Internal Review – the WHS Act
Certain decisions made by workplace health and safety inspectors and the workplace health and safety regulator fall under reviewable categories as per the Work Health and Safety Act 2011 (WHS Act).
These include decisions related to provisional improvement notices (PINs) issued by health and safety representatives, forfeiture and return of goods, issuance of improvement, prohibition, or non-disturbance notices, variations or cancellations of notices, extensions of time to comply with improvement notices, training of health and safety representatives, work groups, and health and safety committees.
For internal review, eligible individuals can apply to Workplace Health and Safety Queensland (WHSQ) within 14 calendar days of the decision being noticed. A decision to issue an improvement notice requires application within the time stated in the notice or 14 calendar days, whichever is shorter. WHSQ appoints a person independent of the original decision-maker for the review, who can either confirm, vary, or substitute the original decision.
During the internal review, the reviewer may seek additional information, pausing the 14-day period until the applicant provides the required details. The reviewer must notify the applicant of the decision, reasons, and findings in writing.
The application for review initiates a stay on enforcing the original decision, except for prohibition notices or non-disturbance notices. The reviewer determines whether enforcement is necessary during the review, either on their initiative or upon the applicant's request.
For more detailed information, refer to the "Internal Review of Decision – Guide for Applicants."
External Review – the WHS Act
Eligible persons can apply for an external review of decisions made by the internal reviewer or the original regulator decision. The application must state grounds for review and relevant facts. External review applications must be made within specific timelines: 30 calendar days to the Queensland Industrial Relations Commission (QIRC) and 28 calendar days to the Queensland Civil and Administrative Tribunal (QCAT).
Possible outcomes from an external review by QCAT or QIRC include confirming or varying the original decision, setting aside the original decision and substituting another, or returning the matter to the decision-maker with appropriate directions.
Review of Decisions – the ES Act
Internal Review – the ES Act
Under the Electrical Safety Act 2002 (ES Act), individuals affected by an original decision can apply to the Electrical Safety Office (ESO) for an internal review. The application must be supported by sufficient information and submitted within 14 calendar days of receiving notice of the original decision.
For decisions involving the forfeiture of a thing, the application must be made within 28 days after receiving notice of the original decision. The reviewer, distinct from the original decision-maker, has 14 calendar days to confirm, vary, or substitute the original decision.
Similar to the WHS Act, the original decision cannot be enforced once an application for review is made, except for electrical safety protection notices (ESPN) or non-disturbance notices. The reviewer decides on enforcement during the review, and this decision is made within one working day of receiving the application.
External Review – the ES Act
An eligible person affected by a disciplinary decision, original regulator decision, or internal review decision may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an external review. The application must be made within 28 calendar days from the day of receiving or becoming aware of the original decision.
Possible outcomes from a QCAT review include confirming or varying the original decision, setting aside the original decision and substituting another, or returning the matter to the decision-maker with appropriate directions.
The Queensland Ombudsman also offers an avenue for external review where there is no right of review by QCAT or QIRC. Applications for review by the Queensland Ombudsman should be made within 12 months of receiving or becoming aware of the original decision. Outcomes from this review may include recommendations for rectification or improvements to agency policies and practices.