Non-Disturbance notices

A WorkSafe ACT inspector may issue a non-disturbance notice verbally, and in writing to a person with management or control of a workplace in these situations:

  • To preserve the site at which a notifiable incident has occurred for a specified period
  • To prevent the disturbance of a site (including the operation of plant) in other circumstances for a specified timeframe.

A non-disturbance notice requires the person to preserve (not disturb) the site (including any plant, substance, structure or thing associated with the site).

However, a non-disturbance notice does not prevent action:

  • to assist an injured person
  • to remove a deceased person
  • that is essential to make the site safe or to prevent a further incident
  • that is associated with a police investigation
  • for which an inspector has given permission.

Important information on a persons’ rights and obligations are included on the notice.

A non-disturbance notice will specify the timeframe (of not more than 7 days) for which it applies and set out the measures to be taken to preserve a site or prevent disturbance of a site and the penalty for contravening the notice

All notices must be displayed in a prominent place which is easily accessible, noticeable and where workers or other persons affected by the notice will see and have access to it.

The person who has been issued with an improvement notice must not intentionally remove, destroy, damage or deface a notice that is being displayed while the notice is in force.

Failure to comply with a non-disturbance notice can attract a maximum penalty of $50,000 (for an individual) or $250,000 (for a body corporate).

The regulator may apply to the Supreme Court for an injunction compelling a person to comply with a notice or restraining a person from contravening a notice.

A person to whom a notice is issued must, as soon as possible, display a copy of the notice in a prominent place at or near the workplace, or part of the workplace, at which work is being carried out that is affected by the notice.

A person must not intentionally remove, destroy, damage or deface a notice displayed while the notice is in force.

Compliance with a non-disturbance notice

Failure to comply with a non-disturbance notice can attract a penalty. The maximum penalty for non-compliance in the case of an individual is $50 000 or in the case of a body corporate is $250 000.

Injunction for non-compliance with a notice

The regulator may apply to the Supreme Court for an injunction compelling a person to comply with a notice or restraining a person from contravening a notice.

The regulator may do so whether or not a proceeding has been brought for an offence against the Act in connection with any matter in relation to which the notice was issued and whether any period for compliance with the notice has expired.

On this page