Farquhar v SafeWork NSW [2017] NSWCATAD 378

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farquhar v SafeWork NSW [2017] NSWCATAD 378 Hearing dates: 2 and 3 November 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill Senior Member Decision: The Respondent's decision is affirmed Catchwords: High risk work; assessor accreditation; conditions Legislation Cited: Administrative Decisions Review Act 1997 Evidence Act 1995 Work Health and Safety Act 2011 Work Health and Safety Regulation 2011 Work Health and safety Regulation 2017 Category: Principal judgment Parties: Hilton Farquhar (Applicant) SafeWork NSW (Respondent) Representation: Applicant: Self represented Respondent: Mr O'Connell, solicitor File Number(s): 2017/214632

Reasons for decision

The Application before the Tribunal 1. Mr Farquhar, sought a review of a decision made by SafeWork NSW dated 13 April 2017, affirming an earlier decision to cancel his accreditation as a SafeWork NSW high risk work assessor. He first obtained accreditation in February 2010. This accreditation had been renewed and was due to expire in February 2017. 2. Mr Farquhar lodged his application for review in the Tribunal on 8 May 2017. 3. SafeWork NSW's decision to cancel Mr Farquhar's accreditation was made pursuant to the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 (in force at the time of the decision). There is now a new Regulation dated 2017 which is not relevantly different to the previous Regulation.