Australian Capital Territory Repealed Acts

This legislation has been repealed.

OCCUPATIONAL HEALTH AND SAFETY ACT 1989 (REPEALED) - SECT 187

    (1)     A request to the review authority for the review of a reviewable decision must be in writing.

Note     A fee may be determined under s 225 (Determination of fees) for this section.

    (2)     Subject to subsection (3), a request for a review of a reviewable decision does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the authority makes an order to the contrary.

    (3)     If a request is made for a review of a decision to give an improvement notice, the operation of a decision is suspended pending determination of the review, except to the extent that the authority makes an order to the contrary.

    (4)     If an eligible person in relation to a reviewable decision requests the authority to review the decision, the authority must, subject to this part, review the decision and must—

        (a)     confirm or vary the decision; or

        (b)     revoke the decision and, if considered appropriate, make a decision in substitution for the decision revoked.

    (5)     A reviewable decision of a person, as varied by the authority, or a decision of the authority made in substitution for a reviewable decision of a person, is for all purposes (other than for this section) taken to be a decision of that person and, on the coming into operation of the decision of the authority, unless that authority orders otherwise, is taken to have had effect on and from the date when the reviewable decision would, apart from this section, have had effect.

    (6)     The authority must give written notice of its decision to each party to the proceeding, setting out the reasons for its decision.