Internal & VCAT Review Of Inspectors' Decisions
Internal Review of Inspectors’ decisions
Under the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, and the Accident Compensation Act 1985an eligible person can ask WorkSafe to review a range of decisions made by its inspectors. Such decisions are referred to as “reviewable decisions” and include refusal to make a reviewable decision. Internal Review of such decisions is a prerequisite to seeking external review.
The review function is managed by the Internal Review Unit (“IRU”) which is designed to provide an accessible, timely and transparent decision making process. Internal review is also intended to improve WorkSafe's decision making processes and provide stakeholders with greater confidence in its decisions.
For further information download the following documents:
Occupational Health and Safety Inspector Decisions
- Internal Review of OHS Inspector Decisions Factsheet
- Application form for internal review of OHS inspector decision
Return to Work Inspector Decisions
- Internal Review of RTW Inspector Decisions Factsheet
- Application form for internal review of RTW Inspector decision
Licensing Decisions
The IRU uses “Guidance Principles” to promote transparency and consistency in its decision making.
Download the following Guidance Principles:
- Considering and deciding internal review applications
- Late applications
- Considering requests for a stay of the operation of a reviewable decision
- Deciding whether to extend the compliance date on an improvement notice
- Reasons for decision - explaining the outcome on a review application
Internal review applications can be hand delivered between 8.00 am and 5.00 pm Monday to Friday to the Internal Review Unit, Level 18/460 Lonsdale Street Melbourne, lodged by fax or email (see below), or mailed to:
Internal Review Unit
WorkSafe Victoria
GPO Box 4306
Melbourne VIC 3001
You can contact the Internal Review Unit by:
Telephone: (03) 8663 5450
Fax: (03) 8663 5451
Email: internalreviewunit@worksafe.vic.gov.au
Internal review statistics
You can view statistics about the numbers, types and outcomes of internal review applications:
Download the latest review statistics
External Review of WorkSafe's decisions BY THE Victorian Civil & Administrative Tribunal (VCAT)
Once IRU has made a decision on an internal review application if you are an eligible person and disagree with that decision (or the IRU failed to make a decision in the statutory time frame) you have a right to apply to the Victorian Civil & Administrative Tribunal (“VCAT”) for external review. Usually, an application to VCAT must be made within 14 days from the date you become aware of the review decision.
There are also a number of other reviewable decisions of the Authority which cannot be internally reviewed, but which are reviewable by VCAT. You can find more information about VCAT and its role on its website:
Victorian Civil & Administrative Tribunal (VCAT).
Other WorkSafe matters and activities
The IRU only looks only at specific inspector decisions - it does not deal with complaints about conduct of inspectors or other staff or broader health or safety issues or return to work issues.
If you want to contact WorkSafe Victoria about matters other than internal review of an inspector’s decision:
- for occupational health and safety matters you can contact the Executive Director WorkSafe Victoria, WorkSafe Victoria, GPO Box 4306 Melbourne 3001, by fax 9641 1711 or e-mail to executivedirector@worksafe.vic.gov.au
- for return to work matters, you can contact the Director, Return to Work Division, Injury Support & Service, WorkSafe Victoria, GPO Box 4306 Melbourne 3001, by fax 9641 1772 or e-mail to rtw_director@worksafe.vic.gov.au
WorkSafe is a trading name of the Victorian WorkCover Authority
