The Electrical Licensing Committee applied for the dismissal of applications by the respondents for statutory orders for review. The respondents sought review of the Committee’s decisions under section 121(1)(a) and 121(1)(b) of the Electrical Safety Act 2002 (“the Act”). The decisions by the Committee were that firstly a ground existed for taking disciplinary action and secondly that disciplinary action was to be taken.
It was noted by the parties that section 167 limited rights of review only to a decision under section 121(1)(a).
Chief Justice Holmes made the connection that both s121(1)(a) and s121(b) could be reviewed under section 167 and section 172 of the Act. This because the definition of “about” in s167 extended to and touched the grounds upon which the disciplinary decision was made.
Thus, the judge dismissed the applications for statutory order of review, noting that the applicants were entitled to seek review by the Queensland Civil and Administrative Tribunal.
Scott McLeod QC appeared for the applicants, instructed by Electrical Licensing Committee.
The judgment is published here.