Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 102D

102D Review of particular decisions made by inspector

(1) Subsections (1A) to (2A) apply if the dispute relates to any of the following decisions (each an
"original decision" ) made by an inspector—

(a) a decision under section 54 (5) or 76 (6B) ;

(b) a decision (a
"compliance decision" ) to exercise, or not to exercise, compliance powers under part 10 to assist in resolving the dispute.

(1A) In dealing with the dispute under this division, the commission may review the decision.

(2) If the commission reviews the original decision under subsection (1A) , the commission—

(a) may decide to—

(i) confirm or vary the original decision; or

(ii) set aside the original decision and substitute another decision the commission considers appropriate; or

(iii) set aside the original 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 original decision; and

(ii) any decision made by the commission under paragraph (a) (the
"review decision" ).

(2A) Despite section 102C (3) , the commission must not make an order under this division staying the operation of the original decision.

(2B) Subsections (3) to (6) apply if the dispute relates to an original decision that is a compliance 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.

(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.