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Work Health and Safety (National Uniform Legislation) 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.
Work Health and Safety (National Uniform Legislation) Act 2011 122
(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.
(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 the
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.