Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 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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