Work Health and Safety Act 2011

An eligible person may apply to the Fair Work Commission for review (an external review) of:

a reviewable decision made by the regulator; or

a decision made, or taken to have been made, on an internal review.

The application must be made:

if the decision was to forfeit a thing (including a document), within 28 days after the day on which the decision first came to the applicant’s notice; or

in the case of any other decision, within 14 days after the day on which the decision first came to the applicant’s notice; or

if the regulator is required by the external review body to give the eligible person a statement of reasons, within 14 days after the day on which the statement is provided.

The Fair Work Commission may do any of the following in relation to the decision to which the application relates:

confirm the decision;

vary the decision;

set aside the decision and make a decision in substitution for the decision set aside.