Internal & VCAT Review of Inspectors' Decisions

Internal Review of Inspectors’ decisions

Under the Occupational Health and Safety Act 2004, the Dangerous Goods Act 1985 and the Equipment (Public Safety) Act 1994, an eligible person can ask the Authority 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 the Authority’s decision making processes and provide stakeholders with greater confidence in its decisions. Download the following documents:

•   General Information about the internal review process
•   Guide to completing the internal review application form 
•   Application form for internal review of inspectors decision

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?
• Determining whether to accept an internal review more than 14 days after the decision came to the notice of the person seeking review
• Determining whether to extend the compliance date on an Improvement Notice
• Determining whether to grant a stay of the operation of a reviewable decision pending the outcome of an internal review
• Written reasons for decision on internal review applications

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 authorty 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.
If you want to contact WorkSafe Victoria about matters other than internal review of an inspector’s decision 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.