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  4. Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor - [2015] QCAT 496

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Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor[2015] QCAT 496

Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor[2015] QCAT 496

CITATION:

Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor [2015] QCAT 496

PARTIES:

Liam Till

(Applicant)

 

v

 

Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department

(First Respondent)

Sunshine Coast Regional Council

(Second Respondent)

APPLICATION NUMBER:

GAR201-15

MATTER TYPE:

General administrative review matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member J Allen

DELIVERED ON:

10 December 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

  1. The application is dismissed

CATCHWORDS:

GENERAL ADMINISTRATIVE REVIEW – application to review decision of Workplace Health and Safety not to investigate – whether reviewable decision – whether application should be dismissed for lack of substance.

Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 17 and 47

Work Health and Safety Act 2011 (Qld) ss 229 and Schedule 2A

Workplace Health and Safety Regulation 2011 (Qld)  s 676

Izard v Cairns Regional Council [2010] QCAT 410

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

  1. [1]
    Dr Till has concerns about dogs being allowed off leash in areas close to the beach near his home. This is allowed in accordance with Council by-laws. Mr Till had requested that the by-laws be investigated under the Work Health and Safety Act 2011 (Qld) (WHS Act) which was refused.
  2. [2]
    The Tribunal has jurisdiction to review decisions which are made under enabling Acts where there is a right of review provided under the Act in question. The Tribunal was concerned to ensure that Mr Till’s application was in respect of a reviewable decision and made directions that he provide submissions setting out the decision under review and the basis upon which the decision is reviewable by the Tribunal with the Respondents having an opportunity to provide submissions in response.
  3. [3]
    Dr Till confirmed that the decision under review was that of Mr Chris Coxon dated 24 July 2015 confirming Work Health Safety Queensland would not investigate the health and safety concerns at the Mount Coolum Patrolled Swimming Beach. He stated that the Tribunal’s jurisdiction was Division 3 of Queensland’s Work Health and Safety Act 2011, application for external review.
  4. [4]
    The First Respondent submitted that the Tribunal’s jurisdiction in regards to reviewable decisions is contained in s 17 of the QCAT Act and is the jurisdiction conferred by an enabling Act. In regard to review of decisions under the WHS Act is contained in s 229 of that Act. That section enables an eligible person to apply for review of a reviewable decision. It is noted that Schedule 2A of the WHS Act sets out the reviewable decisions and eligible persons. Schedule 2A includes provisions prescribed under a regulation with the applicable regulation being the Work Health and Safety Regulation 2011 (Qld), s 676.
  5. [5]
    It is submitted by the first respondent that in this case the decision which is requested to be reviewed is the one made by the delegate of the regulator of the WHS Act not to assess compliance or take enforcement action, in relation to the designation and operation of a leash free dog area at Coolum Beach, by the second respondent in response to complaints by Dr Till.
  6. [6]
    Having regard to the reviewable decisions set out in the Act and Regulations, the first respondent submits that this decision is not a reviewable decision and any review by the Tribunal would ultra vires. Having regard to that it is submitted that the application should be dismissed pursuant to s 47 of the QCAT Act.
  7. [7]
    The second respondent provided a history of the council decision making process which resulted in the creation of the dog off leash area at Coolum Beach, which is by way of local law being Sunshine Coast Regional; Council Local Law No. 2 (Animal Management) 2001 and Sunshine Coast Regional; Council Subordinate Local Law No. 2 (Animal Management) 2001. There were no specific submissions made by the Council as to jurisdiction.
  8. [8]
    There is no doubt that Dr Till's has ongoing concerns in regard to the dog off leash area. The Tribunal only has the jurisdiction, which it is given by statute. While a decision was made by a decision maker, the Workplace Health and Safety Office, it is only some of the decisions of that decision maker which are subject to review by the Tribunal.
  9. [9]
    The Tribunal accepts the submissions of the First respondent in regards to the characterisation of the decision made as that conforms to Dr Till's understanding of the decision. The Tribunal is satisfied that that type of decision is not one of the ones set out in the Act nor the regulations which are subject to external review by the Tribunal. Therefore the Tribunal does not have jurisdiction to hear the application.
  10. [10]
    In cases where there is a lack of jurisdiction the Tribunal may dismiss the application in accordance with s 47 of the QCAT Act on the basis that it lacks substance[1].
  11. [11]
    The Tribunal orders that the application is dismissed.

Footnotes

[1] Izard v Cairns Regional Council [2010] QCAT 410

Close

Editorial Notes

  • Published Case Name:

    Liam Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department and Sunshine Coast Regional Council

  • Shortened Case Name:

    Till v Workplace Health and Safety Queensland-Office of Industrial Relations Queensland Treasury Department & Anor

  • MNC:

    [2015] QCAT 496

  • Court:

    QCAT

  • Judge(s):

    Member Allen

  • Date:

    10 Dec 2015

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Cases Cited

Case NameFull CitationFrequency
Izard v Cairns Regional Council [2010] QCAT 410
2 citations
Jump To
Cite 1 - [2010] QCAT 410
Cite 2 - [2010] QCAT 410

Cases Citing

Case NameFull CitationFrequency
Till v Work Health and Safety Queensland – Office of Industrial Relations, Queensland Treasury Department [2016] QCAT 331 citation
1

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