An application for procedural directions in an appeal against the decision of the respondent (Stone, the CEO pursuant to the Coal Mining Safety and Health Act 1999) to cancel the appellant’s (Romanski & Block) certificate of competency under s 179D of the Act.
The proceedings are the first appeal of its kind since the Act was amended. There were no previous authorities in respect of the conduct of appeals brought pursuant to pt14 of the Act, and the rules do not clearly identify the correct procedure for cases such as these. Accordingly, this case will assist in the conduct of future appeals of this kind.
Matthew Hickey OAM for respondent, instructed by Resources Safety & Health Queensland.
The judgment is published here.