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A Prohibition Notice is a written direction stopping any activity that involves or is likely to involve an immediate risk to the health and safety of any person. If you receive a Prohibition Notice you are responsible to ensure that no-one on your site does the activity referred to in the Notice.
An inspector may issue a Prohibition Notice if they believe that an activity you are undertaking or equipment you are using is an immediate risk to the safety of any person. For example, using a scaffold that has components from different scaffolding systems.
Before the inspector issues you with a Prohibition Notice he or she should talk to you about the suspected breach and seek immediate voluntary compliance to remedy the problem or the matters or activities causing it, such as stopping the immediate and future use of the scaffold and contacting the supplier to fix the problem.
A Prohibition Notice must contain:
If you are given a Prohibition Notice you should:
After fixing the problem you should inform the inspector that you have rectified the issue. The inspector may want to come and check what you have done.
If you do not agree with the Prohibition Notice, you can seek a review of the inspector’s decision to issue the Notice. The first avenue of appeal is to the WorkSafe Internal Review Unit (IRU), and the appeal must be made within 14 days of the Prohibition Notice coming to your attention. You can also apply for a stay or suspension of the Notice pending the outcome of internal review. A request for a stay should be lodged with the application for internal review.
The review may decide to affirm, vary or set aside the inspector’s decision. If you are not satisfied with the decision of the IRU your only other option is to seek a review of that decision by the Victorian Administrative Appeals Tribunal (VCAT).
If you do not comply with the Prohibition Notice you may be taken to court and face heavy fines. You can either comply with the Notice or seek a review with a stay within the set time periods.
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