Bronze Wing International Pty Ltd v SafeWork NSW

[2017] NSWCA 41

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Licensing
3. › Cancellation of licences
4. › Fit and proper person
5. › Whether conduct of proceedings and evidence of licensees relevant to determination of fitness and propriety
6. › Explosives Act 2003 (NSW), ss 6, 21
1. Administrative Law
2. › Procedural fairness
3. › Notice of case to be met
4. › Whether adequate notice given of allegations in licensing review proceedings
5. › Whether failure to give notice that conduct of proceedings would be taken into account
6. › Whether running commentary on potential findings required
1. Administrative Law
2. › Tribunals
3. › Standard of proof
4. › Whether Briginshaw standard applies to fact-finding by NCAT in licensing review proceedings
5. › Proceedings where rules of evidence do not apply
6. › Evidence Act 1995 (NSW), s 140
1. Administrative Law
2. › Appeals on questions of law
3. › Nature and extent of appeal
4. › Whether error must be shown in decision of Appeal Panel
5. › Whether Appeal Panel entitled to make findings of fact
6. › Civil and Administrative Tribunal Act 2013 (NSW), ss 80, 82, 83

Quick Take

In licensing review proceedings before NCAT where the rules of evidence do not apply, neither the Briginshaw principle nor s 140 of the Evidence Act 1995 (NSW) applies directly, though the underlying approach to fact-finding may apply by analogy. The conduct of proceedings by a licensee — including the construction of legislation propounded and the failure to acknowledge past breaches — is a relevant consideration in determining fitness and propriety, and no advance notice that such matters will be taken into account is required. 'Storing' in the Explosives Act 2003 (NSW) is an ordinary English word that does not require ownership, possession or a right to possession of the goods.