Quick answer: An improvement notice requires you to fix a WHS breach by a deadline, while a prohibition notice stops unsafe work immediately. Treat both as urgent legal documents and respond in writing with evidence of the fix.
Last reviewed: March 2026 by the BlueSafe Technical Team. Reflects current Australian WHS laws and regulations.
When a regulator issues a notice, the business usually already has a compliance gap that needs attention. The right response is practical, fast, and documented. A good response plan also reduces the chance of repeat notices and helps officers show due diligence.
What are the four common WHS notice types?
The WHS regime uses notices to drive compliance and stop unsafe work. The exact labels and procedures can vary slightly by jurisdiction, but the practical purpose is the same: make the hazard safe, prove the fix, and keep a record.
| Notice type | When it is used | Immediate effect | Typical response |
|---|---|---|---|
| Improvement notice | A breach of WHS law has been identified | The business can keep working while fixing the issue | Correct the breach, keep evidence, and confirm completion |
| Prohibition notice | An activity poses immediate or imminent serious risk | The activity must stop | Stop work, control the risk, and get clearance before restarting |
| Non-disturbance notice | A site or item must be preserved | Work around the area is restricted | Preserve the scene and comply with inspector directions |
| Hazard notice or equivalent local notice | A local regulator form is used to record a hazard | Usually advisory or corrective | Review the issue and document the action taken |
What should you do first after receiving a notice?
- Read the notice carefully and identify the exact breach or risk.
- Confirm whether the notice applies to the whole site, a task, a plant item, or a specific area.
- Assign an accountable person and a deadline.
- Preserve evidence, including photos, SWMS, training records, inspection logs, and any maintenance reports.
- Start the fix immediately and keep a written action log.
How do improvement notices differ from prohibition notices?
An improvement notice is about compliance. A prohibition notice is about immediate danger. That distinction matters because a prohibition notice can make a project stop in place, while an improvement notice usually lets the work continue if the risk can be managed.
| Feature | Improvement notice | Prohibition notice |
|---|---|---|
| Trigger | Breach of WHS duty | Immediate or imminent serious risk |
| Work status | Can often continue | Must stop |
| Priority | High | Highest |
| Evidence needed | Proof the breach was fixed | Proof the dangerous activity is controlled |
| Risk if ignored | Separate offence and escalating enforcement | Separate offence and possible prosecution |
What does a good response look like?
A strong response is specific, dated, and traceable. It should say what the inspector found, what control measure changed, who made the change, and how you verified it worked. For example, if an access issue triggered the notice, the response should include the corrected access method, the updated SWMS, and supervisor sign-off.
The response should also explain how the business will stop the issue recurring. That can include:
- updating the SWMS or safe work procedure
- retraining workers and supervisors
- changing supervision or permits
- adding inspections, maintenance, or pre-start checks
- assigning an owner for ongoing monitoring
Can you challenge a notice?
Yes, but do not treat a challenge as a reason to delay action. In practice, businesses often do both: they fix the immediate risk and then seek review if they genuinely believe the notice was issued incorrectly. If you want a review, keep the notice, the inspection notes, photos, and any witness evidence together in one file.
How should officers manage a notice?
Officers should treat a notice as a board-level compliance event. The important question is not only "what did the inspector say?" but also "what system failed?" If the notice relates to a recurring issue, the business may need a broader fix, not just a one-off correction.
What records should be kept?
Keep the original notice, your response, photos, correspondence, evidence of corrective action, and the close-out confirmation. Those records are useful for future inspections, insurance claims, and internal audits. They also show that the business took the matter seriously.
State and territory variations
Improvement and prohibition notices are issued under each jurisdiction's WHS or OHS framework, and the review process differs across states and territories.
| Jurisdiction | Regulator | Key notes |
|---|---|---|
| NSW | SafeWork NSW | Review pathways are available for most notices |
| VIC | WorkSafe Victoria | Uses the OHS Act framework |
| QLD | Workplace Health and Safety Queensland | Notice types and review rights are similar to the model laws |
| SA | SafeWork SA | Improvement and prohibition notices are common enforcement tools |
| WA | WorkSafe Western Australia | Inspectors can direct immediate risk control |
| TAS | WorkSafe Tasmania | Review rights depend on notice type |
| ACT | WorkSafe ACT | Keep written evidence of any response |
| NT | NT WorkSafe | Local review steps may differ slightly |
Always verify current requirements with your state or territory regulator, as local rules may differ.
Related guides
- WHS Record Keeping Requirements
- WHS Act, Regulations and Codes of Practice
- How to Investigate a Workplace Incident
Frequently asked questions
What is a WHS improvement notice?
A WHS improvement notice tells a business to correct a breach of WHS law by a specified date. It is usually about fixing compliance rather than stopping work entirely.
What is a WHS prohibition notice?
A WHS prohibition notice stops unsafe work immediately because the inspector believes there is an immediate or imminent serious risk. The work cannot restart until the risk has been controlled.
Can I appeal a WHS improvement or prohibition notice?
Yes. You can usually seek an internal review or a tribunal review, depending on the jurisdiction. You should still begin compliance work straight away unless the notice is formally varied or set aside.
What happens if I ignore a WHS notice?
Ignoring a notice can lead to a separate offence and stronger enforcement action. The inspector will also treat non-compliance as a sign that the business does not take safety obligations seriously.
Get the right documents for your business
A notice usually means the business needs stronger systems, better records, or a clearer action tracker. BlueSafe templates can help you close the gap and document the fix.