sec.96Stay of operation of decision

sec.96 Stay of operation of decision

An application for review of a decision does not stay the decision. However, an applicant mentioned in section 93 (1) may immediately apply to QCAT for a stay of the decision. QCAT may stay the decision to secure the effectiveness of the review and a later appeal to QCAT. The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be amended or revoked by QCAT. 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 QCAT 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.96-ssec.1) An application for review of a decision does not stay the decision. (sec.96-ssec.2) However, an applicant mentioned in section 93 (1) may immediately apply to QCAT for a stay of the decision. (sec.96-ssec.3) QCAT may stay the decision to secure the effectiveness of the review and a later appeal to QCAT. (sec.96-ssec.4) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be amended or revoked by QCAT. (sec.96-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 QCAT allows the applicant to enable the applicant to appeal against the review decision. (sec.96-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 QCAT considers appropriate; and
• (b) operates for the period fixed by QCAT; and
• (c) may be amended or revoked by QCAT.