McDonald v SafeWork NSW [2016] NSWCATAD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v SafeWork NSW [2016] NSWCATAD 197 Hearing dates: 22 June 2016 Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision of SafeWork NSW to cancel the Applicant's security clearance is affirmed. Catchwords: Explosives Act - security clearance –cancellation - fit and proper person – dishonesty Legislation Cited: Explosives Act 2003 Explosives Regulation 2013 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Christopher Alfred Clearihan v the Registrar of Motor Vehicle Dealers In the Australian Capital Territory [1994] ACTSC 101; (1994) 122 ACTR 25 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 589 Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37 Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Ex Parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Melbourne v The Queen [1999] HCA 32; [1999] 198 CLR 1 Obradovic -v- Commissioner for Fair Trading, Office of Fair Trading (GD) [2006] NSWADTAP 18 Ogilvie v Independent Liquor and Gaming Authority [2016] NSWCATAD 195 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board 20 SASR 70 Category: Principal judgment Parties: Peter McDonald (Applicant) SafeWork NSW (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Solicitors: P McDonald (Applicant in person) Crown Solicitors Office (First and Second Respondents) File Number(s): 1610153