Rees v Safework NSW [2023] NSWCATAD 325

Rees v Safework NSW [2023] NSWCATAD 325

Connecting a cantilevered materials hoist to electricity supply via a flexible cord plug and socket outlet does not constitute 'electrical work' under the Work Health and Safety Regulation 2017 cl 146(2)(a), and Task 7 of the NAI requires electrification for proper assessment. The suspension of accreditation was lawful as Mr Rees did not comply with Conditions 50 and 62.

Jurisdiction
Australia
Judgment Date
18 December 2023
Procedural Posture
Administrative Review / Merits Review at Tribunal
Outcome
Decision affirmed
Legal Topics
['accreditation Suspension' 'high Risk Work Licence Assessment' 'compliance With Conditions']
['administrative Law' 'work Health and Safety'] ['accreditation Suspension' 'high Risk Work Licence Assessment' 'compliance With Conditions']

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Procedural Posture

Administrative Review / Merits Review at Tribunal

Legal Issues

  1. 1 ['Whether suspension of assessor accreditation for non-compliance with conditions was lawful under Work Health and Safety Regulation 2017' "Interpretation of 'electrical work' under clause 146 of the Regulation" 'Whether Task 7 of NAI requires hoist to be electrified during assessment']

Ratio Decidendi

Connecting a cantilevered materials hoist to electricity supply via a flexible cord plug and socket outlet does not constitute 'electrical work' under the Work Health and Safety Regulation 2017 cl 146(2)(a), and Task 7 of the NAI requires electrification for proper assessment. The suspension of accreditation was lawful as Mr Rees did not comply with Conditions 50 and 62.

Court Disposition

Decision affirmed

Orders

  • ['The decision under review is affirmed.']