Work Health and Safety Act 2012

In dealing with the dispute, SAET (constituted as an industrial relations commission) may review a decision (a compliance decision) made by an inspector to exercise, or not to exercise, compliance powers under Part 10 to assist in resolving the dispute.

If

may decide to—

confirm or vary the compliance decision; or

set aside the compliance decision and substitute another decision that

set aside the compliance decision and return the matter to the inspector who made it with directions that SAET considers appropriate; and

must give the regulator notice of—

SAET's decision to review the compliance decision; and

any decision made by SAET under paragraph (a) (the review decision).

A notice mentioned in subsection (2)(b)(i) must state that any review of the compliance decision, or any stay of the operation of the compliance decision, under Part 12 ends on the making of SAET's decision to review the compliance decision under this section.

Despite section 102C(3),

A compliance decision reviewed by SAET under this section is, from the time SAET decides to review the decision, taken not to be a reviewable decision under section 223.

If the compliance decision is or has been the subject of review proceedings under Part 12—

any review of the compliance decision, or any stay of the operation of the compliance decision, under that Part ends when SAET decides to review the compliance decision; and

subsection (5) does not affect the validity of any action taken under Part 12 before the making of SAET's decision to review the compliance decision.