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ARTICLE · 08 DECEMBER 2021

Can you challenge an improvement notice?

Holding Redlich
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Recent case reminds us that businesses can challenge improvement or prohibition notices in some cases.

AustraliaEmployment and HR
Michael Selinger
Michael Selinger
Declan Johnston
Declan Johnston
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In Australia, safety inspectors can only issue an improvement notice - requiring a person to take positive steps to address an identified breach - if the inspector has a reasonable belief that there is a present contravention of work health and safety (WHS) law or, that the person has contravened WHS law in circumstances that make it likely that the contravention will continue or be repeated.

The NSW Industrial Relations Commission (Commission) was required to consider and determine if a SafeWork inspector genuinely had "reasonable belief" in Lipman Pty Ltd v SafeWork NSW [2021] NSWIRComm 1088 when a principal contractor appealed a refusal by SafeWork NSW to withdraw an improvement notice.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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