Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41

Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41

Procedural fairness in the administrative review of licence cancellations under the Explosives Act 2003 (NSW) does not require criminal-type charge particularisation nor application of Briginshaw where the proceedings are civil. Fitness and propriety may properly take into account the conduct and knowledge of the licence-holder, as demonstrated in evidence and litigation stance. There was no error of law in NCAT's findings concerning 'storage' on the facts, nor did the Appeal Panel exceed its jurisdiction. The appeal was therefore dismissed.

Parties
Applicant: Bronze Wing International Pty Ltd; Applicant: Gregory Charles Boyle; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Appeal / Court of Appeal (nswca) Determination on Appeal From Supreme Court, Which Reviewed an Appeal Panel of Ncat, Which Reviewed an NCAT Senior Member Decision Affirming Administrative Cancellation of Licences and Security Clearance.
Outcome
Leave to appeal granted; appeal dismissed with costs; existing stay continued for 14 days only.
Legal Topics
Licensing Cancellation, Procedural Fairness, Natural Justice, Fit and Proper Person Test, Administrative Review, Statutory Construction, Standard of Proof, Briginshaw Principle
Administrative Law Licensing Cancellation Procedural Fairness Natural Justice Fit and Proper Person Test Administrative Review Statutory Construction Standard of Proof +1 more

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Parties

Bronze Wing International Pty Ltd

Applicant

Gregory Charles Boyle

Applicant

SafeWork NSW

Respondent

Procedural Posture

Appeal / Court of Appeal (nswca) Determination on Appeal From Supreme Court, Which Reviewed an Appeal Panel of Ncat, Which Reviewed an NCAT Senior Member Decision Affirming Administrative Cancellation of Licences and Security Clearance.

Legal Issues

  1. 1 Whether procedural fairness required further notice or particulars in administrative review of licence cancellation under Explosives Act 2003 (NSW)
  2. 2 Whether NCAT was required to apply the Briginshaw principle or civil standard of proof in fitness/propriety findings
  3. 3 Proper construction of 'storage' and 'handling' under Explosives Act 2003 (NSW)

Ratio Decidendi

Procedural fairness in the administrative review of licence cancellations under the Explosives Act 2003 (NSW) does not require criminal-type charge particularisation nor application of Briginshaw where the proceedings are civil. Fitness and propriety may properly take into account the conduct and knowledge of the licence-holder, as demonstrated in evidence and litigation stance. There was no error of law in NCAT's findings concerning 'storage' on the facts, nor did the Appeal Panel exceed its jurisdiction. The appeal was therefore dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed with costs; existing stay continued for 14 days only.

Orders

  • Grant leave to appeal.
  • Appeal dismissed with costs.