Improvement Notices vs Prohibition Notices: What's the Difference?

Improvement notice vs prohibition notice: what's the difference?

An improvement notice (issued under section 111 of the OHS Act 2004 (Vic)) gives an employer a set period to fix a safety breach that doesn't involve an immediate risk. A prohibition notice (section 112) is issued when an inspector believes an activity poses an immediate risk to health or safety, and it stops that activity on the spot until the risk is fixed. Both come from a WorkSafe inspector, not an HSR, and both carry the same penalty if ignored.

I've walked plenty of manufacturers through both. The panic response is usually the same regardless of which notice lands on the desk — but the two are triggered by different levels of urgency, and knowing which one you're dealing with changes what you do next.

What triggers an improvement notice?

An inspector issues an improvement notice when they reasonably believe a person is contravening the OHS Act 2004 or the OHS Regulations 2017 — or has done so in circumstances that make it likely the contravention will continue or be repeated. It's the tool inspectors reach for when an activity doesn't involve an immediate risk but still needs correcting: think missing risk assessments, inadequate guarding documentation, or gaps in your consultation processes.

The notice sets a compliance date. You get time to fix the issue properly rather than being forced to down tools immediately.

What triggers a prohibition notice?

A prohibition notice is the inspector's response to an immediate risk to health or safety. If they believe the nature and degree of the risk warrant it, the activity must stop right away — and it can't restart until the risk identified in the notice has been remedied and an inspector is satisfied (or certifies) that it has.

Where an improvement notice says "fix this by a date," a prohibition notice says "stop now."

Improvement notice vs prohibition notice at a glance

	Improvement notice	Prohibition notice
OHS Act 2004 (Vic) section	Section 111	Section 112
Issued by	WorkSafe inspector	WorkSafe inspector
Trigger	Contravention without immediate risk	Immediate risk to health or safety
Effect	Fix the issue by a set date	Stop the activity immediately
When work can resume	Activity can continue while you comply	Only once the risk is remedied and confirmed
Penalty for non-compliance	Same as prohibition notice	Same as improvement notice

Can you dispute a notice?

Yes. Most inspector decisions — including issuing an improvement notice, issuing a prohibition notice, or certifying that a contravention has been fixed — are "reviewable decisions" under section 127 of the OHS Act 2004. An eligible person (typically the employer, an affected employee, or a relevant HSR) can apply to WorkSafe's Internal Review Unit (IRU) within 14 days of becoming aware of the decision.

The IRU generally completes reviews within 14 days, though reviews of a prohibition notice itself, or of a decision to certify (or not certify) that a risk or contravention has been remedied, are meant to be decided within 7 days. If you're not satisfied with the IRU's outcome, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) within 14 days of that decision.

You can also ask the IRU to stay the original decision while the review is under way — they must decide on a stay request within 24 hours.

Where does a PIN fit in?

A provisional improvement notice (PIN) is a different instrument again — issued by a health and safety representative, not an inspector, under section 60 of the Act. If a PIN isn't complied with, the HSR can call in a WorkSafe inspector, who can then affirm, modify or cancel it. So a PIN can indirectly lead to an inspector getting involved, but it's not the same notice as an improvement or prohibition notice.

What this means day to day

Whichever notice you receive, the underlying message is the same: something in your systems needs attention. The manufacturers who handle this best usually already have a safety manager or practitioner they can call the moment a notice lands, rather than scrambling to interpret legislation under pressure. If your business doesn't have that kind of support in place yet, it's worth having someone independent book a site assessment to pressure-test your plant, guarding and documentation before an inspector does it for you.

FAQ

Which is more serious — an improvement notice or a prohibition notice? A prohibition notice generally reflects a more urgent situation because it responds to an immediate risk and stops the activity straight away. An improvement notice addresses a contravention that doesn't pose that immediate risk, giving you time to fix it. Both carry the same penalty if you don't comply.

Can I keep operating while an improvement notice is in effect? Generally yes — an improvement notice sets a date to fix the issue rather than requiring you to stop the activity, unlike a prohibition notice, which requires an immediate stop.

How do I challenge a notice I disagree with? Apply to WorkSafe's Internal Review Unit within 14 days of becoming aware of the decision. If you're still not satisfied after that review, you can apply to VCAT within 14 days of the IRU's decision.

This article is general information for Victorian manufacturers, not legal advice. Last updated: 10 August 2026.