Commissioner for Fair Trading v The Australian National University Union Inc. Trading as Australian National University Bar (Occupational Discipline)

The parties in this case are the Commissioner for Fair Trading and the Australian National University Union Inc., trading as the Australian National University Bar. The dispute revolves around the alleged contravention of the Liquor Act 2007 by the Union, specifically concerning the failure to comply with a risk-assessment management plan. The incident in question involved an emergency exit being impeded by a table and chairs, which led to potential risks to the safety of patrons. The matter was heard in the Civil and Administrative Tribunal of New South Wales.

The primary legal issues that the Tribunal had to address were whether the Union had indeed contravened the Liquor Act by not adhering to the risk-assessment management plan, and if so, whether this constituted sufficient grounds for occupational discipline orders. The Union argued that the impediment was due to a temporary set-up for an event, but the Tribunal needed to determine whether this explanation was reasonable and whether it complied with the legal requirements.

The Tribunal found that the Union had contravened the Act by failing to ensure that the emergency exit was unobstructed, as required by the risk-assessment management plan. The Tribunal considered that this constituted a significant safety risk and thus warranted disciplinary action. Consequently, the Tribunal issued a public reprimand to the Union and required it to undertake a safety audit of its premises and to pay a penalty. The Union was also directed to provide a written undertaking to ensure compliance with the risk-assessment management plan in the future.

The final orders of the Tribunal mandated the Union to carry out a safety audit of its premises within 30 days and to submit a report to the Commissioner. Additionally, the Union was required to pay a penalty of $3,000 and provide a written undertaking to comply with the risk-assessment management plan. The public reprimand served as a formal acknowledgement of the Union's failure to meet the statutory obligations, reinforcing the importance of adhering to safety regulations in licensed premises.