QLDIn ForceAct
Hospital and Health Boards Act 2011
sec.258Stay of operation of decision
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### sec.258 Stay of operation of decision
An application for review of a decision does not stay the decision.
However, the applicant may immediately apply for a stay of the decision to the 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 chief executive makes a review decision about the decision and any later period the court allows the applicant to enable the applicant to appeal against the review decision.
An application for review of a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.
(sec.258-ssec.1) An application for review of a decision does not stay the decision.
(sec.258-ssec.2) However, the applicant may immediately apply for a stay of the decision to the court.
(sec.258-ssec.3) The court may stay the decision to secure the effectiveness of the review and a later appeal to the court.
(sec.258-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.258-ssec.5) The period of the stay must not extend past the time when the chief executive makes a review decision about the decision and any later period the court allows the applicant to enable the applicant to appeal against the review decision.
(sec.258-ssec.6) An application for 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.