SafeWork NSW Notice to Produce: What to Do If You Receive a Section 155 Notice

In this article

1. What Is a SafeWork NSW Notice to Produce?
2. Who Can Receive a Notice?
3. What Can SafeWork NSW Ask For?
4. Do You Have to Respond?
5. Can You Say No?
6. Who Will See What You Send?
7. A Notice vs an Inspector Asking Questions on Site
8. What to Do If You Get a SafeWork NSW Notice to Produce
9. Frequently Asked Questions
10. Received a SafeWork NSW Notice to Produce?

Penalty amounts are for the 2026–27 financial year (1 July 2026 to 30 June 2027). They go up every 1 July, so check the current amounts.

Got a letter from SafeWork NSW asking for documents, information or an interview? It is probably a notice to produce, also called a section 155 notice. Here is what it means, in plain English, and what to do next.

What Is a SafeWork NSW Notice to Produce?

SafeWork NSW is the government body that enforces workplace safety laws in New South Wales. When it is looking into a workplace safety issue, it can send you a written notice that forces you to hand over what it needs.

The power comes from section 155 of the Work Health and Safety Act 2011 (NSW) (the WHS Act), the main workplace safety law in NSW. That is why lawyers call it a “section 155 notice” or “s155 notice”.

SafeWork NSW can send a notice when it reasonably believes you have information about:

• a possible breach of workplace safety laws, or
• something that helps it check that the law is being followed.

The notice must be in writing. It should say it is made under section 155, warn you that ignoring it is an offence, and explain your rights.

Since 1 July 2025, SafeWork NSW has been a standalone government agency led by a SafeWork Commissioner.

Who Can Receive a Notice?

Anyone SafeWork NSW thinks has useful information. It is not just the business being investigated. For example:

• business owners, companies and sole traders
• directors and managers
• workers, supervisors and contractors who saw or were involved in an incident
• other businesses involved, such as head contractors, labour hire companies, suppliers and customers

In transport, for example, a notice might go to the trucking company, a depot manager, a subcontracted driver or the business that loaded the truck.

What Can SafeWork NSW Ask For?

A notice can ask you to do one or more of these three things:

SafeWork NSW can ask for a lot. It can request things like board minutes and emails, even if they don’t look like they are about safety.

Do You Have to Respond?

Yes. Not responding, or refusing, is a criminal offence unless you have a reasonable excuse. If you are taken to court, it is up to you to show what your excuse was.

How much is the fine?

These are the maximum fines for ignoring a notice (WHS Act, section 155(5)) in 2026–27, published by SafeWork NSW:

The same maximums apply for giving false or misleading information (WHS Act, section 268). The court decides the actual fine. Even a small fine usually comes with a criminal conviction, which can affect tenders, insurance, licences and your reputation.

Real cases

These people and businesses were taken to court over notices like this:

Victoria has its own safety law, the Occupational Health and Safety Act 2004 (Vic), with a similar power to demand documents.

The takeaway: ignoring a notice, refusing it, or giving false answers can leave you with a criminal record, on top of whatever SafeWork NSW was first looking into.

Can You Say No?

Only in a few situations. Here is how the two main rules work.

So if you are answering for a business, assume everything you send can be used against the business.

What counts as a “reasonable excuse”?

The law doesn’t say exactly. It depends on your situation. Being busy, missing the email, or thinking the documents are commercially sensitive probably won’t be enough. If you have a real problem meeting the notice, tell SafeWork NSW in writing before the deadline.

Who Will See What You Send?

SafeWork NSW must generally keep what you send confidential (section 271 of the WHS Act). But it can use it in investigations and court cases.

It can also share information in some cases, including with other safety regulators. Since 2025 it can also share with other government agencies under agreements, and sometimes with unions, employer groups or health and safety representatives who raised the issue.

Assume investigators and prosecutors will read everything carefully. Make sure it is accurate.

A Notice vs an Inspector Asking Questions on Site

A SafeWork NSW inspector who visits your workplace can also ask you to hand over documents and answer questions on the spot. That is a separate power under section 171 of the WHS Act. The inspector must show you who they are first.

If an inspector asks you questions on site, you can ask which power they are using.

What to Do If You Get a SafeWork NSW Notice to Produce

Your first response matters most. Work through these steps before you send anything.

1. Read the whole notice. Check who sent it, who it is addressed to, and exactly what it asks for.
2. Lock in the deadline. Put the due date in your calendar with reminders, plus how to send your response and who to contact.
3. Talk to a lawyer early. They can check the notice, work out exactly what you need to give, and deal with SafeWork NSW for you.
4. Keep every record. Don’t delete or change anything that could be covered, including emails, CCTV, GPS or tracking data and texts.
5. Answer only what is asked. Match each item in the notice to the right documents. Be accurate and complete, but don’t add things the notice doesn’t ask for.
6. Set aside legal advice. Keep your lawyer’s advice separate. It is usually protected and doesn’t need to be handed over.
7. Need more time? Ask in writing. Contact SafeWork NSW before the deadline, explain why, and suggest a realistic date. Keep a copy of their reply.
8. Pick the right person to sign. Written answers must be signed by you or, for a company, a suitable senior person. They must check every answer is true.
9. Keep copies of everything. Number your documents, list which item each one answers, and keep an exact copy of what you send.
10. Prepare for any interview. Get advice beforehand and consider bringing your lawyer.

Common mistakes

• Ignoring it. It won’t go away. The cases above show where that leads.
• Missing the deadline without asking for more time first.
• Saying too much. Extra explanations, opinions or documents can create evidence you didn’t need to give.
• Guessing. If you don’t know an answer, say so. A wrong guess stated as fact can count as false information.
• Writing your own “investigation report” for SafeWork NSW without advice. It can lock you into an early, wrong version of events.
• Letting the wrong person reply. An office manager may not know what is relevant, private or required.

Frequently Asked Questions

Received a SafeWork NSW Notice to Produce?

Your first response to a SafeWork NSW notice can shape everything that follows. Eric Navea is a SafeWork NSW defence lawyer who previously worked as a Principal Lawyer at SafeWork NSW. He knows how these investigations work from the inside.

Eric will identify the immediate issues, important deadlines and the information needed to properly assess your position. He deals with SafeWork NSW for you, guides you through the investigation and, if charges follow, represents you in court.

Received a notice from SafeWork NSW? Speak with Eric before you respond.

Speak With Eric Before You Respond