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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 24 November 2017 at 18:37)
Part 12 Division 2
Division 2 Internal review
224   Application for internal review
(1)  An eligible person in relation to a reviewable decision, other than a decision made by the regulator or a delegate of the regulator, may apply to the regulator for review (an internal review) of the decision within:
(a)  the prescribed time after the day on which the decision first came to the eligible person’s notice, or
(b)  such longer period as the regulator allows.
(2)  The application must be made in the manner and form required by the regulator.
(3)  For the purposes of this section, the prescribed time is:
(a)  in the case of a decision to issue an improvement notice the period specified in the notice for compliance with the notice or 14 days, whichever is the lesser, and
(b)  in any other case, 14 days.
225   Internal reviewer
(1)  The regulator may appoint a person or body to review decisions on applications under this Division.
(2)  The person who made the decision cannot be an internal reviewer in relation to that decision.
226   Decision of internal reviewer
(1)  The internal reviewer must review the reviewable decision and make a decision as soon as is reasonably practicable and within 14 days after the application for internal review is received.
(2)  The decision may be:
(a)  to confirm or vary the reviewable decision, or
(b)  to set aside the reviewable decision and substitute another decision that the internal reviewer considers appropriate.
(3)  If the internal reviewer seeks further information from the applicant, the 14-day period ceases to run until the applicant provides the information to the internal reviewer.
(4)  The applicant must provide the further information within the time (being not less than 7 days) specified by the internal reviewer in the request for information.
(5)  If the applicant does not provide the further information within the required time, the decision is taken to have been confirmed by the internal reviewer at the end of that time.
(6)  If the reviewable decision is not varied or set aside within the 14-day period, the decision is taken to have been confirmed by the internal reviewer.
227   Decision on internal review
As soon as practicable after reviewing the decision, the internal reviewer must give the applicant in writing:
(a)  the decision on the internal review, and
(b)  the reasons for the decision.
228   Stays of reviewable decisions
(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 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 one 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.