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Issuing of Provisional Improvement Notices (PINS)

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Requirements for the issuing of notices

WHS Act s209

The WHS Act stipulates requirements for all notices issued under the WHS Act. This includes issuingof PINs and permit to entry notices:

Key requirements include:
  • By leaving it for the person at the workplace to which the notice relates with a person who appears to be the manager or control of the workplace; or 
  • In a prescribed manner.

Requirements for training for HSRs before being permitted to issue

WHS Act s90

A health and safety representative cannot issue a provisional improvement notice unless therepresentative has:

  • Completed initial training prescribed by the regulations, a course that the health and safety representative is entitled under the regulations to attend; or 
  • Previously completed that training when acting as a health and safety representative for another work group; or 
  • Completed training equivalent to that training under a corresponding WHS law.

Provisional improvement notice may give directions to remedy contravention

WHS Act s93

A PIN may include directions concerning the measures to be taken to:
  • Remedy or prevent the likely contravention or 
  • The matters or activities causing the contravention or likely  contravention to which the notice relates.
A direction included in a provisional improvement notice may:
  • Refer to a code of practice; and 
  • Offer the person to whom it is issued a choice of ways in which to remedy the contravention.

Request for review of provisional improvement notice

WHS Act s100

Within 7 days after PIN is issued to a person:

  • The person to whom it was issued; or 
  • If the person is a worker, the PCBU at the workplace at which the worker carries out work, may ask the regulator to appoint an inspector to review the notice.
If such a request is made, the operation of the PIN is stayed until the inspector makes a decision on the review.
Acknowledgement: Sourced from materials provided under the WorkCover Assist Program

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