Jackson v Commissioner, Queensland Fire and Emergency Services

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Jackson & Anor v Commissioner, Queensland Fire and Emergency Services [2020] QCATA 171

PARTIES:

PETER WAYNE JACKSON

(First Appellant)

JASON EDWARD JACKSON
(Second Appellant)

v

COMMISSIONER, QUEENSLAND FIRE AND EMERGENCY SERVICES
(Respondent)

APPLICATION NO:

APL 092-20

MATTER TYPE:

Appeals

DELIVERED ON:

15 December 2020

HEARD AT:

Brisbane

DECISION OF:

Member Roney QC

ORDERS:

The appeal is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – appeal from a review of decision to issue requisition for installation of a fire hydrant – whether power or jurisdiction to issue requisition – whether premises is within rural or urban fire zone

APPEALS- APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – WHEN APPEAL LIES – ERROR OF LAW –– FAILURE TO GIVE REASONS FOR DECISION – ADEQUACY OF REASONS - duty to provide reasons and deal with arguments advanced below - rule of finality in appeals.

Fire and Emergency Services Act 1990 (Qld), s 69
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19, s 20

Berthelsen & Anor v Queensland Building and Construction Commission [2017] QCATA 82
D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1
Keswick Developments Pty Ltd v Keswick Island Pty Ltd [2012] 2 Qd R 114
King & Ors v Australian Securities and Investments Commission [2018] QCA 352
Mango Boulevard Pty Ltd v Spencer & Ors [2010] QCA 207

REPRESENTATION:

Applicants:

Self-represented

Respondent:

S Anderson, instructed by the Crown Solicitor

APPEARANCES:

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

REASONS FOR DECISION

1. This is an appeal from a decision of the Tribunal delivered on 4 March 2020 in which the Tribunal dismissed an application to review a decision of the Commissioner of the Queensland Fire and Emergency Services (QFES) to issue a requisition to the two applicants to the effect that they were to install a fire hydrant system at premises located near the town of Tully in North Queensland.

2. The matter had been the subject of an oral hearing on 15 November 2019 at which not only were there written statements before the Tribunal in relation to the issues to be raised, but there was also oral evidence, cross-examination and oral submissions made in the course of the hearing. The Appellants to this Appeal Tribunal were the Applicants below.

3. The Appellants are father and son. The First Appellant, Peter Jackson, is 71 years of age, and the Second Appellant, Jason Jackson, is his son, who is 45 years of age. The two of them purchased a cane farm at a property in Murrigal, which comprises some 73 hectares and which originally included a house and an implement shed. Jason Jackson lived on the property with his family.

4. It is common ground that the property had no town water service, and the only water on the property was via a bore on the site. This is relevant to the issues which arose…