The Model Work Health and Safety Act (Model Act) provides a variety of ways in which the obligations under the Act can be enforced, and displays a clear hierarchy of such enforcement measures. Part 10 of the Model Act provides for three forms of notice that can be issued by an inspector in order to direct compliance:

• improvement notices;

• prohibition notices; and

• non-disturbance notices.

These types of notices are not punitive measures, and can then therefore be distinguished from infringement notices (which are dealt with separately in the Infringement notices subtopic).

See Improvement notices, prohibition notices and non-disturbance notices: Introduction.

An “improvement notice” is a written direction requiring a person to fix a health and safety problem in the workplace, issued by an inspector under Div 1 of Pt 10 of the Model Act.

To issue an improvement notice, the inspector must:

• reasonably believe that a person is contravening a provision of the Act; or

• reasonably believe that a person has contravened a provision of the Act in circumstances that make it likely that the contravention will continue or be repeated.

It is an offence for a person to whom a notice has been issued not to comply with the notice before the time specified in the notice. Penalties for non-compliance are substantial: $50,000 in the case of an individual, and $250,000 in the case of a body corporate.

See Improvement notices.

A “prohibition notice” is a written direction that prohibits, at once, any activity where an inspector thinks someone may be at risk of serious harm, issued by an inspector under Div 2 of Pt 10 of the Model Act.

To issue a prohibition notice, the inspector must reasonably believe either that:

• if the activity is occurring — it involves or will involve a serious risk to the health and safety of a person emanating from an immediate or imminent exposure to a hazard; or

• if the activity is not occurring but may occur, and if it does — it will involve a serious risk to the health and safety of a person emanating from an immediate or imminent exposure to a hazard.

The inspector may issue a prohibition notice to a person who has control over the relevant activity. A direction to stop the activity may also be given orally at first, but must be confirmed by a written prohibition notice issued to that person.

The prohibition lasts until an inspector is satisfied that the matters identified as giving rise to a serious risk to health or safety have been remedied.

It is an offence for a person to whom a direction is given or a person to whom a prohibition notice has been issued not to comply with the direction or notice. Penalties for non-compliance are substantial: $100,000 in the case of an individual, and $500,000 in the case of a body corporate.

See Prohibition notices.

A “non-disturbance notice” is a written direction by an inspector to allow the inspector to carry out his or her role under the Model Act by preventing changes at a site. These notices are issued under Div 3 of Pt 10 of the Model Act.

Before issuing a non-disturbance notice, the inspector must form a reasonably held belief that it is necessary to do so to facilitate the exercise of his or her compliance powers.

Non-disturbance notices impose requirements on a person who has “management or control” of a “workplace”. It can require such a person, for a specified period of not more than seven days, to:

• preserve a site at which a notifiable incident has occurred; or

• prevent the disturbance of a site (which includes operation of plant) in other circumstances where needed by the inspector.

However, there are certain types of action that a non-disturbance notice does not prevent.

If considered necessary, an inspector may issue subsequent non-disturbance notices.

It is an offence for a person to whom a non-disturbance notice is issued not to comply with the notice without reasonable excuse. Penalties for non-compliance are substantial: $50,000 in the case of an individual, and $250,000 in the case of a body corporate.

See Non-disturbance notices.

Part 10 Div 4 of the Model Act sets out some general provisions applying to improvement notices, prohibition notices and non-disturbance notices.

See General requirement relating to notices.

Where a person to whom a notice has been issued fails to comply with a prohibition notice, Div 5 of Pt 10 of the Model Act allows the regulator to take reasonable remedial action to make the workplace safe.

Remedial notices can be issued in two situations, under two separate provisions:

• firstly, where a person to whom a prohibition notice has been issued fails to take reasonable steps to comply with the notice (s 211); or

• secondly, if the regulator reasonably believes that:

The remedial work able to be carried out by the regulator is not unlimited. Under s 211, it is limited to work the regulator believes is reasonable to make the workplace safe, and under s 212 it is limited to work that is necessary to make the workplace safe.

See Remedial action in relation to prohibition notices.

Division 6 of Pt 10 of the Model Act allows the regulator to apply to a court for an injunction to either compel compliance with a notice or to prevent a person from contravening an improvement, prohibition or non-disturbance notice.

The regulator can take this action whether or not proceedings have been brought for an offence in connection with the matter in relation to which the notice was issued, and whether or not any period for compliance with the notice has expired.

See Injunctions.