Chapman v Safework NSW [2018] NSWCATAD 114

Chapman v Safework NSW [2018] NSWCATAD 114

The Tribunal found exceptional circumstances existed due to the applicant not receiving renewal documents and losing his licence card, and determined he should be allowed to apply for renewal within 21 days of receiving relevant documentation. Applicant's competency was accepted, and Safework NSW's refusal to renew was set aside.

Jurisdiction
Australia
Judgment Date
30 May 2018
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of Safework NSW refusing renewal set aside; matter remitted for reconsideration with directions.
Legal Topics
['high Risk Work Licence' 'dogging' 'forklift Trucks' 'bridge and Gantry Crane' 'licence Renewal' 'exceptional Circumstances']
['administrative Law'] ['high Risk Work Licence' 'dogging' 'forklift Trucks' 'bridge and Gantry Crane' 'licence Renewal' 'exceptional Circumstances']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to allow late lodgement of renewal application for high risk work licence' 'Whether applicant maintained competency to perform high risk work as required for licence renewal' 'Whether applicant breached requirement to report lost licence card']

Ratio Decidendi

The Tribunal found exceptional circumstances existed due to the applicant not receiving renewal documents and losing his licence card, and determined he should be allowed to apply for renewal within 21 days of receiving relevant documentation. Applicant's competency was accepted, and Safework NSW's refusal to renew was set aside.

Court Disposition

Decision of Safework NSW refusing renewal set aside; matter remitted for reconsideration with directions.

Orders

  • ["The decision of Safework NSW dated 14 September 2017 to refuse to renew Mr Chapman's high risk work licence is set aside." 'The Tribunal remits the matter to Safework NSW for reconsideration in accordance with specified directions including finding of exceptional circumstances, requirement to send renewal...