What is the WHS issue resolution procedure?

Under the model Work Health and Safety Act 2011 (s80), where a work health and safety issue arises and is not resolved, the parties must make reasonable efforts to resolve it in a timely, final and effective way. The parties are the person conducting the business or undertaking (PCBU) or their representative, and the affected workers and any health and safety representative who represents them. If the workplace has an agreed issue resolution procedure, the parties follow it; if not, the default procedure in reg 23 of the model WHS Regulations applies.

What happens if we have no agreed issue resolution procedure?

If there is no agreed procedure, the default procedure in reg 23 of the model WHS Regulations applies. Each party is informed who the other parties are, the issue is discussed, and the parties make reasonable efforts to resolve it considering the degree and immediacy of the risk and the number of workers affected. Once resolved, the details are set out in writing if any party requests it. If it can't be resolved, any party can ask the regulator to appoint an inspector.

What can we do if we can't agree on how to resolve a safety issue?

If reasonable efforts do not resolve the issue, any party to the issue may ask the WHS regulator to appoint an inspector to attend the workplace and assist (s82 of the model WHS Act). The inspector can exercise their compliance powers, but asking for an inspector does not by itself decide the issue, and the parties can keep trying to resolve it.

Can I stop work while a safety issue is being resolved?

Ceasing work is a separate path from issue resolution. A worker may cease, or refuse to carry out, work if they have a reasonable concern that doing it would expose them to a serious risk from an immediate or imminent hazard (s84 of the model WHS Act), and a health and safety representative can direct work to cease in those circumstances (s85). Make the area safe first, then run the issue resolution process.

Does the issue resolution process differ in Victoria?

Yes. Victoria is not a model WHS jurisdiction. Issue resolution in Victoria runs under the Occupational Health and Safety Act 2004 (Vic), which has its own resolution procedure and lets a party ask WorkSafe Victoria to send an inspector if the issue can't be resolved. Western Australia adopted the model WHS Act 2020 but check the WA regulations. Confirm the procedure that applies in your jurisdiction.

WHS Issue Resolution Navigator — Steps to Resolve a Safety Issue

Work through a health and safety issue step by step using the default WHS procedure when there is no agreed process.

Last verified: 21 June 2026

When a work health and safety issue isn't resolved, the parties must make reasonable efforts to sort it out (s80 of the model WHS Act). If there's no agreed procedure, the default in reg 23 applies. This navigator shows your next step, who must be involved, how to record the outcome, and how to ask the regulator for an inspector if it stays unresolved.

Resolve a work health and safety issue, step by step

Answer three questions to see your next step, who must be involved, how to record the outcome, and how to escalate to your regulator if the issue can't be resolved. This is general information about the model WHS issue resolution process.

1. Does your workplace have an agreed issue resolution procedure?

An agreed procedure can sit in a policy, an enterprise agreement, or a consultation arrangement. If there is none, the default procedure in reg 23 of the model WHS Regulations applies.

2. Where are the parties up to?

3. Is there a serious and immediate risk to health or safety right now?

Yes — there is an immediate or imminent hazard that could seriously hurt someone.

Answer questions 1 and 2 above to see your next step.

For more workplace safety tools, see the Safety Hub.

Get notified when rates change

Free alerts when minimum wage, award rates, or workplace laws are updated.

Free forever. No spam. Unsubscribe anytime.

FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

Recommended partners

Free tools surface the issue. Our partners help you solve it.

Authorised Employment Hero Partner

Employment Hero

Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.

Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.

See Employment Hero

Law Tram — lawyer matching

Law Tram

Matched with the right Australian lawyer for your situation — unfair dismissal, underpayment, workplace injury, debt, tenancy and more. Many lawyers offer a free first consult and no-win-no-fee arrangements.

Best for: anyone whose workplace or personal legal issue needs proper advice, not just a calculator.

Find a lawyer

IT, Microsoft & cyber partner

Frontrow Tech

Microsoft 365, Copilot rollouts, Essential Eight, Privacy Act 2026 and board-level cyber compliance for Australian SMBs. Where pay and HR end, your data and IT obligations begin.

Best for: SMBs running on Microsoft 365, anyone hitting cyber/privacy compliance, boards wanting an outside read on IT risk.

See Frontrow

Affiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.