sec.238Stay of operation of decision

sec.238 Stay of operation of decision

An application for a review of a decision does not stay the decision. However, the applicant may immediately apply for a stay of the decision to the Magistrates Court. The court may stay the decision to secure the effectiveness of the review and a later appeal to the court. The stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court. The period of the stay must not extend past the time when the health ombudsman makes a review decision about the decision and any later period the court allows to enable the applicant to appeal against the review decision. An application for a review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. (sec.238-ssec.1) An application for a review of a decision does not stay the decision. (sec.238-ssec.2) However, the applicant may immediately apply for a stay of the decision to the Magistrates Court. (sec.238-ssec.3) The court may stay the decision to secure the effectiveness of the review and a later appeal to the court. (sec.238-ssec.4) The stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court. (sec.238-ssec.5) The period of the stay must not extend past the time when the health ombudsman makes a review decision about the decision and any later period the court allows to enable the applicant to appeal against the review decision. (sec.238-ssec.6) An application for a review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.

• (a) may be given on conditions the court considers appropriate; and
• (b) operates for the period fixed by the court; and
• (c) may be amended or revoked by the court.