AustLII Tasmanian Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2012 - SECT 228

Stays of reviewable decisions

(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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