Review of regulator or inspector decisions
An internal review allows an eligible person to seek a formal review of a decision made by:
- a WHS inspector in relation to a mine or petroleum sites
- the WHS regulator in relation to a mine or petroleum sites (or his or her delegate).
For the purpose of requesting a review of a decision concerning work health and safety at a mine or petroleum site, the regulator is the Secretary of the NSW Department of Planning and Environment.
Examples of decisions that can be reviewed include a decision to:
- refuse to grant a licence, certificate of competence or an exemption
- issue an improvement notice or prohibition notice.
Internal review is designed to be a quick, transparent and consistent review process that promotes accountability and is independent of the original decision maker.
The internal review may confirm the original decision, overturn or modify in some way the original decision. The right to internal review is established in the work health and safety legislation. The service is free.
Read the guide (PDF, 470.37 KB) for further information on:
- what decisions can be reviewed
- the principles of internal review
- how internal reviewers will conduct reviews and make their decisions.
To apply for a review of a decision, complete the form:
Decisions made by SafeWork NSW or a SafeWork NSW Inspector
If the decision was made by SafeWork NSW or a SafeWork NSW Inspector, the application must be made on the SafeWork NSW approved form and lodged with SafeWork NSW. The relevant form and guide are available on the SafeWork NSW website.
External review of decisions
A person who is dissatisfied with the decision from an internal review, may also apply for external review of that decision to the appropriate external body for that decision – either the Industrial Relations Commission or the Civil and Administrative Tribunal.
Some decisions made under WHS laws that are not open to internal review may be subject to external review. An external review of relevant decision made under the WHS Act is conducted by the Industrial Relations Commission, on application by an eligible person.
See the Application for internal review of certain WHS decisions in relation to mines or petroleum sites (PDF, 470.37 KB) guide for more information.