Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90 Hearing dates: 17 October 2014, 18 October 2014, 8 December 2014 Decision date: 05 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Lucy, Senior Member Decision: 1. The respondent's decisions to cancel the manufacturing licence and import/export licence of Bronze Wing Ammunition Pty Ltd pursuant to s 21(b) of the Explosives Act 2003 are affirmed. 2. The respondent's decision to cancel the security clearance of Gregory Boyle pursuant to s 21(b) of the Explosives Act 2003 is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Explosives – Licence to Manufacture – Licence to Import and Export – Cancellation of licences – Whether breach of condition – Whether regulations defining scope of authority conferred by licence impose conditions - Whether licence holder fit and proper person – Considerations when licence holder is a corporation – Relevance of character and conduct of responsible person for the corporation. EXPLOSIVES – Security clearance – Cancellation – Whether holder of security clearance fit and proper person Legislation Cited: Firearms Act 1996 (NSW) Explosives Act 2003 (NSW) Explosives Regulation 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Stevens v WorkCover Authority of New South Wales [2014] NSWCATAD 202 Director General, Transport NSW v AIC [2011] NSWADTAP 65 Lal v Director-General, Department of Transport [2001] NSWADT 74 McMicking v Commissioner of Police, NSW Police Force [2014] NSWCATOD 95 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Cosgrove v Chief Executive Officer, WorkCover New South Wales [2007] NSWADT 13 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bond v Australian Broadcasting Tribunal (1989) 89 ALR 185 Creaser v Savannah Associates Ltd [2003] ACTCA 26 Tannous v Commissioner of Police [2011] NSWADT 116 Lane v Commissioner of Police, NSW Police Force [2013] NSWADT 85 Nakad v Commissioner of Police NSW Police Force [2013] NSWADT 169 Category: Principal judgment Parties: Gregory Charles Boyle (First Applicant) Bronze Wing Ammunition Pty Ltd (Second Applicant) WorkCover Authority of NSW (Respondent) Representation: Counsel: J Pennell (Applicant) H El-Hage (Respondent)