WORK HEALTH AND SAFETY ACT 2011 - SECT 102D
Review of particular decisions made by inspector
WORK HEALTH AND SAFETY ACT 2011 - SECT 102D
Review of particular decisions made by inspector
102D Review of particular decisions made by inspector
(1) In dealing with the dispute , the 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 . (2) If
the commission reviews a compliance decision under subsection (1) , the
commission— (a) may decide to— (i) confirm or vary the
compliance decision ; or (ii) set aside the compliance decision and substitute
another decision the commission considers appropriate; or (iii) set aside the
compliance decision and return the matter to the inspector who made it with
directions the commission considers appropriate; and (b) must give the
regulator notice of— (i) the commission’s decision to review the
compliance decision ; and (ii) any decision made by the commission under
paragraph (a) (the
"review decision" ). (3) 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 the
commission’s decision to review the compliance decision under this section.
(4) Despite section 102C (3) , the commission must not make an order staying
the operation of the compliance decision . (5) A compliance decision reviewed
by the commission under this section is, from the time the commission decides
to review the decision , taken not to be a reviewable decision under
section 223 . (6) If the compliance decision is or has been the subject of
review proceedings under part 12 — (a) any review of the
compliance decision , or any stay of the operation of the compliance decision ,
under that part ends when the commission decides to review the
compliance decision ; and (b) subsection (5) does not affect the validity of
any action taken under part 12 before the making of the commission’s
decision to review the compliance decision .
http://www.austlii.edu.au/au/legis/qld/consol_act/whasa2011218/s102d.html