Dare v SafeWork NSW [2021] NSWCATAD 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dare v SafeWork NSW [2021] NSWCATAD 12 Hearing dates: On the papers Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) Pursuant to Section 50(2) of Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with an oral hearing in this matter. (2) The decision of SafeWork NSW to cancel Mr Dare's accreditation as a high risk work licence assessor and to disqualify him from reapplying for a period of 5 years is set aside. (3) In its place the Tribunal suspends Mr Dare's accreditation as a high risk work licence assessor from the period from 1 June 2020 until now, with the result that Mr Dare has now served his suspension in full. (4) SafeWork NSW is to restore Mr Dare's accreditation documents to him forthwith. Catchwords: ADMINISTRATVE LAW – Administrative review – review of decision to cancel and disqualify the accreditation of an assessor of high risk work licences under cl 134 of the Work Health and Safety Regulation 2017 – whether Conditions for conducting high risk work license assessments in NSW breached – decisions set aside and varied Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Independent Commissioner Corruption Act 1988 Privacy and Data Protection Act 2014 (Vic) Privacy and Personal Information Protection Act 1998 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Texts Cited: None Category: Principal judgment Parties: Trevor William Dare (Applicant) SafeWork NSW (Respondent) Representation: Solicitors: Everingham Solomons (Applicant) Department of Customer Services, Legal (Respondent) File Number(s): 2020/00191704 Publication restriction: None