Apply to review a work health and safety decision
You can ask for a review of a Comcare work health and safety decision.
If you want to ask for a review of a determination on your claim for compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), see Applying for a reconsideration of a determination.
Internal reviews explained
Eligibility
Work health and safety decisions which are reviewable are specified by:
- Internal Review of a Decisions—part 12 of the Work Health and Safety Act 2011 (WHS Act)
- Which Decisions Under these Regulations are Reviewable—regulation 676 of the Work Health and Safety Regulations 2011 (WHS Regulations).
Examples of reviewable decisions are:
- decision to issue an improvement notice
- decision to cancel a provisional improvement notice
- decision to cancel a work health and safety licence.
Only an eligible person may apply for the review of a reviewable decision.
For more detailed information regarding the internal review process, including which decisions are reviewable and who can apply, see the Guidance for Applicants - internal review of decisions (PDF, 122.7 KB).
Cost of an internal review
The internal review service is free however you will need to cover any costs if you choose to ask a solicitor or another person to help you prepare your application for internal review.
How to apply for an internal review
Applications for internal review of work health and safety decisions usually need to be submitted within 14 days of receiving the initial decision.
If you need more time to submit, call the feedback team at Comcare on 1300 366 979.
Submit the Internal Review of a Work Health and Safety Decision application form (PDF, 172.8 KB) to Comcare:
- email to statutory.oversight@comcare.gov.au
- mail to Comcare, GPO Box 1993, Canberra ACT 2601.
After we receive your application, we let you know about the progress and outcome of your application for review.
If you want to make a complaint about Comcare’s regulation of the Work Health and Safety Act 2011 (WHS Act), see Provide feedback for more information about the ways to do this and the process.
If you don’t agree with the internal review
Under the WHS Act, you can ask for a further level of review through the Fair Work Commission or the Administrative Appeals Tribunal.
For more information see Guidance for Applicants - External review of decisions (PDF, 154.9 KB).
If you are still dissatisfied with the outcome you may raise your complaint with the Commonwealth Ombudsman.
