sec.516Stay of operation of original decision

### sec.516 Stay of operation of original decision An internal review application does not stay the original decision the subject of the application. However, the applicant may immediately apply for a stay of the original decision to— if, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or if, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or if, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding. An application to QCAT under subsection (2) (b) must be made as provided under the QCAT Act . The court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT. The stay— may be given on conditions the court or QCAT considers appropriate; and operates for the period fixed by the court or QCAT; and may be revoked or amended by the court or QCAT. The period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court or QCAT allows the applicant to enable the applicant to— seek arbitration on the review decision; or appeal against or apply for external review of the review decision. An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed. s 516 amd 2009 No. 24 s 975 ; 2014 No. 16 s 89 (sec.516-ssec.1) An internal review application does not stay the original decision the subject of the application. (sec.516-ssec.2) However, the applicant may immediately apply for a stay of the original decision to— if, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or if, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or if, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding. (sec.516-ssec.2A) An application to QCAT under subsection (2) (b) must be made as provided under the QCAT Act . (sec.516-ssec.3) The court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT. (sec.516-ssec.4) The stay— may be given on conditions the court or QCAT considers appropriate; and operates for the period fixed by the court or QCAT; and may be revoked or amended by the court or QCAT. (sec.516-ssec.5) The period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court or QCAT allows the applicant to enable the applicant to— seek arbitration on the review decision; or appeal against or apply for external review of the review decision. (sec.516-ssec.6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed. - (a) if, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or - (b) if, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or - (c) if, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding. - (a) may be given on conditions the court or QCAT considers appropriate; and - (b) operates for the period fixed by the court or QCAT; and - (c) may be revoked or amended by the court or QCAT. - (a) seek arbitration on the review decision; or - (b) appeal against or apply for external review of the review decision.