sec.184Stay of operation of original decision

sec.184 Stay of operation of original decision

A designated review application or general review application does not stay the original decision the subject of the application. However the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act , to QCAT for a stay of the original decision. QCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review. A stay may be granted on conditions QCAT considers appropriate. However, if the original decision relates to a dangerous dog declaration, a condition must be imposed that each owner of, and responsible person for, the dog must, until the internal review and any external review and appeal are decided, ensure the requirements under schedule 1 , section 3 , are complied with for the dog the subject of the declaration. See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog. The period of the stay must not extend past the time when— if the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision. A designated review application or general review application affects the original decision, or carrying out of the decision, only if the decision is stayed. s 184 amd 2009 No. 17 s 316 ; 2009 No. 24 s 1264 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 ss 21 , 71 sch 1 ; 2024 No. 17 s 74 (sec.184-ssec.1) A designated review application or general review application does not stay the original decision the subject of the application. (sec.184-ssec.2) However the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act , to QCAT for a stay of the original decision. (sec.184-ssec.3) QCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review. (sec.184-ssec.4) A stay may be granted on conditions QCAT considers appropriate. (sec.184-ssec.5) However, if the original decision relates to a dangerous dog declaration, a condition must be imposed that each owner of, and responsible person for, the dog must, until the internal review and any external review and appeal are decided, ensure the requirements under schedule 1 , section 3 , are complied with for the dog the subject of the declaration. See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog. (sec.184-ssec.6) The period of the stay must not extend past the time when— if the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision. (sec.184-ssec.7) A designated review application or general review application affects the original decision, or carrying out of the decision, only if the decision is stayed.