Lucinda Brabazon (led by Scott McLeod KC) appeared for the respondent, instructed by Resources Safety and Health Queensland.
In summary, this was an appeal against the cancellation of competency certificates held by the appellant under the Coal Mining Safety and Health Act 1999. This proceeding concerned whether the Industrial Magistrate, in reviewing the decision to cancel the appellant’s certificates, had exceeded jurisdiction by considering all the facts and circumstances alleged in the respondent’s statement of contentions. The Industrial Court (constituted by the President) exercised its prerogative jurisdiction and found that the Industrial Magistrate had acted outside their jurisdiction by considering allegations which went beyond the proposed action notice. Declaratory relief was granted accordingly.
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