Work Health and Safety Act 2020

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 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.

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 1 day after the day on which 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.