The Work Health and Safety Tribunal has granted an application, which was unopposed, for a stay of an Improvement Notice issued by a WorkSafe Inspector until the completion of an external review. 

The applicant requested a stay of the Improvement Notice, asserting that implementing its measures before the completion of an external review would create practical difficulties and risk rendering the appeal nugatory, and that granting the stay would not pose unacceptable risk to employees. The applicant contended that it complied with reporting requirements based on Progress Medical Certificates and contested the Inspector's findings of knowingly providing false information. It emphasised the industry standard practice of using medical certificates and highlighted the serious questions regarding the decision under review.  

Considering the public interest, the Tribunal determined that the Improvement Notice primarily addressed reporting methods rather than immediate safety concerns, thus concluding that granting a stay would not pose unacceptable risks to workers. With the substantive hearing already scheduled, the Tribunal issued an order to stay the Improvement Notice pending further action under the Work Health and Safety Act 2020.

The decision can be read here. 

Decision issued Wednesday, 13 March 2024.