Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002

Growthbuilt Pty Ltd v SafeWork NSW [2018] NSWIRComm 1002

The inspector’s belief that a serious risk was occurring at the site was not reasonable in all the circumstances because objective factors and available expert evidence demonstrated no imminent risk, and reasonable inquiries were not made. The notice was not justified and should be revoked.

Parties
Applicant: Growthbuilt Pty Ltd; Respondent: SafeWork NSW
Jurisdiction
Australia
Judgment Date
17 January 2018
Procedural Posture
External Review Application Under Work Health and Safety Act 2011 (nsw) / Final Judgment From External Review Before the Industrial Relations Commission
Outcome
Appeal allowed; external review upheld
Legal Topics
Prohibition Notice, Reasonable Belief Standard, Merits Review, OHS Enforcement, Statutory Interpretation, Reviewability of Decisions
Industrial Law Work Health and Safety Law Administrative Law Prohibition Notice Reasonable Belief Standard Merits Review OHS Enforcement Statutory Interpretation +1 more

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Parties

Growthbuilt Pty Ltd

Applicant

SafeWork NSW

Respondent

Procedural Posture

External Review Application Under Work Health and Safety Act 2011 (nsw) / Final Judgment From External Review Before the Industrial Relations Commission

Legal Issues

  1. 1 Whether the inspector's belief under s 195(1)(a) Work Health and Safety Act 2011 (NSW) was reasonable and justified
  2. 2 Whether a prohibition notice was validly issued on the basis of an objectively reasonable belief
  3. 3 The proper scope and test for 'reasonable belief' under the Act

Ratio Decidendi

The inspector’s belief that a serious risk was occurring at the site was not reasonable in all the circumstances because objective factors and available expert evidence demonstrated no imminent risk, and reasonable inquiries were not made. The notice was not justified and should be revoked.

Court Disposition

Appeal allowed; external review upheld

Orders

  • The external review is upheld.
  • The decision taken to have been made on the internal review is revoked.