Quick answer
A WHS prohibition notice stops a specific activity, machine or area because an inspector sees a serious risk. It stays in force until the inspector is satisfied the risk is fixed, so the fastest route is to fix the cause, collect evidence and ask for the notice to be lifted. Funding the repair is often the bottleneck: a property-secured loan is possible in 24–48 hours, and smaller unsecured amounts same day. Speeds are possible, never promised.
Key points
- A prohibition notice is issued where an inspector reasonably believes an activity involves a serious risk to health or safety, and it can direct you to stop it or change how it is done
- It is lifted when the inspector is satisfied the risk is gone, so repairs plus evidence, not argument, is what restarts trading
- Seeking a review does not automatically pause the notice: you generally still have to comply while it is considered
- In Queensland an internal review application is generally due within 14 days, so decide early whether you are disputing anything
- Get written repair quotes on day one: they are what you need to book the trade and what a lender needs to size the loan
The inspector has been and gone, there is a notice taped to the machine, and your crew is standing around. Every day it stays there you are paying wages and earning nothing from that plant or area. The way out is short on paper: remove the risk, show the inspector, get the notice lifted. Money is what usually slows it down.
This guide puts the process in order, flags the review deadlines, and shows how to have the repair funded by the time the trade is free to start.
What is a WHS prohibition notice?
A prohibition notice is a direction from a work health and safety inspector to stop an activity because it involves, or may involve, a serious risk to health or safety. SafeWork NSW describes it as able to direct you to stop the activity or change the way it is done (SafeWork NSW).
Typical triggers are unguarded machinery, an unsafe scaffold, faulty plant or a hazard like asbestos disturbance. These are examples only; your notice will say what the inspector saw.
Three things to check on the paper itself:
- What is stopped. Usually one machine, area or task, not the whole business.
- Who issued it. Which regulator, and which inspector, because you will deal with them again.
- What must change. The notice often describes the risk but not the repair, so ask the inspector what they will want to see.
How does a prohibition notice get lifted?
It is lifted when the inspector is satisfied the risk is gone. One NSW Industrial Relations Commission decision records that a notice would not be lifted until the inspector was satisfied there was no ongoing risk of injury. There is no automatic expiry.
A recent example shows how quickly it can move when the fix is quick: SafeWork NSW issued a notice to the University of Technology Sydney on 2 September 2025 and confirmed compliance by 5 September, after changes to how information was distributed (HCA Magazine). That was a process fix. A worn guard or a failed scaffold takes longer, because parts, trades and re-inspection all have to line up.
What should I do in the first 48 hours?
Work the list in this order. It is built around not losing days.
- Make it safe and stop the use. Isolate the machine or cordon off the area. Do not run it “just for this job”.
- Photograph the notice and the fault. You will need both for the repair quote and the inspector.
- Get written quotes the same day. Ring the supplier or repairer and ask for the part lead time, not just the price. A quote with a date on it is what you plan around.
- Ask the inspector what evidence they want. Often it is a repair invoice, a competent person’s sign-off or a photo, plus a request to inspect again.
- Decide the funding route before you commit to the repair, not after. More on that below.
- Book the repair, then the re-inspection. Ask the inspector how to request the lift so you are not waiting on a letter.
Should I seek a review instead?
Only if you genuinely think the notice was wrong. Review rights exist, but they are slow compared with a repair, and compliance is generally still required while the review happens. NSW has an internal review then an external review by the Industrial Relations Commission, and a stay can be requested (SafeWork NSW).
In Queensland, WorkSafe says an application for internal review is generally due within 14 days of the decision, and the reviewer then has to decide within 14 days (WorkSafe Queensland). External review has its own, longer deadlines. Victoria and WA use their own processes, so read the form that came with your notice.
The practical approach most owners take: fix the real hazard immediately, and if there is a legitimate point to argue, lodge the review within the time limit alongside it, not instead of it.
What does ignoring or breaching a notice cost?
More than the repair. Under the model WHS laws, failing to comply with a prohibition notice carries a maximum of $100,000 for an individual and $500,000 for a body corporate, as listed in SafeWork SA’s 2026 notices flyer (SafeWork SA). Those are ceilings, not typical outcomes, and state laws differ. Beyond penalties, insurers, principal contractors and clients all ask about notices, and a breach is the fastest way to lose a contract.
What if the notice covers a whole site, not one machine?
Builders and civil contractors can see a notice over an area, such as an unsafe excavation or scaffold, which stops every trade working there. That changes the sums, because subcontractors and the principal contractor are waiting too.
Keep the principal contractor informed from day one, ask what the contract says about delay and who bears it, and keep records of the date the notice was issued and lifted. Those dates matter for any extension-of-time claim and for the next progress claim. If the lost days are leaving a hole in wages, our cash gap warning signs guide shows how to spot it before payroll day.
What does a day of downtime actually cost?
Do the sum before you decide how to pay for the fix. It is usually the downtime that is expensive, not the part.
Add up: wages you keep paying, the revenue the machine or site would have earned, late-delivery penalties and hire costs for a stand-in. Then compare it with the repair quote. If a $15k repair saves $3k of lost margin each day, a week of waiting for cheaper funding is the expensive option. Our cash gap calculator will show what a one-off bill does to the next few weeks.
How do I pay for the repair quickly?
Four realistic routes, and most owners use more than one:
- Cash on hand. Fastest, but check what it does to your next payroll and tax payments first.
- A property-secured loan. If you own property, fast secured business loans run from $20k to $5m, with $20k to $250k possible same day and larger amounts possible within 24–48 hours. Good when the repair is large or you also need a buffer for lost trading days.
- An unsecured cash-flow loan. For a trading business, fast unsecured business loans of smaller amounts, sized on turnover and bank statements, can sometimes be funded same day. Suits a mid-size repair.
- Supplier or repairer terms. Worth a call, but terms rarely arrive faster than a deposit does.
Emergency repair funding is a business purpose; our emergency repairs page covers how it works. To keep paperwork from slowing you down, our document checklist lists what a lender will ask for.
Not sure which route fits? Check your options here and share the quote and the lift date you are working to.
A worked example: the unguarded press
This is an illustration, not a real client. A small fabrication shop in western Sydney gets a prohibition notice on a press brake after an inspector finds the guarding has been removed and the light curtain is faulty. The press does about half of the shop’s weekly revenue.
- Day 1: The owner isolates the press, photographs the notice and rings the manufacturer’s agent for parts and a technician.
- Day 2: The quote arrives: a replacement light curtain and guarding, with a four-day lead time. The owner asks the inspector what evidence is needed to lift the notice.
- Day 2 afternoon: The shop owns its premises, so a property-secured loan is lined up to cover the repair and a few weeks of wages, rather than draining the payroll account.
- Day 7: Parts are fitted, the technician signs off, evidence goes to the inspector, and the notice is lifted after re-inspection.
Nothing in that sequence is clever. The shop just started the quote and the funding on the same day instead of one after the other.
Ready to get the funding lined up with the repair?
A prohibition notice feels like a wall, but it is really a repair job with a deadline, and repair jobs with a deadline are what we help fund every week. If you have a quote, or even a rough figure and a date, we can look at what your property, your business or both can support.
Enquiring takes about 60 seconds, and there’s no credit check when you first enquire, so your credit file isn’t touched just for asking. We don’t spray your details around a pile of lenders, so your phone stays quiet. A real person reads your situation and calls you. Please fill the form in accurately, including the repair cost and when you need to be trading again, so we can match the right option first time.
Frequently asked questions
What is a prohibition notice under WHS law?
It is a written direction from a WHS inspector to stop an activity, or change how it is done, because it involves or may involve a serious risk to health or safety. It usually names the machine, area or task, so the rest of your business can often keep running.
How long does a prohibition notice last?
Until the inspector is satisfied the risk has been removed. There is no fixed number of days. A NSW example from September 2025 involved a notice issued on 2 September and removed after the organisation changed how it handled the issue, with compliance confirmed by 5 September. Physical repairs usually take longer than a process change.
Can I keep working while I ask for a review?
Generally no. Review rights exist, but people given a prohibition notice are required to comply with it while a review is under way. You can ask for a stay of the notice, but plan on the machine or area staying off limits until it is lifted.
How long do I have to apply for a review?
It depends on the state. WorkSafe Queensland says an internal review application is generally due within 14 days, and external review follows through the QIRC or QCAT with their own deadlines. NSW has an internal review then an Industrial Relations Commission review. Check the dates printed on your notice.
What happens if I ignore a prohibition notice?
Under the model WHS laws, failing to comply attracts penalties of up to $100,000 for an individual and $500,000 for a body corporate, according to SafeWork SA's 2026 notices flyer. Individual states differ and Victoria has its own OHS Act, so check your regulator.
Can I get a business loan to pay for the repairs?
Often, yes. Repairing or replacing plant so you can trade again is a business purpose. Property-secured loans from $20k to $5m are possible in 24–48 hours, with $20k to $250k possible same day, and smaller unsecured amounts can sometimes be funded same day. It depends on the file.
Does a prohibition notice mean my business is in trouble?
Not necessarily. Notices usually target one hazard. The real cost is lost trading days, so the practical aim is to shorten the gap between the notice and the re-inspection.
