Tanti Industries Pty Ltd v WorkCover Authority of New South Wales [2010] NSWADT 15

CITATION: Tanti Industries Pty Ltd v WorkCover Authority of New South Wales [2010] NSWADT 15

DIVISION: General Division

APPLICANT Tanti Industries Pty Ltd PARTIES: RESPONDENT WorkCover Authority of New South Wales

FILE NUMBER: 093231

HEARING DATES: 27 November 2009

SUBMISSIONS CLOSED: 30 November 2009

DATE OF DECISION: 15 January 2010

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Occupational Health and Safety Act - demolition licence - refusal to renew licence

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Occupational Health and Safety Act 2000 Occupational Health and Safety Regulation 2001

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 CASES CITED: Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Sobey v Commercial and Private Agents Board 20 SASR 70 Obradovic v Commissioner for Fair Trading, Office of Fair Trading (GD) [2006] NSWADTAP 18

APPLICANT D Tanti, agent REPRESENTATION: RESPONDENT L Welsch, barrister

ORDERS: The decision to refuse renewal of the Applicant's restricted demolition licence is affirmed.

REASONS FOR DECISION

1 This is an application by Tanti Industries Pty Ltd ("the Applicant") for review of a decision by a delegate of the Chief Executive of the WorkCover Authority of New South Wales ("WorkCover") to refuse renewal of the Applicant's restricted demolition licence.

2 The Applicant held a Restricted Demolition Licence that expired in November 2008. Mr David Tanti, the sole director of the Applicant, applied for renewal of that licence. That application for renewal was unsuccessful. WorkCover was not satisfied that Mr Tanti, as a director of the Applicant, is a fit and proper person to hold a Restricted Demolition Licence.