Sometimes an inspector will find an unsatisfactory workplace situation that the employer or other person responsible has already been warned about.

The warning may have occurred by way of:

• a written warning
• an improvement notice
• a prohibition notice
• a previous infringement notice
• a prosecution
• a hazard notice
• a compliance order.

Faced with that repeat offending an inspector has to decide what formal response to make. One of the options open to the inspector is to issue an infringement notice.

The effect of the infringement notice is to require the offender to pay an infringement fee (this is sometimes referred to as an "instant fine").

Unless the offender clearly disagrees with the inspector they should fix the problem and arrange to pay the infringement fee in accordance with the notice. If they disagree (with the notice or just with the amount of fee) they can take the matter to the District Court.

The Court will decide whether or not the notice is justified in the circumstances.

Go to:

• Infringement fees
• Fact Sheet: Infringement noticespdf file [size: 81KB]