Lawrence v Coal Mining Qualifications Board (NSW) [2004] FCA 37

FEDERAL COURT OF AUSTRALIA

Lawrence v Coal Mining Qualifications Board (NSW) [2004] FCA 37 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal – review of decision of local registration authorities in respect of mutual recognition of occupations – whether Tribunal in error of law in determining that joint ministerial declarations had not been applied consistently with general common law rule applicable to changes in legislation – whether Tribunal in error of law in application of statutory provisions relating to equivalence of occupation – whether Tribunal in error of law in not finding that local registration authorities should have enquired into issue of equivalence – whether leave should be granted for additional grounds of appeal – proposed ground concerning reliance on an additional qualification – proposed ground concerning legitimate expectation Acts Interpretation Act 1901 (Cth) ss 8, 46A, 50 Mutual Recognition Act 1992 (Cth) ss 4(1), 17, 28, 29, 30, 31, 32, 34 Mutual Recognition Act 1992 (NSW) s 32 Mines Safety and Inspection Regulations 1995 (WA) reg 2.21 Board of Examiners under the Mines Safety and Inspection Act 1994 (WA) v Lawrence (2000) 100 FCR 255 cited Esber v The Commonwealth (1992)174 CLR 430 cited Lawrence and Coal Mining Qualifications Board, Department of Mineral Resources (NSW), Re (2002) 70 ALD 496 affirmed Maxwell v Murphy (1957) 96 CLR 261 considered QUENTIN DERRICK LAWRENCE v COAL MINING QUALIFICATIONS BOARD (NSW) and BOARD OF EXAMINERS, DEPARTMENT OF NATURAL RESOURCES AND MINES (QLD) W193 of 2002 RD NICHOLSON J 30 JANUARY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W193 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: QUENTIN DERRICK LAWRENCE

APPELLANT