Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:3_81
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 3 cl 81
Character Range: 2341651–2343978

81  Appeals concerning OHS inspections etc.—associated rules and procedure

Appeal does not affect the operation of a decision
 (3) Subject to this clause, the making of an appeal under this Division against a decision does not affect the operation of the decision or prevent the taking of action to implement the decision, except to the extent that the reviewing authority makes an order to the contrary.

Suspension of OHS improvement notices
 (4) If the decision appealed against is a decision to which item 8 of the table in subclause 80A(1) applies, the operation of the decision is suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.
Note: Item 8 of the table in subclause 80A(1) applies to a decision to issue an OHS improvement notice, or to exercise a corresponding power under section 602E.
 (5) If the decision appealed against is a decision of a NOPSEMA inspector, under clause 39, to confirm or vary a provisional OHS improvement notice whose operation has been suspended pending the inspection of the matter to which the notice relates, the operation of the notice is further suspended pending determination of the appeal, except to the extent that the reviewing authority makes an order to the contrary.

Reviewing authority's decision on appeal
 (6) The reviewing authority may:
 (a) affirm or revoke the decision appealed against under this Division; and
 (b) if it revokes the decision—substitute such other decision as it thinks appropriate.
 (7) If the decision is:
 (a) varied; or
 (b) revoked; or
 (c) revoked with the substitution of another decision;
the decision is taken to have effect, and always to have had effect, accordingly.
 (7A) An appeal against a decision is to be determined on the basis of the circumstances which prevailed at the time the decision was made.

Inspector's duty to return plant etc. to the workplace
 (8) If:
 (a) the decision appealed against is a decision under clause 75 to take possession of plant, a substance or a thing at a workplace; and
 (b) the decision is not affirmed;
the inspector who made the decision must ensure that, to the extent that the decision is not affirmed, the plant, substance or thing is returned to the workplace as soon as practicable.

Part 5—General provisions