SIMONS & DEPARTMENT of JUSTICE and COMMUNITY SAFETY (Occupational Discipline)

This case involved an application for review of a decision by the Justice and Community Safety Directorate of the ACT Government to take disciplinary action against Ricky Simons and to cancel his ACT Assessor authorisation. The decision was based on the finding that Mr Simons had carried out assessments otherwise than in accordance with the guidelines for competency assessment which had been approved as Guidelines pursuant to section 10 of the Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000. The Tribunal was asked to review the decision on the basis that the applicant conducted the assessments in accordance with the Guidelines, and that he was not afforded procedural fairness. The respondent submitted that the decision to cancel the applicant’s accreditation was clear-cut and simple and was based on the applicant repeatedly carrying out assessments which did not comply with the Guidelines. The Tribunal found that the applicant conducted the competency assessments of Duncan Bennett-Burleigh for basic and intermediate rigging, and David Martin for non-slewing mobile crane and dogging in accordance with the Guidelines, but did not conduct the competency assessments in accordance with the Guidelines when assessing Matthew Fisher’s competency to operate a fork lift and when assessing Toby Ryan’s and Ashley Mitchell’s competency to operate a materials hoist. The Tribunal confirmed the decision under review to cancel the applicant’s ACT Assessor authorisation pursuant to section 27(2) of the 2000 Regulation.