Farquhar v SafeWork NSW [2017] NSWCATAD 378

Farquhar v SafeWork NSW [2017] NSWCATAD 378

The Tribunal found that Mr Farquhar had repeatedly breached multiple accreditation conditions, including high risk conditions affecting the integrity of high risk work assessments, and had demonstrated a lack of competence in conducting assessments. Given the repeated non-compliance despite corrective action notices, educative advice and verification reports, cancellation was consistent with the regulatory objective of workplace safety and was the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Review of Administrative Decision to Cancel Accreditation as a Safe Work NSW High Risk Work Assessor / Final Decision
Outcome
The Respondent's decision is affirmed.
Legal Topics
['high Risk Work Assessor Accreditation' 'cancellation of Accreditation' 'conditions of Accreditation' 'competency Assessments' 'workplace Safety']
['administrative Law' 'work Health and Safety'] ['high Risk Work Assessor Accreditation' 'cancellation of Accreditation' 'conditions of Accreditation' 'competency Assessments' 'workplace Safety']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Administrative Decision to Cancel Accreditation as a Safe Work NSW High Risk Work Assessor / Final Decision

Legal Issues

  1. 1 ['Had Mr Farquhar been in breach of conditions as set out by the Respondent?' 'Was Mr Farquhar competent to conduct assessments?' "Was the correct and preferable decision to cancel Mr Farquhar's accreditation?"]

Ratio Decidendi

The Tribunal found that Mr Farquhar had repeatedly breached multiple accreditation conditions, including high risk conditions affecting the integrity of high risk work assessments, and had demonstrated a lack of competence in conducting assessments. Given the repeated non-compliance despite corrective action notices, educative advice and verification reports, cancellation was consistent with the regulatory objective of workplace safety and was the correct and preferable decision.

Court Disposition

The Respondent's decision is affirmed.

Orders

  • ["The Respondent's decision is affirmed."]