Improvement notices are automatically ‘stayed’ (or suspended) once an application for a review is lodged. That means they do not operate and can’t be enforced during the internal review period and until a decision is made.

However, decisions under the Regulations cannot be stayed by an application for a review, nor can one be requested.

You need to request a stay of the operation of a prohibition or non-disturbance notice or the reviewer can decide to stay the operation of the notice on their own initiative.

On application for the stay, a reviewer must either grant or refuse itwithin one working day of the request being made. If a decision is not made within that time, the stay is automatically granted.

The reviewer will provide an applicant who wants a notice stayed with a decision in writing of the outcome of that application.

If granted, a stay continues until either:

  • end of the prescribed period for applying for an external review of the internal review decision, or
  • application for external review is made, whichever is earlier.