McDonald v SafeWork NSW (No 2) [2018] NSWCATAD 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v SafeWork NSW (No 2) [2018] NSWCATAD 218 Hearing dates: 24 July 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: A Scahill, Senior Member Decision: 1. The First Respondent's decision that the Applicant is not a fit and proper person to hold a security clearance is set aside.

2. In substitution the Tribunal determines that Mr McDonald is to be issued with a security clearance Catchwords: ADMINISTRATIVE REVIEW - explosives licensing – security clearance – fit and proper person – criminal convictions - rehabilitation Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Explosives Act 2003 (NSW) Explosives Regulation 2013 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond ; (1990) 170 CLR 321; 1990] HCA 33 Boyle v SafeWork NSW Authority of New South Wales [2015] NSWCATAD 90 Department of Transport and Infrastructure v Murray [2011] NSWADTAP 16 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Loye v Director General, Department of Transport [2000] NSWADT 145 McDonald v SafeWork NSW [2016] NSWCATAD 197 197 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Robertson v Roads and Maritime Services [2015] NSWCATOD 47 Stevens v SafeWork NSW Authority of New South Wales [2014] NSWCATAD 202 Category: Principal judgment Parties: Peter McDonald (Applicant) SafeWork NSW (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: Ms Lindeman (Respondents)