Section 228 — Work Health and Safety Act 2011: 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. (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.