Boyle v WorkCover Authority of New South Wales [2015] NSWCATAP 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyle v WorkCover Authority of New South Wales [2015] NSWCATAP 183 Hearing dates: 27 and 28 July 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Appeal Panel Before: Emeritus Professor M Chesterman, Principal Member R Titterton, Senior Member Decision: The appeal is dismissed; The stay granted by the Appeal Panel on 2 June 2015 of Orders 1 and 2 made by the Tribunal on 5 May 2015 is to continue for 28 days following the date of this decision, and is then to be discharged. Catchwords: Explosives Act 2003 – cancellation of licences to manufacture and to import/export explosives – cancellation of security clearance – whether licence holder fit and proper person – meaning of 'storing' – whether licence holder responsible for 'handling' of explosives that it had sold – procedural fairness – standard of proof Legislation Cited: Civil and Administrative Tribunal Act 2013; Explosives Act 2003; Explosives Amendment Act 2013; Explosives Regulation 2013; Firearms Act 1996 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Botany Bay City Council v BIG Transport Pty Ltd [2006] NSWCA 57 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Council of the Law Society of New South Wales v Harrison [2010] NSWADT 201 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Kioa v West [1985] HCA 81; 159 CLR 550 Kirk v Industrial Commission [2010] HCA 1 Law Society of NSW v Orford (No 2) [2008] NSWADT 221 McGee v Chitty [2011] WASCA 125 VEAL v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 Category: Principal judgment Parties: Gregory Charles Boyle (First Appellant) Bronze Wing Ammunition Pty Ltd ACN 145 457 263 (Second Appellant) WorkCover Authority of New South Wales (Respondent) Representation: Counsel: C McGrath SC and C Wood (Appellants) H El Hage (Respondent)