Work Health and Safety Act 2011

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.

If an application is made for internal review of a decision to issue a prohibition notice or a non-disturbance notice, the reviewer may stay the operation of the decision.

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.

The reviewer must make a decision on an application for a stay within one working day after the reviewer receives the application.

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.

A stay of the operation of a decision pending a decision on an internal review continues until whichever of the following is the earlier—

the end of the prescribed period for applying for an external review of the decision made on the internal review,

an application for external review is made.