sec.32Stay of operation of original decision

### sec.32 Stay of operation of original decision If a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity (unless the decision is a prescribed authority decision mentioned in the Transport Operations (Road Use Management) Act 1995 , section 65A (3) , or relates to the automatic extension of the person’s prescribed period under that Act, section 91VA ). The relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity. In setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day. The chief executive is a party to the application. The person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing. The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period specified by the relevant entity; and may be revoked or amended by the relevant entity. The period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act . The making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed. In this section— relevant entity means— if the reviewed decision may be reviewed by QCAT—QCAT; or if the reviewed decision may be appealed to the appeal court—the appeal court. s 32 sub 1997 No. 66 s 138 amd 2009 No. 24 s 1832 ; 2019 No. 25 s 115 (sec.32-ssec.1) If a person applies for review of an original decision, the person may immediately apply for a stay of the decision to the relevant entity (unless the decision is a prescribed authority decision mentioned in the Transport Operations (Road Use Management) Act 1995 , section 65A (3) , or relates to the automatic extension of the person’s prescribed period under that Act, section 91VA ). (sec.32-ssec.2) The relevant entity may stay the original decision to secure the effectiveness of the review and any later appeal to or review by the relevant entity. (sec.32-ssec.3) In setting the time for hearing the application, the relevant entity must allow at least 3 business days between the day the application is filed with it and the hearing day. (sec.32-ssec.4) The chief executive is a party to the application. (sec.32-ssec.5) The person must serve a copy of the application showing the time and place of the hearing and any document filed in the relevant entity with it on the chief executive at least 2 business days before the hearing. (sec.32-ssec.6) The stay— may be given on conditions the relevant entity considers appropriate; and operates for the period specified by the relevant entity; and may be revoked or amended by the relevant entity. (sec.32-ssec.7) The period of a stay under this section must not extend past the time when the chief executive reviews the original decision and any later period the relevant entity allows the applicant to enable the applicant to appeal against the decision or apply for a review of the decision as provided under the QCAT Act . (sec.32-ssec.8) The making of an application does not affect the original decision, or the carrying out of the original decision, unless it is stayed. (sec.32-ssec.9) In this section— relevant entity means— if the reviewed decision may be reviewed by QCAT—QCAT; or if the reviewed decision may be appealed to the appeal court—the appeal court. - (a) may be given on conditions the relevant entity considers appropriate; and - (b) operates for the period specified by the relevant entity; and - (c) may be revoked or amended by the relevant entity. - (a) if the reviewed decision may be reviewed by QCAT—QCAT; or - (b) if the reviewed decision may be appealed to the appeal court—the appeal court.