Western Australian Numbered Acts Western Australian Numbered Acts (1) The commencement
of a proceeding for the review of a decision does not affect the operation of
the decision or prevent the taking of action to implement the decision
unless —
(a) the
enabling Act states otherwise; or
(b) the
Tribunal makes an order under subsection (2).
(2) The Tribunal, on
the application of a party or on its own initiative, may make an order staying
the operation of a decision that is the subject of a proceeding for review.
(3) The
Tribunal’s power to make an order under subsection (2) is
exercisable by —
(a) a
legally qualified member; or
(b) the
presiding member if the Tribunal as constituted for a hearing does not consist
of or include a legally qualified member.
(4) The Tribunal may
make an order under subsection (2) only if it considers that it is
desirable to do so after taking into account —
(a) the
interests of any persons whose interests may be affected by the order;
(b) any
submission made by or on behalf of the decision-maker; and
(c) the
public interest.
(5)
Subsection (4)(a) does not require the Tribunal to give any person whose
interests may be affected by the order an opportunity to be heard.
(6) In making an order
under subsection (2), the Tribunal —
(a) may
require any undertaking as to costs or damages that it considers appropriate;
and
(b) may
make provision for the lifting of the order if specified conditions are met.
(7) The Tribunal may
assess any costs or damages referred to in subsection (6)(a) and any
amount so assessed is a debt recoverable in a court of competent jurisdiction.