Commonwealth Numbered Acts

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WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 228

Stays of reviewable decisions on internal review

             (1)  An application for an internal review of a reviewable decision (other than a decision to issue a prohibition notice or a non-disturbance notice) stays the operation of the decision.

             (2)  If an application is made for an internal review of a decision to issue a prohibition notice or a non-disturbance notice, the reviewer may stay the operation of the decision.

             (3)  The reviewer may make the decision to stay the operation of a decision on the reviewer's own initiative or on the application of the applicant for review.

             (4)  The reviewer must make a decision on an application for a stay within 1 working day after the reviewer receives the application.

             (5)  If the reviewer has not made a decision to stay a decision within the time set out in subsection (4), the reviewer is taken to have made a decision to grant a stay.

             (6)  A stay of the operation of a decision pending a decision on an internal review continues until whichever of the following is the earlier:

                     (a)  the end of the prescribed period for applying for an external review of the decision made on the internal review;

                     (b)  an application for external review is made.


 



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