Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 102D

102D Review of particular decisions made by inspector

(1) In dealing with the dispute, the commission may review a decision (a
"compliance decision" ) made by an inspector to exercise, or not to exercise, compliance powers under part 10 to assist in resolving the dispute.

(2) If the commission reviews a compliance decision under subsection (1) , the commission—

(a) may decide to—

(i) confirm or vary the compliance decision; or

(ii) set aside the compliance decision and substitute another decision the commission considers appropriate; or

(iii) set aside the compliance decision and return the matter to the inspector who made it with directions the commission considers appropriate; and

(b) must give the regulator notice of—

(i) the commission’s decision to review the compliance decision; and

(ii) any decision made by the commission under paragraph (a) (the
"review decision" ).

(3) A notice mentioned in subsection (2) (b) (i) must state that any review of the compliance decision, or any stay of the operation of the compliance decision, under part 12 ends on the making of the commission’s decision to review the compliance decision under this section.

(4) Despite section 102C (3) , the commission must not make an order staying the operation of the compliance decision.

(5) A compliance decision reviewed by the commission under this section is, from the time the commission decides to review the decision, taken not to be a reviewable decision under section 223 .

(6) If the compliance decision is or has been the subject of review proceedings under part 12 —

(a) any review of the compliance decision, or any stay of the operation of the compliance decision, under that part ends when the commission decides to review the compliance decision; and

(b) subsection (5) does not affect the validity of any action taken under part 12 before the making of the commission’s decision to review the compliance decision.