Visscher v SafeWork NSW (No 3) [2023] NSWSC 317

Visscher v SafeWork NSW (No 3) [2023] NSWSC 317

The Commission had jurisdiction to determine Mr Visscher’s review application and appeal/cross-appeal. The building site was a workplace and Mr Visscher was conducting an undertaking for purposes of the WHS Act, even when working alone. Public interest immunity attached to the identity of the Requestor and certain documents; the Full Bench did not err in its approach and application of the statutory scheme. Orders sought by Mr Visscher must be refused.

Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Amended summons dismissed; costs order against Mr Visscher.
Legal Topics
['judicial Review' 'jurisdictional Error' 'statutory Construction' 'work Health and Safety' 'public Interest Immunity']
['administrative Law' 'statutory Interpretation' 'evidence'] ['judicial Review' 'jurisdictional Error' 'statutory Construction' 'work Health and Safety' 'public Interest Immunity']

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Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the Commission had jurisdiction to determine Mr Visscher’s review application and appeal/cross-appeal' "Whether the building site was a 'workplace' and Mr Visscher was conducting an 'undertaking' under the WHS Act" 'Whether public interest immunity attached to the identity of the Requestor and redacted documents' 'Whether the Full Bench erred by denying procedural fairness or exercising jurisdiction it did not have']

Ratio Decidendi

The Commission had jurisdiction to determine Mr Visscher’s review application and appeal/cross-appeal. The building site was a workplace and Mr Visscher was conducting an undertaking for purposes of the WHS Act, even when working alone. Public interest immunity attached to the identity of the Requestor and certain documents; the Full Bench did not err in its approach and application of the statutory scheme. Orders sought by Mr Visscher must be refused.

Court Disposition

Amended summons dismissed; costs order against Mr Visscher.

Orders

  • ['The amended summons be dismissed.' "Mr Visscher must bear SafeWork's costs, as agreed or assessed."]