Electrical Licensing Committee v Whatalec Pty Ltd; Electrical Licensing Committee v Brindley

The Electrical Licensing Committee applied for dismissal of applications for statutory orders of review brought by Whatalec Pty Ltd and Michael Paul Brindley against decisions made by the Committee under the Electrical Safety Act 2002. The Committee had decided that grounds existed for taking disciplinary action against each respondent (a decision under s 121(1)(a) of the Act) and that disciplinary action should be taken against them (a decision under s 121(1)(b) of the Act). The respondents sought review of the Committee’s decisions, but the Committee argued that review of the decisions was not available because the Queensland Civil and Administrative Tribunal (QCAT) could review the decisions instead. The issue for the court was whether QCAT review was available for both the s 121(1)(a) decisions that grounds exist and the s 121(1)(b) decisions as to whether and what action should be taken, so that the respondents’ applications for statutory orders of review should be dismissed.

The court found that the definition of “disciplinary decision” in the Electrical Safety Act limited review to decisions about whether disciplinary action should be taken and its details if it were. The decision as to whether the ground exists for taking disciplinary action was not a “disciplinary decision” reviewable by QCAT. In the circumstances of this case, both respondents received an information notice from the Committee which advised them that there was no right of review in relation to the s 121(1)(a) decision, but that they could seek review of the s 121(1)(b) decisions that disciplinary action would be taken and what that action would be. The court concluded that the respondents’ applications for statutory orders of review should be dismissed.

1. That the application for a statutory order of review filed by the applicant Whatalec Pty Ltd on 8 March 2021 be dismissed pursuant to s 13 of the Judicial Review Act 1991.
2. That the application for a statutory order of review filed by the applicant Michael Paul Brindley on 8 March 2021 be dismissed pursuant to s 13 of the Judicial Review Act 1991.