Byrne Demolition Pty Ltd v SafeWork NSW [2019] NSWIRComm 1008

Byrne Demolition Pty Ltd v SafeWork NSW [2019] NSWIRComm 1008

The inspector's belief that there was no system in place to prevent a person from falling over 3 metres was based on a misconception about the rope length and harness system. The actual system did prevent such a fall, and the discretion to issue the Prohibition Notice was not exercised on a reasonable basis. Accordingly, the notice must be revoked.

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
External Review Application Under Work Health and Safety Act 2011 / Final Determination
Outcome
External review upheld, Prohibition Notice revoked
Legal Topics
['prohibition Notice' 'external Review' 'reasonable Belief' 'fall Prevention' 'demolition']
['work Health and Safety' 'industrial Relations'] ['prohibition Notice' 'external Review' 'reasonable Belief' 'fall Prevention' 'demolition']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

External Review Application Under Work Health and Safety Act 2011 / Final Determination

Legal Issues

  1. 1 ['Whether the inspector had a reasonable belief to issue the Prohibition Notice under s 195 of the Work Health and Safety Act 2011' 'Whether the system in place prevented a serious risk of falling during demolition work' 'Whether the discretion to issue the notice was exercised appropriately']

Ratio Decidendi

The inspector's belief that there was no system in place to prevent a person from falling over 3 metres was based on a misconception about the rope length and harness system. The actual system did prevent such a fall, and the discretion to issue the Prohibition Notice was not exercised on a reasonable basis. Accordingly, the notice must be revoked.

Court Disposition

External review upheld, Prohibition Notice revoked

Orders

  • ['The external review is upheld' 'Prohibition Notice 60196 is revoked']