Queensland Numbered Acts Queensland Numbered ActsPart 5A , divisions 2 to 4 —
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87G General power to enter places(1) An authorised person may enter a place if—(a) an occupier at the place consents under subdivision 2 to the entry and section 87J has been complied with for the occupier; or(b) it is a public place and the entry is made when the place is open to the public; or(c) the entry is authorised under a warrant and, if there is an occupier of the place, section 87Q has been complied with for the occupier; or(d) it is a licensed insurer’s premises and is—(i) open for carrying on business; or(ii) otherwise open for entry.(2) For subsection (1)(d), a
"licensed insurer’s premises" does not include a part of the premises where a person resides.(3) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.(4) The consent may provide consent for re-entry and is subject to the conditions of consent.(5) If the power to enter is under a warrant, the power is subject to the terms of the warrant.(6) If the power to re-enter is under a warrant, the re-entry is subject to the terms of the warrant.
87H Application of subdivision This subdivision applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 87G(1)(a).
87I Incidental entry to ask for access For the purpose of asking the occupier for the consent, an authorised person may, without the occupier’s consent or a warrant—(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or(b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.
87J Matters authorised person must tell occupier Before asking for the consent, the authorised person must—(a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and(b) tell the occupier that—(i) the occupier is not required to consent; and(ii) the consent may be given subject to conditions and may be withdrawn at any time.
87K Consent acknowledgement(1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.(2) The acknowledgement must state—(a) the purpose of the entry, including the powers to be exercised; and(b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and(c) that the occupier has been told—(i) that the occupier is not required to consent; and(ii) that the consent may be given subject to conditions and may be withdrawn at any time; and(d) that the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and(e) the day and time the consent was given; and(f) any conditions of the consent.(3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.(4) However, if it is impractical for the authorised person to give the occupier a copy of the acknowledgment immediately, the authorised person must give the copy as soon as practicable.(5) If—(a) an issue arises in a proceeding about whether the occupier consented to the entry; and(b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.
87L Application for warrant(1) An authorised person may apply to a magistrate for a warrant for a place.(2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.(3) The written application must be sworn.(4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.Example—The magistrate may require additional information supporting the written application to be given by statutory declaration.
87M Issue of warrant(1) The magistrate may issue a warrant for the place only under subsection (2).(2) The magistrate may issue the warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act or the National Injury Act .(3) The warrant must state—(a) the place to which the warrant applies; and(b) that a stated authorised person or any authorised person may with necessary and reasonable help and force—(i) enter the place and any other place necessary for entry to the place; and(ii) exercise the authorised person’s powers; and(c) particulars of the offence that the magistrate considers appropriate; and(d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and(e) the evidence that may be seized under the warrant; and(f) the hours of the day or night when the place may be entered; and(g) the magistrate’s name; and(h) the day and time of the warrant’s issue; and(i) the day, within 14 days after the warrant’s issue, the warrant ends.
87N Electronic application(1) An application under section 87L may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—(a) urgent circumstances; or(b) other special circumstances, including, for example, the authorised person’s remote location.(2) The application—(a) may not be made before the authorised person prepares the written application under section 87L(2); but(b) may be made before the written application is sworn.
87O Additional procedure if electronic application(1) For an application made under section 87N, the magistrate may issue the warrant (the
"original warrant" ) only if the magistrate is satisfied—(a) it was necessary to make the application under section 87N; and(b) the way the application was made under section 87N was appropriate.(2) After the magistrate issues the original warrant—(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or(b) otherwise—(i) the magistrate must tell the authorised person the information mentioned in section 87M(3); and(ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 87M(3) provided by the magistrate.(3) The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the
"duplicate warrant" ), is a duplicate of, and as effectual as, the original warrant.(4) The authorised person must, at the first reasonable opportunity, send to the magistrate—(a) the written application complying with section 87L(2) and (3); and(b) if the authorised person completed a form of warrant under subsection (2)(b), the completed form of warrant.(5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—(a) attach the documents to the original warrant; and(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.(6) Despite subsection (3), if—(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and(b) the original warrant is not produced in evidence;the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.(7) This section does not limit section 87L.(8) In this section—
"relevant magistrates court" , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .
87P Defect in relation to a warrant(1) A warrant is not invalidated by a defect in—(a) the warrant; or(b) compliance with this subdivision;unless the defect affects the substance of the warrant in a material particular.(2) In this section—
"warrant" includes a duplicate warrant mentioned in section 87O(3).
87Q Entry procedure(1) This section applies if an authorised person is intending to enter a place under a warrant issued under this subdivision.(2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—(a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;(b) give the person a copy of the warrant;(c) tell the person the authorised person is permitted by the warrant to enter the place;(d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.(3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.(4) In this section—
"warrant" includes a duplicate warrant mentioned in section 87O(3).
87R Application of subdivision(1) The powers under this subdivision may be exercised if an authorised person enters a place under section 87G(1)(a), (c) or (d).(2) However, if the authorised person enters under section 87G(1)(a) or (c), the powers under this subdivision are subject to any conditions of the consent or terms of the warrant.
87RA General powers(1) The authorised person may do any of the following (each a
"general power" )—(a) search any part of the place;(b) inspect, examine or film any part of the place or anything at the place;(c) take for examination a thing, or a sample of or from a thing, at the place;(d) place an identifying mark in or on anything at the place;(e) take an extract from, or copy, a document at the place, or take the document to another place to copy;(f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;(g) take to, into or onto the place and use any person, equipment and materials the authorised person reasonably requires for exercising the authorised person’s powers under this part;(h) remain at the place for the time necessary to achieve the purpose of the entry.(2) The authorised person may take a necessary step to allow the exercise of a general power.(3) If the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.(4) If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.(5) In this section—
"examine" includes analyse, test, account, measure, weigh, grade, gauge and identify.
"film" includes photograph, videotape and record an image in another way.
"inspect" , a thing, includes open the thing and examine its contents.
87RB Power to require reasonable help(1) The authorised person may make a requirement (a
"help requirement" ) of an occupier of the place or a person at the place to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information.(2) When making the help requirement, the authorised person must give the person an offence warning for the requirement.(3) In this section—
"general power" see section 87RA(1).
87RC Offence to contravene help requirement(1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.Penalty—Maximum penalty—200 penalty units.(2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.(3) In this section—
"help requirement" see section 87RB(1).
87RD Seizing evidence at a place that may be entered without consent or warrant An authorised person who enters a place the authorised person may enter under this part without the consent of an occupier of the place and without a warrant may seize a thing at the place if the authorised person reasonably believes the thing is evidence of an offence against this Act or the National Injury Act .
87RE Seizing evidence at a place that may be entered only with consent or warrant(1) This section applies if—(a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and(b) the authorised person enters the place after obtaining the consent or under a warrant.(2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—(a) the authorised person reasonably believes the thing is evidence of an offence against this Act or the National Injury Act ; and(b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.(3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.(4) The authorised person may also seize anything else at the place if the authorised person reasonably believes—(a) the thing is evidence of an offence against this Act or the National Injury Act ; and(b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.(5) The authorised person may also seize a thing at the place if the authorised person reasonably believes it has just been used in committing an offence against this Act or the National Injury Act .
87RF Seizure of property subject to security(1) An authorised person may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.(2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised person or a person acting under the direction or authority of the authorised person.
87RG Power to secure seized thing(1) Having seized a thing under this subdivision, an authorised person may—(a) leave it at the place where it was seized (the
"place of seizure" ) and take reasonable action to restrict access to it; or(b) move it from the place of seizure.(2) For subsection (1)(a), the authorised person may, for example—(a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or(b) for equipment—make it inoperable; orExample—make it inoperable by dismantling it or removing a component without which the equipment can not be used(c) require a person the authorised person reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an authorised person could do under subsection (1)(a).
87RH Offence to contravene seizure requirement A person must comply with a requirement made of the person under section 87RG(2)(c) unless the person has a reasonable excuse.Penalty—Maximum penalty—50 penalty units.
87RI Offence to interfere(1) If access to a seized thing is restricted under section 87RG, a person must not tamper with the thing or with anything used to restrict access to the thing without—(a) an authorised person’s approval; or(b) a reasonable excuse.Penalty—Maximum penalty—50 penalty units.(2) If access to a place is restricted under section 87RG, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—(a) an authorised person’s approval; or(b) a reasonable excuse.Penalty—Maximum penalty—50 penalty units.
87RJ Receipt and information notice for seized thing(1) This section applies if an authorised person seizes anything under this subdivision unless—(a) the authorised person reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or(b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.(2) The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—(a) a receipt for the thing that generally describes the thing and its condition; and(b) an information notice for the decision to seize it.(3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.(4) The receipt and information notice may—(a) be given in the same document; and(b) relate to more than 1 seized thing.(5) The authorised person may delay giving the receipt and information notice if the authorised person reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised person under this part.(6) However, the delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.
87RK Access to seized thing(1) Until a seized thing is forfeited or returned, the authorised person who seized the thing must allow an owner of the thing—(a) to inspect it at any reasonable time and from time to time; and(b) if it is a document—to copy it.(2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.(3) The inspection or copying must be allowed free of charge.
87RL Return of seized thing(1) This section applies if a seized thing is not forfeited or transferred under subdivision 3 or 4.(2) As soon as the commission stops being satisfied there are reasonable grounds for retaining the thing, the commission must return it to its owner.(3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the commission for its return.(4) Within 30 days after receiving the application, the commission must—(a) if the commission is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner an information notice for the decision; or(b) otherwise—return the thing to the owner.(5) For this section, there are reasonable grounds for retaining a seized thing if—(a) the thing is being, or is likely to be, examined; or(b) the thing is needed, or may be needed, for the purposes of—(i) a proceeding for an offence against this Act or the National Injury Act that is likely to be started or that has been started but not completed; or(ii) an appeal from a decision in a proceeding for an offence against this Act or the National Injury Act ; or(c) it is not lawful for the owner to possess the thing.(6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.(7) Nothing in this section affects a lien or other security over the seized thing.(8) In this section—
"examine" includes analyse, test, measure, weigh, grade, gauge and identify.
87RM Forfeiture by commission decision(1) The commission may decide a seized thing is forfeited to the State if an authorised person—(a) after making reasonable inquiries, can not find an owner; or(b) after making reasonable efforts, can not return it to an owner; or(c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence against section 74(1) or (2), 75 or 87T for which it was seized.(2) However, the authorised person is not required to—(a) make inquiries if it would be unreasonable to make inquiries to find an owner; or(b) make efforts if it would be unreasonable to make efforts to return the thing to an owner.Example for paragraph (b)—The owner of the thing has migrated to another country.(3) Regard must be had to the thing’s condition, nature and value in deciding—(a) whether it is reasonable to make inquiries or efforts; and(b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.
87RN Information notice about forfeiture decision(1) If the commission decides under section 87RM(1) to forfeit a thing, the commission must as soon as practicable give a person who owned the thing immediately before the forfeiture (the
"former owner" ) an information notice about the decision.(2) If the decision was made under section 87RM(1)(a) or (b), the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.(3) The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.(4) However, subsections (1) to (3) do not apply if—(a) the decision was made under section 87RM(1)(a) or (b); and(b) the place where the thing was seized is—(i) a public place; or(ii) a place where the notice is unlikely to be read by the former owner.
87RO When thing becomes property of the State A thing becomes the property of the State if—(a) the thing is forfeited to the State under section 87RM(1); or(b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.
87RP How property may be dealt with(1) This section applies if, under section 87RO, a thing becomes the property of the State.(2) The commission may deal with the thing as the commission considers appropriate, including, for example, by destroying it or giving it away.(3) The commission must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.(4) If the commission sells the thing, the commission must, after deducting the costs of the sale, make reasonable efforts to return the proceeds of the sale to the former owner of the thing.(5) In this section—
"former owner" , of a thing, see section 87RN(1).
87RQ Power to require name and address(1) This section applies if an authorised person—(a) finds a person committing an offence against this Act or the National Injury Act ; or(b) finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act or the National Injury Act ; or(c) has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act or the National Injury Act .(2) The authorised person may require the person to state the person’s name and address.(3) The authorised person may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—(a) be in possession of evidence of the correctness of the stated name or address; or(b) otherwise be able to give the evidence.(4) When making a personal details requirement, the authorised person must give the person an offence warning for the requirement.(5) A requirement under this section is a
"personal details requirement" .(6) In this section—
"address" , of a person, includes the person’s residential and business address and, for a person temporarily in Queensland, includes the place where the person is living in Queensland.
87RR Offence to contravene personal details requirement(1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.Penalty—Maximum penalty—50 penalty units.(2) A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.(3) In this section—
"personal details requirement" see section 87RQ(5).
87RS Power to require information(1) This section applies if an authorised person reasonably believes a person has information relevant to any of the following matters—(a) a liability under the statutory insurance scheme;(b) an entitlement under the statutory insurance scheme;(c) an offence the authorised person reasonably believes has been committed against this Act or the National Injury Act .(2) The authorised person may require the person to—(a) give the authorised person the information by a stated reasonable time; or(b) produce a document to the authorised person for inspection at a stated reasonable time and place and allow the authorised person to make a copy of the document.(3) To remove any doubt, it is declared that under subsection (2) an authorised person may require the information to be given, or document to be produced, immediately at the place the requirement is made, if the requirement is reasonable in the circumstances.(4) When making a requirement under subsection (2), the authorised person must give the person an offence warning for the requirement.(5) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.
87RT Offence to contravene information requirement(1) A person of whom a requirement is made under section 87RS(2) must comply with the requirement unless the person has a reasonable excuse.Penalty—Maximum penalty—200 penalty units.(2) It is a reasonable excuse for an individual not to give the information or produce the document if—(a) the person would be entitled to refuse to give the information or produce the document in a court proceeding on the ground that giving the information or producing the document might tend to incriminate the individual or expose the individual to a penalty; or(b) for a requirement to produce a document—the cost of producing the document would be unreasonable, having regard to its evidentiary value and any other relevant circumstances.(3) The person does not commit an offence against this section if the information or document sought by the authorised person is not relevant to a matter mentioned in section 87RS(1).
87RU Duty to avoid inconvenience and minimise damage In exercising a power, an authorised person must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.Note—See also section 87RW.
87RV Notice of damage(1) This section applies if—(a) an authorised person damages something when exercising, or purporting to exercise, a power; or(b) a person (the
"assistant" ) acting under the direction or authority of an authorised person damages something.(2) However, this section does not apply to damage the authorised person reasonably considers is trivial or if the authorised person reasonably believes—(a) there is no-one apparently in possession of the thing; or(b) the thing has been abandoned.(3) The authorised person must give notice of the damage to a person who appears to the authorised person to be an owner, or person in control, of the thing.(4) However, if for any reason it is not practicable to comply with subsection (3), the authorised person must—(a) leave the notice at the place where the damage happened; and(b) ensure it is left in a conspicuous position and in a reasonably secure way.(5) The authorised person may delay complying with subsection (3) or (4) if the authorised person reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised person’s functions.(6) The delay may be only for so long as the authorised person continues to have the reasonable suspicion and remains in the vicinity of the place.(7) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised person or the assistant, the authorised person may state the belief in the notice.(8) The notice must state—(a) particulars of the damage; and(b) that the person who suffered the damage may claim compensation under section 87RW.
87RW Compensation(1) A person may claim compensation from the commission if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised person including a loss arising from compliance with a requirement made of the person under division 3.(2) However, subsection (1) does not include loss arising from a lawful seizure or a lawful forfeiture.(3) The compensation may be claimed and ordered in a proceeding—(a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or(b) for an alleged offence against this Act or the National Injury Act the investigation of which gave rise to the claim for compensation.(4) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.(5) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.(6) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.(7) Section 87RU does not provide for a statutory right of compensation other than as provided by this section.(8) In this section—
"loss" includes costs and damage.
87RX Costs of investigation(1) This section applies if a person is convicted by a court of an offence against this Act or the National Injury Act .(2) The court may order the person to pay the commission’s reasonable costs of an investigation about the offence, including reasonable costs of preparing for the prosecution.(3) This section does not limit the order for costs the court may make on the conviction.
87RY Obstructing authorised person(1) A person must not obstruct an authorised person exercising a power, or someone helping an authorised person exercising a power, unless the person has a reasonable excuse.Penalty—Maximum penalty—50 penalty units.(2) If a person has obstructed an authorised person, or someone helping an authorised person, and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—(a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and(b) the authorised person considers the person’s conduct an obstruction.(3) In this section—
"obstruct" includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
87RZ Impersonating authorised person A person must not impersonate an authorised person.Penalty—Maximum penalty—50 penalty units.
87S Review process must start with internal review An affected person for an original decision may appeal to a Magistrates Court only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this subdivision.
87SA Who may apply for internal review(1) An affected person for an original decision may apply to the commission for a review of the decision under this subdivision (an
"internal review" ).(2) If the affected person has not been given an information notice for the original decision, the affected person may ask the commission for an information notice for the decision.(3) A failure by the commission to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.
87SB Requirements for application(1) An application for internal review of an original decision must—(a) be written; and(b) for a person who has been given an information notice for the decision—include enough information to enable the commission to decide the application; and(c) be made to the commission within—(i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or(ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.(2) The commission may, at any time, extend the period within which the application may be made.(3) The application does not affect the operation of the original decision or prevent the decision being implemented.Note—Subdivision 2 provides for a stay of the original decision.
87SC Internal review(1) The commission must, within 20 days after receiving an application for internal review of an original decision—(a) review the original decision; and(b) decide to—(i) confirm the original decision; or(ii) amend the original decision; or(iii) substitute another decision for the original decision; and(c) give the affected person for the original decision a decision notice for the commission’s decision under paragraph (b).(2) The commission and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the commission to comply with the subsection.(3) The application may be dealt with only by a person who—(a) did not make the original decision; and(b) holds a more senior office than the person who made the original decision.(4) Subsection (3) does not apply to an original decision made by the commission personally.(5) If the commission does not give the affected person a decision notice within the period required under subsection (1) or a longer period agreed under subsection (2), the commission is taken to confirm the original decision.
87SD Decision notice(1) A notice given for an internal review decision (a
"decision notice" ) must state the following information—(a) the decision;(b) the reasons for the decision;Note—See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.(c) that the person to whom the notice is given may appeal the decision under this Act;(d) how, and the period within which, the appeal may be started;(e) how the person may apply for a stay of the operation of the decision.(2) If the commission does not give an affected person a decision notice for an internal review decision within the period required under section 87SC, the affected person may ask the commission for the decision notice.(3) A failure by the commission to give an affected person a decision notice for an internal review decision does not limit or otherwise affect the person’s right to appeal to the Magistrates Court the internal review decision.
87SE Court may stay operation of original decision(1) An affected person for an original decision may apply to the Magistrates Court for a stay of the operation of the decision.(2) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under subdivision 1.(3) The court may make an order staying the operation of the original decision 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 court by the entity that made the original decision;(c) the public interest.(4) A stay by the court under this section—(a) may be given on conditions the court considers appropriate; and(b) operates for the period fixed by the court; and(c) may be amended or revoked by the court.(5) The period of a stay by the court under this section must not extend past—(a) the end of the period within which an application for an internal review of the original decision may be made under subdivision 1; or(b) if an application for an internal review of the original decision is made under subdivision 1 within the period allowed under that subdivision—the end of the period within which an appeal against the internal review decision may be made under section 87SF.
87SF Appealing internal review decision(1) This section applies to a person who—(a) has applied for an internal review of an original decision; and(b) is dissatisfied with the internal review decision.(2) The person may appeal to a Magistrates Court (the
"court" ) against the internal review decision by filing a notice of appeal with the registrar of the court.(3) The notice of appeal must state fully the grounds of the appeal.(4) The person must file the notice of appeal within 28 days after a decision notice for the internal review decision is given to the person.(5) However, the court may, on application and at any time, extend the time for filing the notice of appeal.(6) The person must serve a copy of the notice of appeal, and any application to extend the time for filing the notice of appeal, on the commission.(7) The appeal does not affect the operation of the internal review decision or prevent the decision being implemented.
87SG Staying operation of internal review decision(1) A person mentioned in section 87SF(1) may apply to the court for a stay of the operation of the internal review decision.(2) The court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.(3) The court may stay the operation of the internal review decision on conditions the court considers appropriate.(4) The stay operates for the period decided by the court.(5) However, the period of the stay must not extend past the time when the court decides the appeal.
87SH Powers of court on appeal(1) When deciding an appeal against an internal review decision, the court—(a) has the same powers as the commission in making the internal review decision; and(b) is not bound by the rules of evidence; and(c) must comply with natural justice.(2) An appeal is by way of rehearing.(3) The court may—(a) confirm the internal review decision; or(b) substitute another decision for the internal review decision; or(c) set aside the internal review decision and return the matter to the commission with directions the court considers appropriate.
87SI Effect of court’s decision on appeal(1) If the court substitutes another decision for the internal review decision—(a) the substituted decision is taken to be a decision of the decision-maker; and(b) the commission may give effect to the decision as if—(i) the decision were the original decision of the decision-maker; and(ii) no application for review or appeal of the original decision had been made.(2) If the court sets aside the internal review decision and returns the matter to the original decision-maker with directions, any decision made by the decision-maker in accordance with the directions may not be reviewed or appealed against under this part.(3) In this section—
"decision-maker" , of an original decision, means—(a) for an original decision mentioned in section 87RJ—an authorised person; or(b) otherwise—the commission.