What is the difference between an improvement notice and a prohibition notice?

An improvement notice (s191-194 of the model Work Health and Safety Act) is a written direction from an inspector to fix a contravention by a compliance date the inspector sets; work continues in the meantime. A prohibition notice (s195-197) is issued where there is a serious risk from an immediate or imminent exposure to a hazard, and it takes effect immediately: you must stop the activity until the inspector is satisfied the risk has been remedied. Victoria's OHS Act 2004 numbers these differently: improvement notices s111, prohibition notices s112 and non-disturbance notices s110.

How long do I have to comply with a WHS notice?

An improvement notice must be complied with by the date the inspector sets in the notice. A prohibition notice has immediate effect, so you must stop the activity straight away and not resume until the inspector confirms you can. A non-disturbance notice runs for the period stated, which can be up to 7 days (s198-201). An infringement notice sets a date to pay or to elect to go to court.

Can I challenge a WHS notice?

Yes. You first apply to the regulator for an internal review, generally within 14 days of getting the notice (for an improvement notice it is the lesser of the compliance period or 14 days). Under s226 of the model WHS Act, if the reviewer does not make a decision within 14 days the original decision is taken to be confirmed. Under the model Act, applying for internal review of an improvement notice stays the notice until the review is decided (s228); a prohibition or non-disturbance notice keeps operating. If you are still unhappy you can apply for an external review to the body for your jurisdiction: the Industrial Relations Commission of NSW; the Queensland Industrial Relations Commission; the WHS Tribunal constituted by the WA Industrial Relations Commission; SAET, TASCAT, ACAT or NTCAT; the Administrative Review Tribunal (ART) for Commonwealth matters; or VCAT in Victoria.

Does paying a WHS infringement notice admit guilt?

No. An infringement notice is an on-the-spot fine offered as an alternative to prosecution. Paying it is not an admission of guilt and does not result in a criminal conviction; it simply ends the matter for that offence. Instead of paying, you can elect to have the matter heard in court, where you can defend it, although a court can impose a larger penalty if you are found guilty. The exact offences, amounts and process are set by each state or territory's own infringement legislation.

What happens if I ignore a WHS notice?

Failing to comply with an improvement, prohibition or non-disturbance notice is an offence and can lead to prosecution and significant penalties. Carrying on an activity in breach of a prohibition notice is treated very seriously. An unpaid, unchallenged infringement notice is generally enforced as an unpaid fine, with extra costs and enforcement action. Do not ignore a notice: read it, act on it, and get advice if you are unsure.

Received a WHS Notice? What to Do Next

Got an improvement, prohibition or infringement notice from the WHS regulator? See what it means, your deadline, and how to request a review by state.

Last verified: 21 June 2026Jump to calculator ↓

WHS inspectors can issue improvement, prohibition, non-disturbance and infringement notices, each with a different effect and deadline. This tool explains your notice, what you must do, and how to ask for an internal review (generally within 14 days) and then an external review to the right body for your state or territory.

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Received a WHS Notice? What to Do Next

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