South Australian Current Acts

WORK HEALTH AND SAFETY ACT 2012 - SECT 228

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 received 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.