How do I challenge a WHS notice or other WHS regulator decision?

You almost always apply to the regulator for an internal review first, generally within 14 days of getting the decision (Part 12 of the WHS Act; for an improvement notice the window is the lesser of the compliance period or 14 days). If the reviewer does not decide within 14 days the original decision is taken to be confirmed. If you are still unhappy, you apply for an external review to the body for your jurisdiction: the Industrial Relations Commission of NSW; the Queensland Industrial Relations Commission (QIRC); VCAT in Victoria; the WHS Tribunal constituted by the WA Industrial Relations Commission; the Tasmanian Civil and Administrative Tribunal (TASCAT); the Northern Territory Civil and Administrative Tribunal (NTCAT); the relevant SA or ACT tribunal; or the Administrative Review Tribunal (ART) for Commonwealth (Comcare) matters.

How do I appeal a rejected workers' compensation claim?

There is a first step before any tribunal, and workers' compensation is not harmonised, so it differs by state. In NSW you ask the insurer for an internal review, then the dispute goes to the Personal Injury Commission (PIC). In Victoria you request conciliation at the Workplace Injury Commission, then a court after a Genuine Dispute Certificate. In Queensland you apply to the Workers' Compensation Regulator for a review, then appeal to the Queensland Industrial Relations Commission (QIRC). In South Australia you lodge with the South Australian Employment Tribunal (SAET). In WA you go to conciliation then arbitration at WorkCover WA. In the ACT you go to mandatory conciliation then arbitration. In the NT you go to mediation through NT WorkSafe then the Work Health Court. Under the Commonwealth Comcare scheme you ask for a reconsideration, then apply to the Administrative Review Tribunal (ART). Read your decision letter — it sets out your appeal rights and deadline.

Is there an internal review before I can go to a tribunal?

Usually yes. For WHS regulator decisions you generally must apply to the regulator for an internal review (within 14 days) before you can seek an external review. For workers' compensation, most schemes require a first step before any tribunal or court — an insurer internal review (NSW), a reconsideration (Comcare), or conciliation or mediation (Victoria, WA, ACT, NT). South Australia is an exception where you lodge directly with the South Australian Employment Tribunal. Always check what your decision letter says about the first step.

What is the deadline to seek a review?

For WHS regulator decisions the internal-review window is generally 14 days. For workers' compensation the deadlines vary and are often short and strict: Queensland gives 3 months for a Regulator review then only 20 business days to appeal to the QIRC; South Australia about 1 month to the SAET; Victoria about 60 days to request conciliation; WA about 28 days from a conciliation certificate to arbitration; the NT about 90 days to request mediation then about 28 days to the Work Health Court; the Commonwealth 30 days for a reconsideration then 60 days to the ART. NSW and the ACT do not set one clean numeric cut-off but you should not delay. Always rely on the deadline stated in your own decision letter, not a general figure.

Where does my review go in my state?

The external body depends on the decision type and your jurisdiction. WHS regulator decisions: NSW — Industrial Relations Commission of NSW; QLD — Queensland Industrial Relations Commission (QIRC); VIC — VCAT; Commonwealth — Administrative Review Tribunal (ART); WA, TAS, NT and the SA and ACT tribunals for those states. Workers' compensation decisions: NSW — Personal Injury Commission (PIC); VIC — Workplace Injury Commission conciliation then a court; QLD — QIRC; SA — South Australian Employment Tribunal (SAET); WA — WorkCover WA conciliation then arbitration; TAS — the Workers Rehabilitation and Compensation Tribunal stream of TASCAT; ACT — conciliation then arbitration; NT — Work Health Court; Commonwealth — the Administrative Review Tribunal (ART). This tool routes by your decision type and state.

Review a WHS or Workers Comp Decision — Where to Go

Find how to seek internal and external review of a WHS regulator or workers compensation decision in your state — the internal step, the external body, and the deadline.

Last verified: 21 June 2026

If a WHS regulator decision or a workers' compensation claim decision went against you, you can usually have it reviewed. There is almost always an internal review (reconsideration or conciliation) first, then an external review by a tribunal or court — but the body and the deadline differ by decision type and by state. Pick the kind of decision and your state to see the path, with the broad timeframe and the regulator to call.

Review a decision — find the internal step then the external body

If a WHS regulator decision or a workers’ compensation claim decision went against you, you can usually have it reviewed — but there is almost always an internal review first, and the external body and deadline differ by decision type and by state. Pick the kind of decision and where you are to see the path. This is general information, not legal advice.

1. What kind of decision do you want reviewed?

2. Your state or territory

Choose the kind of decision above to see your internal review step, the external body for your state, and the broad timeframe.

Want more detail on your specific situation? If you received a notice, use the WHS Notice Responder. If your workers’ compensation claim was knocked back, use the Workers Comp Dispute & Appeal Navigator, or browse the Safety Hub for the full set of WHS tools.

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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.

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