Henderson v SafeWork NSW [2023] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Henderson v SafeWork NSW [2023] NSWCATAD 73 Hearing dates: 20 October 2022 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATVE LAW – Administrative review – review of decision to refuse assessor accreditation - high risk work licence – operational experience – applicable standards – application of policy Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Work Health and Safety Act 2011 Work Health and Safety Regulation 2017 Cases Cited: Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Category: Principal judgment Parties: Warren Mitchell Henderson (Applicant) SafeWork NSW (Respondent) Representation: Solicitors: A Mearrick (Agent) (Applicant) NSW Department of Customer Service, Legal (Respondent) File Number(s): 2022/00202049 Publication restriction: Nil

Reasons for Decision

Introduction 1. This is an application by Mr Warren Henderson ("the Applicant") for review of a decision by SafeWork NSW ("the Respondent" or "the Regulator") to refuse his application for accreditation as a high risk work licence ("HRWL") assessor under the Work Health and Safety Act 2011 ("the Act") and the Work Health and Safety Regulation 2017 ("the Regulation"). 2. The Respondent refused the application on the basis that the Applicant did not meet the requirements of the Regulation in that he had not demonstrated at least two years relevant industry and operational experience gained in the preceding two years in the high risk work for which accreditation was sought. 3. The determination was confirmed on internal review. 4. The Applicant has applied to the Tribunal seeking external review under the Administrative Decisions Review Act 1997 ("the ADR Act").