Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 22

22 Effect of review on reviewable decision

(1) The start of a proceeding for the review of a reviewable decision under this Act does not affect the operation of the decision or prevent the implementation of the decision.

(2) However, subsection (1) does not apply—

(a) if an enabling Act that is an Act provides otherwise; or

(b) to the extent the operation of all or part of the reviewable decision is stayed by an order of the tribunal under this section that is still in effect.

(3) The tribunal may, on application of a party or on its own initiative, make an order staying the operation of all or part of a reviewable decision if a proceeding for the review of the decision has started under this Act.

(4) The tribunal may make an order under subsection (3) only if it considers the order is desirable after having regard to the following—

(a) the interests of any person whose interests may be affected by the making of the order or the order not being made;

(b) any submission made to the tribunal by the decision-maker for the reviewable decision;

(c) the public interest.

(5) Subsection (4) (a) does not require the tribunal to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for the tribunal’s consideration if it is satisfied it is not practicable because of the urgency of the case or for another reason.

(6) In making an order under subsection (3) , the tribunal—

(a) may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or

(b) may impose conditions on the order it considers appropriate; or

(c) may provide for the lifting of the order if stated circumstances occur.

(7) The tribunal may assess damages for subsection (6) (a) .

(8) The tribunal’s power to assess damages under subsection (7) is exercisable only by a legally qualified member.