Chapman v Safework NSW [2018] NSWCATAD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chapman v Safework NSW [2018] NSWCATAD 114 Hearing dates: 20 March 2018 Date of orders: 30 May 2018 Decision date: 30 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: 1. The decision of Safework NSW dated 14 September 2017 to refuse to renew Mr Chapman's high risk work licence is set aside.

2. The Tribunal remits the matter to Safework NSW for reconsideration in accordance with the following directions:

(a) that, in accordance with cl 103 (b) of the Work Health and Safety Regulation 2017, Mr Chapman has satisfied the Tribunal that exceptional circumstances exist;

(b) that Safework NSW forward to Mr Chapman both by email and postal delivery the relevant documentation for renewal of his high risk work licence within seven days of the publication of this decision; and

(c) that, in accordance with cl 103 (b) of the Work Health and Safety Regulation 2017, the Tribunal allows Mr Chapman to lodge his application for renewal of his high risk work within a longer period than 12 months after the expiry of the licence, namely within 21 days of receipt by Mr Chapman of the relevant documentation from Safework NSW for renewal of his high risk work licence.

3. The Tribunal recommends that in assessing any documentation lodged by Mr Chapman for renewal of his high risk work licence, Safework NSW take into account Mr Chapman's evidence to the Tribunal in relation to his competency to carry out the relevant high risk work. Catchwords: ADMINISTRATIVE LAW - High Risk Work Licence – Dogging – Forklift Trucks – Bridge and Gantry Crane – renewal documents not received by applicant - whether exceptional circumstances to allow late lodgement of renewal application. Legislation Cited: Administrative Decisions Review Act 1997 Work Health and Safety Regulation 2011 Cases Cited: Nil Category: Principal judgment Parties: Michael Chapman (Applicant) Safework NSW (Respondent ) Representation: Applicant: self-represented