exactly how to respond.
What is an improvement notice?
Under section 111 of the OHS Act 2004, a WorkSafe inspector can issue an improvement notice when they reasonably believe that a person:
• Is contravening the OHS Act or Regulations, or
• Has contravened the OHS Act or Regulations in circumstances that make it likely the contravention will continue or be repeated
The notice will identify the specific provision being contravened, describe the contravention, and set a deadline for compliance.
The notice may also include directions about how to remedy the contravention. However, the compliance action listed in the notice is not prescriptive. As the duty holder, you are expected to determine what control is reasonably practicable (SFAIRP), not just follow the example given. You may choose a different approach, provided it effectively addresses the identified risk.
What to do immediately
Read the notice carefully. Identify exactly which regulation or section of the OHS Act is cited, what the inspector says you are doing wrong, and the compliance deadline.
Talk to the inspector. Before the inspector leaves, ask questions. Ask them to explain the risk they’ve identified, what they observed, and what they would consider adequate compliance. Inspectors will generally be forthcoming as they want the issue fixed, not litigated.
Note the review rights. The inspector is required to explain your right to request a review by WorkSafe’s Internal Review Unit (IRU). Note the timeframe for requesting a review as it must be lodged within strict statutory deadlines.
Don’t panic, but don’t sit on it. You have a defined period to comply, and every day you spend deciding what to do is a day closer to the deadline. Start working on the issue immediately.
How to respond to the notice
Step 1: Understand the risk
The notice identifies a contravention, but your job is to understand the underlying risk. What hazard has the inspector identified? What is the likelihood and consequence of harm? Who is exposed?
If the notice relates to a psychosocial hazard (for example, a contravention of regulations14, 15, or 16 of the Psychological Health Regulations 2025), you need to understand which hazard category is at issue and what evidence supports the finding.
Step 2: Consult your workers
The OHS Act requires you to consult with employees about decisions relating to health and safety. Responding to an improvement notice is one of those decisions. Speak with affected workers, HSRs, and supervisors about what is happening, what the risks are, and what controls are appropriate.
This is not just a legal requirement, it’s a practical way to find a solution. Workers will often have the best insight into what’s actually causing the problem and what solutions will work.
Step 3: Determine your controls
Using the hierarchy of control, determine what control measures are reasonably practicable. For psychosocial hazards, this means:
1. Can you eliminate the hazard?
2. If not, can you reduce the risk by altering the management of work, plant, systems of work, work design, or the workplace environment?
3. Is information, instruction, or training needed as a supplementary measure?
Document your reasoning. Why did you choose the controls you chose? Why are higher-order controls not reasonably practicable (if they aren’t)? This documentation is your evidence of compliance.
Step 4: Implement the controls
Do the work. Make the changes. If the controls involve purchasing equipment, changing rosters, revising procedures, or training staff, start immediately and track your progress.
Step 5: Notify WorkSafe of compliance
Before the deadline, notify WorkSafe that you have complied with the notice. Provide evidence of what you’ve done including the risk assessment, the controls implemented, training records, revised procedures, photographs, whatever demonstrates the issue has been addressed.
Can I get an extension?
Yes, but you must request it before the original deadline, not after. You’ll need to show evidence of the work you’ve already done and provide a credible reason for the delay. Acting early and demonstrating good faith substantially improves your chances.
Can I challenge the notice?
Yes. You can apply to WorkSafe’s Internal Review Unit (IRU) for are view of the notice. The IRU operates independently from the inspectorate and applies an objective process to determine whether the notice was properly issued.
Grounds for challenging a notice include:
• The cited regulation does not apply to your circumstances
• The inspector’s belief did not meet the “reasonable grounds” threshold
• The required control is not reasonably practicable
The application must be lodged within the statutory timeframe. If the review is unsuccessful, you can appeal to VCAT.
Challenging a notice does not suspend your obligation to comply with it unless the IRU or the court specifically orders otherwise. This means you should continue working on compliance while the review is underway.
What happens if I don’t comply?
Failure to comply with an improvement notice is an indictable offence under the OHS Act. This is a separate offence from the original contravention, meaning you can be prosecuted for both the underlying breach and the failure to comply with the notice.
The penalties are significant. Do not ignore an improvement notice.
Key takeaway
An improvement notice is an opportunity, not a crisis. WorkSafe has identified a risk and given you a defined period to address it. The vast majority of notices are closed out without prosecution. Read it carefully, understand the risk, consult your workers, implement controls that are reasonably practicable, document everything, and meet the deadline.