Stevens v WorkCover Authority of New South Wales [2014] NSWCATAD 202

Stevens v WorkCover Authority of New South Wales [2014] NSWCATAD 202

While the applicant has a history of AVOs and one conviction for common assault, none of his criminal history relates directly to his work, his employment record under the clearance is unblemished, and the risk to public safety is minimal. Taking into account the discretionary nature of cancellation under cl 14(1) and s 21(b), the applicant is, for the work in question, presently a fit and proper person to hold a security clearance. The decision to cancel the clearance is set aside, subject to a condition that reinstatement occur only after expiry of the then-current AVO.

Parties
Applicant: Scott Stevens; First Respondent: WorkCover Authority New South Wales; Second Respondent: Commissioner of Police, New South Wales Police Force
Jurisdiction
Australia
Judgment Date
21 November 2014
Procedural Posture
Administrative Review / Merits Review of Licence Cancellation Decision
Outcome
Decision under review set aside. Security clearance not to be reinstated until after expiration of current AVO on 15 December 2014.
Legal Topics
Explosives Licensing, Security Clearances, Fit and Proper Person, Statutory Interpretation, Domestic Violence and Licensing
Administrative Law Occupational Licensing Public Safety Explosives Licensing Security Clearances Fit and Proper Person Statutory Interpretation Domestic Violence and Licensing

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Scott Stevens

Applicant

WorkCover Authority New South Wales

First Respondent

Commissioner of Police, New South Wales Police Force

Second Respondent

Procedural Posture

Administrative Review / Merits Review of Licence Cancellation Decision

Legal Issues

  1. 1 Whether the applicant is a 'fit and proper person' to hold a security clearance under the Explosives Act 2003 and Explosives Regulation 2013
  2. 2 Whether the decision to cancel the applicant's security clearance should be affirmed, varied or set aside
  3. 3 Interpretation and application of discretionary power under cl 14(1) of the Explosives Regulation and s 21(b) of the Explosives Act

Ratio Decidendi

While the applicant has a history of AVOs and one conviction for common assault, none of his criminal history relates directly to his work, his employment record under the clearance is unblemished, and the risk to public safety is minimal. Taking into account the discretionary nature of cancellation under cl 14(1) and s 21(b), the applicant is, for the work in question, presently a fit and proper person to hold a security clearance. The decision to cancel the clearance is set aside, subject to a condition that reinstatement occur only after expiry of the then-current AVO.

Court Disposition

Decision under review set aside. Security clearance not to be reinstated until after expiration of current AVO on 15 December 2014.

Orders

  • Decision under review set aside.
  • Security clearance not to be reinstated until after expiration of current AVO on 15 December 2014.