2020-02-11 P&E Agenda - Item 4 - Attachment 1 - Noosa Shire Council Local Law No 1 (Administration) 2015

                     Noosa Shire Council Local Law No. 1 (Administration) 2015              15


          (a)   if the person is given an information notice for the decision—the day the
                person is given the notice; or
          (b)   if paragraph (a) does not apply—the day the person otherwise becomes
                aware of the original decision.
     (3) However, the local government may, at any time, extend the time for making a
         review application.
     (4) The review application must be in writing and—
          (a)   accompanied by a statement of the grounds on which the applicant seeks the
                review of the decision; and
          (b)supported by enough information to enable the local government to decide
             the application.
23   Review decision
     (1) The local government must review the original decision within 28 days after
         receiving a review application and make a decision (the review decision) to—
          (a)   confirm the original decision; or
          (b)   amend the original decision; or
          (c)   substitute another decision for the original decision.
     (2) The application must not be dealt with by—
          (a)   the person who made the original decision; or
          (b)   a person in a less senior office than the person who made the original
                decision, unless the original decision was made by the chief executive
                officer.
     (3) The local government must, within 5 days of making the review decision, give the
         applicant notice of the decision (the review notice).
     (4) If the review decision is not the decision sought by the applicant, the review notice
         must also state the reasons for the review decision.
     (5) If the local government does not give the review notice within the 5 days, the local
         government is taken to have made a review decision confirming the original
         decision.

24   Stay of operation of original decision
     (1) A review application does not stay the original decision that is the subject of the
         application.
     (2) However, the applicant may, immediately after being given the information notice
         about the original decision, apply to the Magistrates Court for a stay of the original
         decision.
     (3) The court may stay the original decision to secure the effectiveness of the review.
     (4) A stay may be granted on conditions the court considers appropriate.



Part 5                 Enforcement