Edway Training Pty Ltd v SafeWork NSW [2021] NSWCATAD 152

Edway Training Pty Ltd v SafeWork NSW [2021] NSWCATAD 152

The Tribunal does not have jurisdiction to review SafeWork NSW's refusal to enter into a contract with an RTO to deliver General Construction Induction Training in NSW because no enabling legislation or regulation makes such a decision reviewable; the application is therefore dismissed for want of jurisdiction.

Parties
Applicant: Edway Training Pty Ltd; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
03 June 2021
Procedural Posture
Administrative Review / Jurisdictional Determination; Application for Administrative Review Dismissed for Want of Jurisdiction
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Jurisdiction of Tribunal, Administrative Review, Reviewable Decisions, Contracts With Registered Training Organisations (rtos), General Construction Induction Training (git)
Administrative Law Jurisdiction of Tribunal Administrative Review Reviewable Decisions Contracts With Registered Training Organisations (rtos) General Construction Induction Training (git)

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Parties

Edway Training Pty Ltd

Applicant

SafeWork NSW

Respondent

Procedural Posture

Administrative Review / Jurisdictional Determination; Application for Administrative Review Dismissed for Want of Jurisdiction

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review SafeWork NSW's refusal to enter into a contract with an RTO to conduct General Construction Induction Training in NSW
  2. 2 Whether such a decision is a reviewable decision under the relevant legislation

Ratio Decidendi

The Tribunal does not have jurisdiction to review SafeWork NSW's refusal to enter into a contract with an RTO to deliver General Construction Induction Training in NSW because no enabling legislation or regulation makes such a decision reviewable; the application is therefore dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter.
  • The application is dismissed for want of jurisdiction.