Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 128

Internal review

128. Internal review



(1) An eligible person in relation to a reviewable decision, other than a
decision made by the Authority, may apply to the Authority for review of the
decision within-

   (a)  14 days after the day on which the decision first came to the eligible
        person's notice; or

   (b)  such longer period as the Authority allows.

(2) The application must be in the form approved (in writing) by the
Authority.

(3) If an application is made to the Authority in accordance with this
section, the Authority must make a decision-

   (a)  to affirm or vary the reviewable decision; or

   (b)  to set aside the reviewable decision and substitute another decision
        that the Authority considers appropriate.

(4) The Authority must give a written notice to the applicant setting out-

   (a)  the Authority's decision under subsection (3) and the reasons for the
        decision; and

   (b)  the findings on material questions of fact that led to the decision,
        referring to the evidence or other material on which those findings
        were based-

and must do so within 14 days after the application is made or, if the
reviewable decision was made under section 111(3)(a) or 112(1), within 7 days
after the application is made.

(5) If the Authority has not notified an applicant of a decision in accordance
with subsection (4), the Authority is taken to have made a decision to affirm
the reviewable decision.

(6) An application under this section does not affect the operation of the
reviewable decision or prevent the taking of any action to implement it unless
the Authority, on its own initiative or on the application of the applicant
for review, stays the operation of the decision pending the determination of
the review.

(7) The Authority must make a decision on an application for a stay within 24
hours after the making of the application.

(8) If the Authority has not made a decision in accordance with subsection
(7), the Authority is taken to have made a decision to grant a stay.

(9) The Authority may attach any conditions to a stay of the operation of a
reviewable decision that it considers appropriate.