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Work Health and Safety Act 2011
228Stays of reviewable decisions on internal review
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228 Stays of reviewable decisions on internal review
(1) An application for an internal review of a reviewable decision (other
than a decision to issue a prohibition notice or a non-disturbance
notice) stays the operation of the decision.
(2) If an application is made for an internal review of a decision to issue
a prohibition notice or a non-disturbance notice, the reviewer may
stay the operation of the decision.
(3) The reviewer may make the decision to stay the operation of a
decision on the reviewer’s own initiative or on the application of the
applicant for review.
(4) The reviewer must make a decision on an application for a stay within
1 working day after the reviewer receives the application.
External review Division 12.3
(5) If the reviewer has not made a decision to stay a decision within the
time set out in subsection (4), the reviewer is taken to have made a
decision to grant a stay.
(6) A stay of the operation of a decision pending a decision on an internal
review continues until whichever of the following is earlier:
(a) the end of the prescribed period for applying for an external
review of the decision made on the internal review;
(b) an application for external review is made.