Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 128

Internal review

    (1)     An eligible person in relation to a reviewable decision, other than a decision made by the Authority, may apply to the Authority for review of the decision within—

        (a)     14 days after the day on which the decision first came to the eligible person's notice; or

        (b)     such longer period as the Authority allows.

    (2)     The application must be in the form approved (in writing) by the Authority.

    (3)     If an application is made to the Authority in accordance with this section, the Authority must make a decision—

        (a)     to affirm or vary the reviewable decision; or

        (b)     to set aside the reviewable decision and substitute another decision that the Authority considers appropriate.

    (4)     The Authority must give a written notice to the applicant setting out—

        (a)     the Authority's decision under subsection (3) and the reasons for the decision; and

        (b)     the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based—

and must do so within 14 days after the application is made or, if the reviewable decision was made under section 111(3)(a) or 112(1), within 7 days after the application is made.

    (5)     If the Authority has not notified an applicant of a decision in accordance with subsection (4), the Authority is taken to have made a decision to affirm the reviewable decision.

    (6)     An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Authority, on its own initiative or on the application of the applicant for review, stays the operation of the decision pending the determination of the review.

    (7)     The Authority must make a decision on an application for a stay within 24 hours after the making of the application.

    (8)     If the Authority has not made a decision in accordance with subsection (7), the Authority is taken to have made a decision to grant a stay.

    (9)     The Authority may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate.



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