Kovic v SafeWork NSW [2019] NSWIRComm 1040

Industrial Relations Commission New South Wales Medium Neutral Citation: Kovic v SafeWork NSW [2019] NSWIRComm 1040 Hearing dates: 8 March, 13 May 2019 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: (1) The decision of the SafeWork inspector made on or about 18 May 2018 to cancel the Provisional Improvement Notice issued by Mr Kovic to the Department of Family and Community Services on 16 November 2017 is revoked.

(2) The decision of SafeWork's internal reviewer made on or about 15 June 2018 confirming the decision of the inspector to cancel the Provisional Improvement Notice is revoked. Catchwords: Work Health and Safety – application for external review – Provisional Improvement Notice issued by Health and Safety Representative – request to SafeWork to appoint an inspector to review the notice not made within seven days after the notice was issued – decision of inspector to cancel notice – internal review upheld the decision of the inspector – whether the decision by the inspector to cancel the notice was invalid Legislation Cited: Commonwealth Conciliation and Arbitration Act 1904-1948 Industrial Relations Act 1996 Work Health and Safety Act 2011 Cases Cited: Anthony Hordern and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 41 FLR 338 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 R v Wallis; Ex parte Employers Association of Wool Selling Brokers (1949) 78 CLR 529 Secretary, Department of Social Security v Alvaro (1994) 50 FCR 213 Category: Principal judgment Parties: Frank Kovic (Applicant) SafeWork NSW (Respondent) Department of Family and Community Services (Intervenor) Representation: Counsel: Ms L Saunders (Applicant) Mr C McGee (Respondent) Mr K Brotherson (Intervenor)