Rovera Scaffolding (ACT) Pty Ltd v Director-General of the Chief Minister, Treasury and Economic Development Directorate (Administrative Review)

Rovera Scaffolding (ACT) Pty Ltd sought judicial review of a decision by the Director-General of the Chief Minister, Treasury and Economic Development Directorate (Administrative Review) to issue a notice under section 191(2) of the Work Health and Safety Act 2011 (WHS Act). The decision to issue the notice arose from an investigation into a workplace incident that resulted in a fatality. The respondent had determined that the safety breach leading to the incident was significant enough to warrant a notice under section 191(2) of the WHS Act.

The primary legal issue before the court was whether the respondent's decision to issue the notice was lawful, rational, and based on the correct application of the WHS Act. Rovera Scaffolding argued that the respondent had failed to properly consider the evidence and the circumstances surrounding the incident, and that the decision was therefore flawed. The court had to determine if the respondent's decision-making process was procedurally fair and if the decision was based on the correct legal principles.

The court found that the respondent had failed to properly consider the evidence and the circumstances surrounding the incident. The court determined that the respondent's decision was not based on a rational assessment of the evidence, and that the respondent had failed to properly apply the relevant provisions of the WHS Act. The court concluded that the respondent's decision to issue the notice was unlawful and therefore set it aside. The court substituted a decision that a notice under section 191(2) of the WHS Act should not be issued.